184 Assembly Proceedings, Oct. 28-Nov. 15, 1712.

L. H. J.
Lib. 41

Office now is and that the Office called the Assembly Office
belong to the Town Clerk of the City of Annapolis according
to the Message from the Council
Resolved the Supplementary Act be brought into the Act
for Probat of Wills to oblige Creditors to take the Deceased's
Goods at the Appraisments
The House adjourned till to Morrow Morning Nine O'Clock.

Friday 14^th Nov. 1712.

The House met according to Adjournment Being called
were all present as Yesterday.
Read what was done Yesterday
The Message brought into the House Yesterday relating to
the Sheriff's executing Writs of fieri facias Read and debated
and Resolved it be answered as followeth

By the House of Delegates
14^th Nov. 1712

We take it strange your Honours should believe the Act
restraining the ill Practice of Sheriffs executing Writs of fieri
facias was only designed to remedy the same in Calvert
County and no other Place in this Province We can give you
many Instances of like Nature in other Counties and must say
the Sheriff of Calvert County is not so great a Stranger to
M^r Dalton's Office of Sheriff to Act contrary thereto and that
the Goods we instanced to be sold were valued by a Jury at a
greater Value than sold for Neither would the Sheriff sell un-
til commanded by a Venditioni Exponas and was forced by
the Creditors to sell them at less than half what the Jury
valued them at Besides that Bill would remedy many
other Evils as if Cattle were taken in Execution by A. B.
Sheriff by Virtue of a fieri facias and the Sheriff returns they
remain in his Hands for Want of Buyers and then die. A
Venditioni Exponas issues commanding his Successor to sell
them this last Sheriff cannot execute the Writ for the Goods

were never in his Custody and before a new fieri facias ran

be taken out the Cattle are all lost or dead for after they are
executed they are out of the Defendant's Custody and the
Executors or Administrators of the first Sheriff can't detain
them nor are they answerable; so this is a Loss to the Creditor
as well as the Debtor Again to what Purpose is it for the
Sheriff to keep the Goods in his Hands for many Years when
no Buyers offer. This must needs be a great Loss to the
Creditor and Debtor especially in Goods perishable or charge-