CHAP.
XLVI.
Bonds taken
by Sheriffs
and Sub-Sheriffs
during
their Office,
shall be endorsed,
for
what Consideration,
otherwise
shall be void.
Salvo with
respect to the
Act of Limitation
The Sheriff
shall charge
only single
Imprisonment
Fees,
tho' the Party
be in Prison
at the Suit of
several Persons.
Repeal of
former Acts,
viz.
1704, ch. 57.
1713, ch. 1. |
the Authority, Advice and Consent aforesaid, That no Sheriff
or Sub-Sheriff,
within this Province, after the Publication of this Act, in their several
and
respective Counties wherein they dwell, shall take any Bond, Bill, or any
other Writing obligatory, of any Person or Persons, upon any Pretence whatsoever,
without endorsing the Account on the Back of the said Bond, Bill, or
Writing obligatory, for which the same was passed: And if any Sheriff
or Sub-Sheriff within this Province, shall, during the Time that he remains
in his Place or Office, upon any Pretence whatsoever, take any Bill, Bond
or
Writing obligatory, without endorsing the Account on the Back-side of the
said Bond, Bill, or Writing obligatory, as aforesaid, by which it may appear
upon what Consideration the same was taken, the said Bond, Bill, or
Writing obligatory shall be void, and of no effect; and the Officer or
Officers
that took the same, shall lose his Debt, and for ever be debarred of suing
any other Action for the Recovery of the same; any Law, Statute or Usage
to the contrary notwithstanding.
XIV. And
that whereas the said Officers are prohibited from taking Bills,
upon any Pretence whatsoever, otherwise then as is directed by this Act,
during
the Time they remain in Office; to the Intent the said Officers may
receive no Damage by the Act of Assembly for Limitation of Actions,
Be it
further Enacted, by the Authority aforesaid, That the Time
the said Officers
remain in Office shall not be reckoned or accounted in the act of Limitation.
XV. And that
whereas it hath been the Practice of several Sheriffs of this
Province, where a Person hath been in Prison at the Suit of two or three
several
Persons, or hath lain for the Satisfaction of two or more several Judgments,
for the Sheriff to charge Imprisonment Fees for each Action or Judgment:
For Prevention whereof for the future, Be
it Enacted, by the Authority
aforesaid, That it shall not be lawful for any Sheriff within
this Province,
to take any more Fees for keeping any Prisoner, though he be in Prison
at
the Suit of two or three several Persons, or for several Judgments, than
if he
was in Prison only at one Suit, or for one Cause, under the Pains and Penalties
mentioned in the * Act for Limitation of Officers Fees against the Offenders
thereof.
* 1704, ch. 86; which expired 1719.
XVI. And be it
further Enacted, That a certain Act of Assembly of this
Province, entitled, An Act restraining the Extortions of Sheriffs, Sub-Sheriffs,
and Deputy Commissaries, made at a Session of Assembly, begun and held
at the
City of Annapolis, the Twenty-sixth Day of April, Anno Domini
One Thousand
Seven Hundred and Four; and one other Act of Assembly, entitled, An
Act of Directions for the Sheriff's Office in this Province, and for the
more easy
Payment of the Public and County Levy, made at a Session of Assembly,
begun
and held at the City of Annapolis, the Twenty-second Day of
October, Anno
Domini Seventeen Hundred and Thirteen, be and are hereby repealed and
made void.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
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