74
An Abridgment of the Laws of
out, and leave the Hogshead and the rest to the Sheriff.
IV. No Sheriff shall exact or receive from
any Person
whatsoever any Fee or Reward for serving any Writ or
Process, &c. in any Criminal Cause, but shall do and
execute the same ex officio, under penalty of 1000 l. of
Tobacco for every such Offence, half to the King, half to
the party grieved, to be recovered in any Court of
Record, &c.
V. In all Actions of the Case, where damages
are
laid to be above 4000 l. of Tobacco, if no Declaration be
sent with the Writ, expressing the true cause of Action,
the Sheriff shall not require Bail above 8000 l. of Tob.
tho the damages be laid in the Writ never so high. And
the Sheriff offending herein shall forfeit 4000 l. of Tobacco,
half to the King, half to the Party grieved, &c.
VI. A Creditor that has Debts owing from
the Publick,
hath his election, either to apply to the Governor
to put the Sheriffs Bond in suit, or immediately have an
Action of Debt against the Sheriff of the County where
such Publick Tobacco shall be due to such Creditor.
VII. No Person having publick Tobacco to
him due,
or Fees in any Sheriffs hands to collect, and doth not
signify to such Sheriff his resolution of making use of
the same on or before the 25th of Decemb. in the year the
same shall be due, shall not take any benefit by this Act
for that year. Nor shall any Sheriff levy by way of Execution
any Publick Dues or Officers Fees, where the
same have not been demanded at or before the 20th of
January that year.
VIII. Where Publick Tobacco and Fees
have been
demanded within the times before limited, such demandant
shall be obliged to take the same, and discharge
such Debtor for so much as shall be by him received,
and upon refusal of receiving such Tobacco,
being viewed and found Merchantable, shall be weighed
and markt for the Demandant, and be a sufficient
discharge to the Persons paying the same, provided the
same be tendered before the 10th of April.
IX. No Sheriff shall presume to levy
any Publick
Officers Fees where the Person can make appear that they
have been paid, under penalty of treble the summ to
the Party grieved.
X. The High Sheriff of every County shall
be bound
with security to the King in the full summ and just
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