LAWS OF MARYLAND.—1715 33
the inhabitants of this province, any fees to him committed to
collect, where the person or persons from whom such fees
appear to be due produce the former sheriff's receipt, or other-
wise make appear the same to be paid, under the forfeiture and
penalty of treble the sum executed to the party or parties
grieved, to be recovered with cost in any court of record within
this province, by bill, plaint or information, wherein no essoin,
protection or wager of law to be allowed.
SEC. 7,8,9. A substitute therefor in 1794, ch. 51.
SEC. 10. Inconsistent with the provisions of the constitution of Maryland. |
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SEC. 11. 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, but 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. |
They shall
discount
their own
debts, &c. |
SEC. 12. And be it further enacted, That the high sheriff of
every respective county shall be liable to be sued as aforesaid,
for his own or any of his deputies' offence or 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, sec. 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 endorsed to any person
indebted to such sheriffs, so far as they shall owe the drawer of such note,
without any deduction for such discount, on forfeiture of two thousand
pounds tobacco for every offence. |
And maybe
sued, &c. |
SEC. 13. 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 ascer-
tained by the acts of assembly of this province, from several of
the inhabitants thereof, and though 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 ac-
count 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 the authority, advice and consent aforesaid, That
B |
Bonds to be
endorsed. |
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