32 LAWS OF MARYLAND.—1715.
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tobacco received, marked and nailed, for any cause whatsoever,
but only for levies due to the public, county, parish, or for the
forty per poll to the minister; and the several sheriffs are hereby
empowered to break the lock of any tobacco-house, or other
houses where tobacco is or shall be secured, with design to pre-
vent the said sheriff from seizing such tobacco for levies and
dues as aforesaid; and any sheriff so seizing or marking any
hogshead or hogsheads of tobacco containing more than what is
justly due for levies and dues as aforesaid, without satisfaction
to the person to whom such tobacco doth belong, as by giving
credit, or suffering him to take the overplus out of such hogs-
head of tobacco, at the choice of the party paying or owing the
same, shall pay for every such default the sum of two thousand
pounds of tobacco, one-half to his majesty, his heirs and suc-
cessors, for 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.
The public dues are now collected in dollars and cents.
SEC. 2. See preceding note. |
Bail bond
not to ex-
ceed eight
thousand
pounds of
tobacco,
&c. |
SEC. 3. 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, where damages are laid to
be above four thousand pounds of tobacco, if no declaration be
sent with the writ, expressing the true cause of action, the
sheriff shall not require a bail bond exceeding 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.
SEC. 4. The laws regulating the responsibilities of the various public
officers, authorize actions to be sustained on official copies of their ministe-
rial bonds.
SEC. 5. Altered by the laws relating to officers' fees. |
No sheriff
shall exe-
cute, &c. |
SEC. 6. And be it also enacted by the authority, advice and
consent aforesaid. That any sheriff within this province, having
in his hands public officers' fees to collect, shall not presume to
levy, by execution, upon the body, goods and chattels of any |
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