214 Provincial Court Proceedings, 1679/80.

Liber W. C.

to be overcharged Itt is the folly of ye Debto^r if hee pay more then
his due to any person w^thout Execution, and for the said Gerrard
to Collect 988^lb of Tobacco for the ffees of any Lawfull officer by
order or Consent of the same officer is in him noe breach of the Act
for Limitacon of officers ffees.

p. 190

(3) Itt is not mentioned in the said Information for what those
fees were p^rtended to bee due which are Alleged to amount to 988
pounds of tobacco, and soe Itt Cannot posibly bee Judged by any
thing that appeares, Whether the same doe Exceed fall short or
agree with the Limitacon of the said Act, & by Reason of that Un-
certainty noe Conclusion or Judgment Can bee given or grounded
thereupon And soe the said Informacon of the breach of the said
Act of Limitacon of offices fees is Vitius imperfect and uncertaine
(4) The said Informer in his said Informacon Chargeth the said
Gerrard to have Received for sumoning of Evidences 720^lb of
Tobacco, but doth not Expresse how many Evidences Were pre-
tended to bee Sumoned or in What actions or Causes or by whome
the same were sumoned or p^rtended to be sumoned, and soe if any
such sume Were Received for sumoning Evidences Itt might bee
due to y* Coroner or Coroners &c And If itt were supposed to be due
to the Sheriffe, Yet the said 724^lb of Tobacco may as Possibly bee
Lesse as more then is allowed by the Limitacon of the said Act for
officers ffees, and the same ought by Lawe to bee Intended to bee
according to the Limitacon of the Act for officers fees since the
Contrary appeares not, And all pleas ought to bee taken most strictly
against the pleader, Therefore the s^d Information is uncertaine and
Insufficient
(5) For that the said Informer doth not sett forth in his said In-
formacon in what suite or suites Accon or accons or betweene What
persons or in what Court or Courts of this Province the same suite
or suites Accon or accons were or are Depending for w^ch the ffees
aforesaid or any of them for y^e pceedings aforesaid are Supposed to
bee p^rtended to bee due, Whereby the said Gerrard Slye the Defend^t
is disabled to have Recourse to the Records of the same Court or
Courts if any such there Were for his Ayde or Justificacon If the
Case soe required, and Without such shewing forth the defend
shall bee Lyable by any other person to bee againe Informed against
for the same matter Wch would bee against Lawe, Therefore the
said Information is Vitious Imperfect & Insufficient
(6) Itt is not att all Expressed or Declared and sett downe in
the said Information in what place or in What hundred or in What
County of this Province The s^d pretended breach of the said Act
of Limitation of officers ffees was by the said Gerrard Slye Comitted
as by the Lawe Itt ought to have beene done, The not doeing
whereof being directly Contrary to the forme of the Statute of the
31^th of Elizabeth Chapt^r the 5^th Section the 2^d, Therefore the said
Informacon is Utterly Voyd and Insufficient