one Half whereof shall be applied to the Support of Government, and
the
other to the Informer, or such Person that will sue for the same; to be
recovered
in the Provincial Court of this Province, wherein no Essoin, Protection
or Wager of Law shall be allowed.
IX. And the
said Secretary, and his Chief Clerk of the Provincial Court,
shall be obliged, at the next Council after receiving any Sheriff's Bond
or
Bonds into the Secretary's office, to lay the same before his Excellency
the
Governor of this Province, for the Time being, for his Approbation or Disallowance
of the Securities taken by the County Courts. And the said Commissioners
are hereby required and enjoined, to take new Security yearly, and
every Year, of such Sheriffs, so long as they shall continue in the said
Office,
and transmit the same as aforesaid; having a special Regard not to admit
any
Person to be Security as aforesaid, but such as are good and substantial
Free-holders
within their Counties; and also to make the Obligation of such Bond,
so to be taken from any Sheriff, answerable to the Public Charge of their
respective
Counties; which Penalty shall not be less than Two Hundred Thousand
Pounds of Tobacco as aforesaid.
X. And for
the Encouragement of such Persons now bearing, or that shall
hereafter bear, the Office of Sheriff, and who shall punctually comply
with
the Public Creditors; It is also hereby further
Enacted, by the Authority,
Advice and Consent aforesaid, That it shall and may be lawful for his
Majesty's
Governor, for the Time being, where no just Complaint is made against such
Sheriffs, to continue and make good their Commission, for the Time and
Term of Three Years successively, but no longer.
XI. And be it
further Enacted, by and with the Advice and Consent aforesaid,
That if any High-Sheriff or High-Sheriffs, being indebted to any Person
or Persons, shall refuse to discount or allow the same out of any Public
or County Levy due from such Person or Persons, it will, notwithstanding
the same Debt being due from the Sheriff, take the Body, or Goods of such
Person in Execution, shall be liable to be prosecuted in an Action of Trespass,
or False-Imprisonment, as the Case shall require.
XII. And
be it further Enacted, That the High-Sheriff of every respective
County shall be liable to be sued as aforesaid, for his won, or any of
his
Deputies Offences against this act: And the Debts mentioned,
which the Sheriff may owe to any Inhabitant, are to be understood of
such
Debts as are assigned to the Inhabitants in the Public, County or Parish
Levy, or Forty per Poll as aforesaid, or due from the High-Sheriff, by
Bill,
Bond, Note, or Account proved; any Law, Usage or Custom to the contrary
notwithstanding.
By 1724, ch. 21, §. 4, Sheriffs
shall discount their own Debts out of any Levies, &c. and allow
the Contents of any Note drawn on them by Persons having Tobacco in their
Hands, in
Favour of or indorsed to such Sheriffs, so far as they shall owe the Drawer
of such Note; without any Deduction for such Discount, on Forfeiture of
2000 lb Tobacco for
every Offence.
XIII. And
whereas there have been divers great Complaints from several
Parts of this Province, to this General Assembly, of several Sheriffs and
Sub-Sheriffs,
that have exacted and extorted great Sums of Tobacco, above their
due and lawful Fees ascertained by the Acts of Assembly of this Province,
from several of the Inhabitants thereof; and thought the laws of this Province
have inflicted a severe Penalty upon any Officer that shall charge and
receive more than his due Fees, yet the said Officers have most cunningly
and
craftily evaded the said Laws, by taking Bills, or Writings obligatory,
without
ever delivering any Account signed under their Hands, as the Law directs,
so that the party grieved cannot sufficiently prove the said Extortion,
and is
thereby left without Remedy: For Prevention whereof, Be
it Enacted, by
|
CHAP.
XLVI.
And laid (by
the Secretary,
&c) before
the Governor
in Council,
for his Approbation,
County
Courts to
take new
Security
yearly.
Sheriffs may
be continued
3 years successively
in
office, and
no longer.
Sheriffs shall
discount their
own Debts
out of any
Levies due
from their
Creditors; or
be liable to
Action, &c.
Not only for
their own,
but also their
Deputies Offences
herein.
What sort of
Debts the
Sheriff shall
be obliged to
discount.
Evil Practices
of Sheriffs, in
taking Bonds
for Fees, &c. |