present majesty, intituled, An act declaring the law concerning executions, and for the relief of insolvent debtors, it is among other things enacted, that where any writ of execution is sued out upon a judgment, in any action for sterling money, the sheriff or other officer to whom such writ is directed, shall levy the same, in current money, at the rate of twenty five per cent. advance upon the sterling, for a difference of exchange, which is oftentimes found not to be a full satisfaction for the damage sustained by occasion of the non-acceptance, or non-payment of bills of exchange, or sufficient to enable merchants to remit the money due to them in this colony without great loss.

re

debt to be

the court

II. BE it therefore enacted, by the Lieutenant Go Judgment vernor, Council, and Burgesses, of this present General for a sterling Assembly, and it is hereby enacted, by the authority of discharged the same, That in any action which hath been or shall at such a difbe commenced, and is or shall be depending, for the ference of recovery of any sterling money, in any court of exchange as cord in this dominion, wherein the plaintiff or plain- shall think tiffs shall recover, such court shall have power, and proper. are hereby directed by rule to be entered, at the foot of their judgment, in such action to order such judgment to be discharged or levied in current money, at such a difference of exchange as they shall think just; any law, usage, or custom, to the contrary thereof, in any wise notwithstanding.

declare for

III. And be it further enacted, That if any person Where a shall, in any suit hereafter to be brought, declare for person may sterling money, except where the debt or duty is pay- sterling moable in sterling, the plaintiff in every such suit shall ney, where be non-suited; and if any person shall, after the pass- not, and how ing of this act, take a bond, obligation, or note, paya- to be levied. ble in sterling, for any current money debt, and shall bring any suit thereon, the court before whom such suit shall be tried, upon proof being made thereof, shall order the judgment to be discharged or levied in current money, at the rate of twenty five per cent.

is to be expressed what

IV. And be it further enacted, by the authority afore- In all bills of said, That in all bills of exchange given after the first exchange, it day of October next, for any debt due in current money of this colony, or for current money advanced and was paid for paid for such bills, it shall be mentioned and expressed in such bills, the sum in current money that was paid or allowed for the same; and, in default thereof, in case such bill shall be protested and a suit brought

the same,

and the pen alty, to insert any o

true sum.

ther than the for the recovery of the money due thereby, the sum of money expressed in such bill shall be held and taken as current money, and judgment shall be entered accordingly: And if any person so receiving or purchasing a bill of exchange shall express or cause to be expressed therein any other than the true sum in current money allowed for the same, every such person so offending, shall forfeit and pay to the person drawing such bill, the whole sum of money for which such bill shall be drawn: to be recovered with costs, by action of debt, in any court of record within this colony, wherein the same shall be cognizable.

V. And to the end people may not be injured, for want of due proof of the rate of exchange so given or allowed for such bills, where the same is not truly expressed therein, such bills being usually negociated in secret, and with such caution, that it can seldom be detected in the ordinary course of evidence, Be it further enacted, That it shall and may be lawful for any drawer of such bill of exchange to exhibit a bill in chancery, in any court of record in this colony, against the person to whom such bill shall be payable, to compel him to discover upon his corporal oath the true difference of exchange given or allowed for such bill; and, in that case, if it shall appear that a less rate of exchange was given or allowed than is expressed, the drawer of such bill shall be discharged from the penalty herein before inflicted for the same; but shall be decreed to pay to the drawer so much money as the rate of exchange allowed shall be less than the rate of exchange expressed, together with the damages of ten per centum, per annum thereon, to the time of such decree, and costs of suit.

VI. And whereas many persons come from beyond sea, and here settle and trade with the subjects of this colony, who become indebted to them on account of such dealings; and the persons so trading, in order to entitle themselves to many advantages allowed to the merchants resididg in Great Britain, and bringing suits here for the recovery of debts contracted there, do pretend that they are factors for some persons beyond the sea; and do accordingly commence suits, in the names of such pretended principals, although it is reasonable that the debts so contracted should be considered, in all respects, as other debts between persons residing in this colony: for remedy whereof,

