114 Provincial Court Proceedings, 1679/80.

Liber W. C.
p. 103

shall loose & forfeit to the party grieved treble damages And shall
also forfeit the Sume of six thousand pounds of tobacco or forty
pounds sterl for every tyme he or they shall so doe the contrary,
the one moiety To the Lord Prop^ry his heyres & successors, the
other moiety to the party or parties that shall sue for the same by
any plaint action suite bill or Information, wherein no Essoyne pro-
tection or wager of Law shall be allowed. As by the said Act may
more att large appeare Notwithstanding which the said Richard
Ladd Sheriffe of the County aforesaid, the said Act & the penaltyes
therein contained little reguarding, he the said Richard Ladd haueing
a certaine writt of Capias ad satisfaciend against the body of the
said John Atkey att the suite of W^m Eagle & Amy his wife Adm^x
of John Burges deceased for the Sume of Eight hundred thirty &
six pounds of tobacco, him the said John Atkey the Eleventh day of
Septemb^r One thousand six hundred Seventy nine att the Clifts in
Calvert County aforesaid did Arrest & take, & him in prison did
detaine, and would not discharge, untill the said Richard from
him the said John had extorted & taken for his ffees as Sheriffe of
the said County in serving the said writt of Capias ad satisfaciend
upon the body of the said John for Eight hundred thirty & six
pounds of tobacco as aforesaid the Sume of Eight hundred pounds
of tobacco, whereas by the said Act of Assembly there was due to
him the said Richard for his ffees in serving the said writt no more
but one hundred & tenn pounds of tobacco And so the said John
Atkey saith, that the said Richard Ladd under colour of his Office
of Sheriffe of Calvert County of him the said John Atkey for
serving the said Execution hath taken & Extorted the sume of six
hundred and ninety pounds of tobacco more then by the said Act of
Assembly he ought to have had, to the great damage of the said
John Atkey, & against the Act of Assembly aforesaid by which
Action hath accrued to the said John Atkey to require & haue of the
said Richard Ladd the Sume of two thousand & seventy pounds of
tobacco being treble the sume he was damnified And also the Sume
of three thousand pels of tobacco or Twenty pounds stert in the
said Act of Assembly contained, itt being due to him for suing for
the same, And thereupon he bringeth his suite
And the said Richard Ladd by Christopher Rousby his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle thereunto untill next Provintiall Court, & itt is granted
unto him, the same day is given to the p^R also
Att which said next Provintiall Court, to witt the Fourteenth day
of ffebruary in the fifth yeare of the Dominion of the right Hon^ble
Charles Lord Baltemore &c Annoq Doni 1679 came the said parties
by their Attorneys aforesaid, And the said Richard by his said
Attorney saith that he said Richard is in no wise guilty of the
trespasse aforesaid in manner & forme as the said p^lt in his said
Declaration hath alleadged And of this he putts himselfe upon the