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the same But if the remaining part of such Hogshead of To-
bacco so seized as aforesaid and belonging to the party or
partys paying the same shall be the less Quantity than is due
to the said Sheriff or Sheriffs for leavys as aforesaid then and
in every such Case the Owner or Owners of such Tobacco
shall take out the Overplus of such Tobacco and the Hogs-
head with the remaining part shall belong to such sheriff or
Sheriffs receiving.
And be it further enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid That no Sheriff or
Sheriffs within this Province shall require ask for demand or
receive of or from any person whatsoever any ffees or reward
for Serving any Writt Warrant or precept from the Governour
and Councill or from any Justice of peace or for Summoning
any Grand jury or for Summoning any pettit Jury in Criminall
Causes or for Sumoning or Subpaing any Witness or Witnesses
in Criminall Causes against any person or persons prosecuted
in any of the Courts of this province as a Criminall or for
executing of any Judgment given against a Criminall but in
all such Cases the severall Sheriffs shall and are hereby in-
joyn'd and required to execute and performe the several things
aforesaid ex officio and every Sheriff offending shall forfeit the
Sume of one thousand pounds of Tobacco for every such
Offence the one half thereof to her Majesty her heires and
successors for the support of the Government of this province
and the other half thereof to the party grieved to be recovered
in any Court of Record of this province by action of Debt bill
plaint or Informatio'n wherein no Essoyn Protection or wager
of Law to be allowed.
And whereas many Litigious persons have and for the future
may comence Accons of trespass upon the Case rather out of
Spite and Malice than any reall Cause of Accon and not set-
ting forth in the Originall Writt the Cause of such accon and
yet lay Damage to a vast sume to deter persons from being
baile for prevention whereof for the future.
Be it enacted by the Authority Advice and Consent afore-
said that in all Actions of trespass upon the Case where darn-
ages are laid to be above four thousand pounds of Tobacco if
no Declaration be sent with the Writt expressing the true
Cause of Accon the Sheriff shall not require a baile bond ex-
ceeding the sume of eight thousand pounds of Tobacco altho'
the Damage be laid in the Writt for any greater sume whatso-
ever and any Sheriff offending herein shall forfeit the sume of
four thousand pounds of Tobacco the one half thereof to her
Majesty her heires and Successors for the support of Govern-
ment the other half to the party grieved to be recovered in
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