INTRODUCTION xxxix

swear jurors and witnesses. 5S A 1692 act provided that sheriffs were not to exact
or receive fees for serving or executing writs, warrants or process in criminal cases,
but were to execute the same ex officio. Another act of the same year provided that
any criminal discharged from imprisonment by order and due course of law should
pay his own fees to the sheriff (goaler, clerk and crier added in 1699) either out
of his own estate or by servitude. An exception was made in the case of criminal
servants, the county paying the aforesaid fees, with provision for the commis-
sioners to obtain reasonable satisfaction from such servants upon the expiration
of their time of servitude. 59

Several orders imposing duties upon the sheriff appear in the Liber. By an Oc-
tober 28, 1698 order of the Governor and Council of the province the sheriffs and
clerks of the indictments in each county court were ordered to take care that all
their fines be "prosecuted to Judgment and Estreated" so that his Majesty's re-
ceiver might have a full and true account thereof. Later, at the October 1699 ses-
sions, the Prince Georges County justices ordered that the clerk make a copy of all
amercements since the establishment of the court and turn it over to the sheriff
for collection with the county levy. By a November 10, 1698 order of the Governor
and Council the sheriffs in each county were to take into their custody all waifs,
strays and deodands and deliver them to the royal receivers who were to dispose
of them. 60

Of the duties of sheriffs of a fiscal nature perhaps of greatest importance was the
collection of the tobacco in the county levies, the sheriff receiving by law a fee
amounting to one-tenth of that collected. On several occasions the sheriffs were
also ordered to collect from the public officers having "places of profit" living in
their bailiwicks all such sums of tobacco as were directed by law to be assessed and
levied from such officers for the public use. 61

The sheriffs also played a role in the election of delegates to the General As-
sembly. By writ of election from the governor the sheriff in each county was em-
powered to call together four or more commissioners with the clerk to sit as a
court. At this court the sheriff made public proclamation giving notice to all
freemen authorized by law to appear at a designated time and place for the election
of delegates to the General Assembly. In January 1697/8 the sheriffs played a fur-
ther role, being ordered to give notice to the delegates chosen "that they be very
carefull to thoroughly inform themselves of the true state and Condition of the
respective Counties for which they serve," including militia matters, disposition
of tobacco levies, condition of churches, court-houses and public records, grievances
to be redressed and Indian matters. 62

From time to time proclamations covering a wide range of subject matter were
issued by the governor under the great or broad seal of the province. They in-
variably enjoined publication by the several sheriffs in various public and con-
venient places in their respective counties. Following publication the sheriffs were
instructed to deliver them to the clerk of the county court to enter upon record,
"by reason all persons may have Resort thereto upon occasion." (Such entry was
irregular in Prince Georges County.) They were also to make a separate return to
the Council of all proclamations and orders of the Council commanding some
act—for their vindication in case any person should be committed for contempt

58. 13 MA 510-11; 22 id. 576-77.

59. 13 id. 471, 550; 22 id. 527.

60. 25 id. 25; infra 430, 615. For reference to an earlier dispute as to whom waifs, etc., belonged,
see 23 MA 34-35.

61. 13 id. 510-11; 22 id. 576-77; 20 id. 393, 445; 23 id. 206; 25 id. 30.

62. 23 id. 372-73, 381-82-