Volume 67, Page 414 View pdf image (33K) |
414 Provincial Court Proceedings, 1677/8. Liber N N other ffees then by the said Act is lymitted & allowed to the said Officers therein menconed And in case any should doe contrary directly or indirectly to the said Act, shall loose & forfeit to the party grieved treble damages And also forfeit the sume of six thousand pounds of tobacco or forty pounds stert for every tyme he or they shall so doe the contrary, the one moiety to the Lord Propry his heyres & Sucessors the other to the party or parties grieved that shall sue for the same Provided that if any ffees for any matter or thing to be done belonging to their severall Office or Offices, & by the right Honble the Lord Propry or his Lievtenant & Governor & Coun cell so allowed & adjudged & not in that Act menconed lymitted & allowed, then itt shall be law full to have & receive such ffees as the Lord Propry & Councell shall judge & allow & no more under the penalty aforesaid, by which said Act more att large itt doth appeare Notwithstanding which Gerard Slye high Sheriffe of St Maryes County not being ignorant of the prmisses & the said Act of Assembly little weighing nor any way fearing the penalty in the same con tained the one & thirtieth day of October in the yeare of our Lord one thousand six hundred seventy seven & after the publicacon of the. said Act then being high Sheriffe of the County aforesaid in the County aforesaid extorted by colour of his Office of high Sheriffe by himselfe & one John Slye his Servant had & received of one Wm Watts of the County aforesaid the sume of one hundred & tenn pounds of tobacco for executing a Citacon directed to him out of the Office of the Honble Philip Calvert Esqr chiefe Judge of probate of Wills & granting Admcons for this Province the said ffee not being contained in the said Act nor allowed and adjudged by the Propry & his Councell agt the forme of the said Act whereupon the said Kenelm Attorney Genll for the said Lord Propry prayeth advise hereof the Court in the prmisses And that the said Gerard may f or feit the penalty in the said Act contained for his said Offence agt the forme of the said Act so as aforesaid done & comitted & that the said Gerard may come here into Court to answer of & upon the prmisses. Whereupon itt was comanded the Coroner of St Maryes County that he Attach the said Gerard Slye if &c to answer the said Kenelm Cheseldyn who &c of & upon the prmisses. And the said Gerard Slye by Christopher Rousby his Attorney p. 638 Cometh & defendeth the force & injury when &c and prayeth liberty to imparle hereunto untill next Provincial Court & itt is granted unto him the same day is given to the said Kenelm also. Now here att this day to witt the Eighteenth day of June in the third yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni 1678. came the said Kenelm Attorney Genll &c and the said Gerard by his said Attorney likewise came And the said Gerard saith that he is not guilty of the prmisses above by the said Kenelm imposed upon him & of this he putts himself e upon the Countrey And |
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Volume 67, Page 414 View pdf image (33K) |
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