certain prac tices a

mongst fac

VII. Be it enacted, by the authority aforesaid, That To prevent where any suit shall hereafter be brought, in the name or names of any person or persons residing in Great Britain, or Ireland, for the recovery of any debt due tors. for goods actually sold, and delivered here, by his or their factor or factors, it shall be mentioned and expressed, in the declaration or petition in such suit, by what factor or factors the goods and merchandizes for which the debt sued for became due, were sold, and delivered; or in default thereof such suit shall be dismiss'd, with costs, and the factor or factors, so to be named, shall be allowed to take the same oath to his book of accounts, or to a copy thereof, in case his book shall not be required to be produced; which shall be allowed as evidence, in the same manner, and under the like limitation and restrictions, as if the suit was brought in the name of such factor. And that such factor, or factors, shall not further or otherwise be admitted as a witness in such suits, or be entitled to any allowance for his attendance as a witness. VIII. And be it further enacted, That all such suits Limitation. shall be commenced and prosecuted within the time. appointed and limited for the bringing the like suits, by an act of Assembly, made in the fourth year of the reign of her late majesty, queen Anne, intituled, An act for the limitation of actions, and avoiding of suits, and not after, notwithstanding the saving in the said act to persons beyond the sea, at the time their causes of action accrued.

IX. Provided nevertheless, That if any factor shall Proviso. happen to die before the expiration of the time in which such suit should have been brought, such principal shall be allowed two years from the death of such factor; to commence and prosecute his, her, or their action for any debt due to him, her, or them, on account of any contract or dealing with such factor.

X. And be it further enacted, by the authority afore- Lawyer's fee said. That in all petitions brought for the recovery of to be taxed. such debts, if the plaintiff shall recover, a lawyer's fee shall be taxed in the bill of costs, in case the factor, so to be named in the petition, shall be unable to attend the court in person, or the defendant resides in another county than where the debt is contracted, and not otherwise.

XI. And whereas by an act of Assembly, made in the twenty second year of the reign of his present maLLL-Vol. 6.

Sheriff's to give bond.

The form.

jesty, intituled, An act prescribing the method of appointing sheriffs, and for limiting the time of their continuance in office, and directing their duty therein, it is amongst other things directed, that every sheriff shall, before his being sworn into, and executing his office, enter into bond, with sufficient suretics, in the sum of one thousand pounds current money, for his true and faithful performance of his office; but such bonds being payable to his majesty, it hath been doubted, whether the securities of a sheriff can be made liable on such bond, for any money or tobacco, levied and received by such sheriff, upon any writ of execu tion, or for officers fees and dues put into his hands to collect; for explaining whereof.

XII. Be it enacted by the authority aforesaid, That every person accepting a sheriff's commission, shall before his being sworn into or executing his office, enter into one bond before the justices of his county court, with two good and sufficient securities at the least, in the sum of five hundred pounds, with a condition in the following form, to wit:

The condition of the above obligation is such, that whereas the above bound A. B. is constituted and appointed sheriff of the county of

during

pleasure, by commission from the governor, under the seal of the colony, dated the

day of

last past; if therefore the said A. B. shall well and truly collect all quit-rents, fines, forfeitures. and amerciaments, accruing or becoming due to his majesty, in the said county, and shall duly account for, and pay the same to the officers of his majesty's revenue for the time being, on or before the second Tuesday in June annually, and shall in all other things truly and faithfully execute the said office of sheriff during his continuance therein; then the above obligation to be void, otherwise to remain in full force and virtue:

And shall also enter into one other bond, before such court, and with the like sureties, in the sum of one thousand pounds, with a condition in the following form, to wit:

The condition of the above obligation is such, that whereas the above bound A. B. is constituted and appointed sheriff of the county of during

pleasure, by commission from the governor, under the seal of the colony, dated the

day of

last past; if therefore the said A. B. shall well and truly collect and receive all officers fees and dues, put into his hands to collect and duly account for, and pay the same to the officers to whom such fees are due, respectively, at such times as are prescribed and limited by law; and shall well and truly execute, and due return make, of all process and precepts to him directed, and pay and satisfy all sums of money and tobacco by him received, by virtue of any such process, to the person or persons to whom the same are due, his or their executors, administrators or assigns, and in all other things shall truly and faithfully perform the said office of sheriff, during the time of his continuance therein, then the above obligation to be void, otherwise to remain in full force and virtue:

Both which bonds shall be made payable to his majesty, his heirs and successors; and that in the name of his majesty, and his successors, any person or persons injured may and shall, at his or their costs and charges, commence and prosecute suits on such last mentioned bond, against the parties therein bound, their executors or administrators, and shall and may recover all damages which he, she, or they may have sustained, by reason of the breach of the condition of such bond; and such bond shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plaintiffs, who shall sue on such bond, but may be put in suit and prosecuted, from time to time, for the benefit, and at the proper costs and charges of any party injured, until the whole sum of one thousand pounds, the penalty expressed in such bond, shall be recovered.

XIII. Provided always, That if any verdict or Proviso. judgment shall pass for such sheriff or his security, the person at whose instance such suit shall be brought or prosecuted, shall pay such sheriff, or his security their costs.