Acts. 141

Virtue of this Act And be it Enacted by the Authority Afores^d that
if Any Action of Escape be brought against any Sherriff or any
Suit or Action be brought Against Any Justice or Justices for Per-
forming their Office in Pursuance of this Act he or they may plead
the General Issue & give this Act & the Special matter in Evidence
if the Plantiff be nonsuit or discontinue his or her Action on Ver-
dict Passed against such Plantiff or Judgment upon Demurrer the
Deffendant shall have & recover double Costs Provided also that
nothing in this Act shall Extend or be Construed to Extend to barr
any Creditor or Creditors of the before mentioned Prisoners or
any of them from having or Maintaining any action of Escape
Against any Sherriff who hath Permitted any Escape before the
Making of this Act Provided nevertheless that in Case the said
Anthony Parker Patrick Ryley & Cleborn Lomax or any of them
shall at Any time after the making such their Oath or Oaths or Take-
ing such Affirmation as aforesaid be Convict of Willfull & Corrupt
Perjury thereupon or of a Willfull breach or noncompliance with

Session
Laws

the tenor of Such Oath or Affirmation as Aforesaid that then the
said Anthony Parker Patrick Ryley & Cleborn Lomax or Such of
them as shall be Convicted as Aforesaid shall upon such Conviction
Suffer Death without benefit of Clergy & the Estate or Estates of
such Convicted Person or Persons shall Appertain to the use of the
right Honourable the Lord Proprietary his heirs & Successors any-
thing therein Contained to the Contrary notwithstanding. Pro-
vided always that the Sherriff of Charles County shall be first Satis-
fied his Imprisonment fees out of the Respective Effects of the s^d
Prisoners before any Other Creditor or Creditors shall have any
Share of the Prisoners Effects & if the s^d Prisoners Effects shall
not be Sufficient To pay & Satisfie to the Sherriff his Imprisonment
fees that then Each respective Prisoner shall After his Releasem^t
Out of Prison be liable to Pay & Satisfie to the Sherriff the Residue
of his Imprisonm^t fees Provided that the s^d Sherriff shall not
Prosecute or Imprison Such Prisoners within two years after his
releasm^t any thing in this Act to the Contrary notwithstanding
Saving to his most Sacred Majesty his heirs & Successors the right
Honourable the Lord Proprietary his heirs & Successors & all
bodies Politick & Corporate & all Others not mentioned in this Act
their Severall & Respective Rights.

p. 76