II.  And if it shall so happen that at any Time any Sheriff shall seize any
Hogshead of Tobacco which shall weigh more than such Levy or Levies, or 
Dues as aforesaid, shall amount unto, if the remaining Part, due to the Party
or Parties from whom they shall receive such Levy or Levies or Dues aforesaid,
be the greater Quantity; then, and in every such Case, the Sheriff
or Sheriffs shall take out of the said Hogshead such Quantity or Quantities of
Tobacco due to him for such Levy or Levies, or Dues as aforesaid, and the
said Hogshead, and the remaining Part of the Tobacco shall be and remain
with the Party or Parties paying the same:  But if the remaining Part of such
Hogshead of Tobacco, so seized as aforesaid, and belonging to the Party or
Parties paying the same, shall be the less Quantity than is due to the said Sheriff
or Sheriffs as aforesaid, then, and in every such Case, the Owner or Owners
of such Tobacco shall take out of the Overplus of such Tobacco, and
the Hogshead, with the remaining Part, shall belong to such Sheriff or Sheriffs
receiving the same.

    III.  And whereas, many litigious Persons have, and for the future may
commence Actions of Trespass upon the Case, rather out of Spite and Malice,
than any real Cause of Action, and although they set not forth in the
Original Writ the Cause of such Action, yet lay their Damage to a vast Sum,
to deter Persons from being Bail:  For Prevention whereof for the future;
Be it Enacted, by the Authority, Advice and Consent aforesaid, That in all Actions
of Trespass upon the Case, were Damages are laid to be above Four
Thousand Pounds of Tobacco, if no Declaration be sent with the Writ, expressing
the Sum of Eight Thousand Pounds of Tobacco, although the
Damages be marked on the Writ for any greater Sum whatsoever:  And any
Sheriff offending herein shall forfeit the Sum of Four Thousand Pounds of
Tobacco, the one Half thereof to his majesty, his Heirs and Successors, for
the Support of Government, the other Half to the Party grieved; to be recovered
in any Court of Record of this Province, by action of Debt, Bill,
Plaint or Information, wherein no Essoin, Protection or Wager of Law to be
allowed.

    IV.  And to the End that Public Creditors may be speedily satisfied their
Debts due from the Public; Be it Enacted, by the Authority, Advice and
Consent aforesaid, That every Public Creditor within this Province, shall be at
his Election to make Application to the Governor of this Province, for the
Time being, to put such Sheriff's Bond or Bonds in Suit; or otherwise may
immediately have an Action of Debt against such Sheriff, in any Court of
Record within this Province, for such Public Tobacco as shall be due to
such Creditors.

    V.  And to the End that no Officer, or other Person, may be surprized, or
unjustly molested, either upon the Account of Payment of Collection of Public
Dues; Be it likewise Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That any Person or Persons having Public Tobacco
due to them, or Fees in any Sheriff's Hands to collect, and that do not
signify to such Sheriff or Sheriffs their Dependance and Resolution of making
Use of the same, on or before the Twenty-fifth Day of December in the
Year the same shall be due to him or them, shall not have, take or demand,
any Benefit or Advantage by this Act allowed for that present Year, and so
every Year successively; nor shall the Sheriff of any respective County levy,
by way of Execution, any Public Dues, or Officers Fees, upon the Body,
Goods or Chattels of any the Inhabitants of this Province, except they have
 

No Sheriff
shall, in any
action of
Trespass, take
a Bail Bond
exceeding
8000 lb Tobacco,
where
no Declaration
is sent
with the
Writ,

on Penalty of
4000 lb Tobacco.







Public Creditors
may
either apply 
to the Governor
to put the
Sheriff's
Bond in Suit,
or may immediately
have Action
of Debt, &c.

Public Dues,
&c. to be demanded 
of
the Sheriff b
the 25th Dec.
yearly,





and by the
Sheriff at or
before the
20th Feb.