260 Assembly Proceedings, May 26-June 22, 1741.

Session
Laws

or Executions against the Lands, Tenements, or other Heredita-
ments, Goods and Chattels, of the said Nicholas Hammond, Peter
Topping, Edward Cooley, Henry Templeman, William Bafoot, Anne
Rind, Mary Penn, Joseph Macclester, and Patrick Mac Vay, or any
of them, (except as before excepted) for the Satisfaction of his or
their Debts, in such sort, manner and form, as he or they might have
done if the said Nicholas Hammond, Peter Topping, Edward Cooley,
Henry Templeman, William Bafoot, Anne Rind, Mary Penn,

p. 10

Joseph Macclester, and Patrick Mac Vay, or any of them, had not
been taken in Execution or Discharged by virtue of this Act.

Justices and
Sheriffs to
plead this
Act in
Actions of
Escape, &c.

And be it further Enacted by the Authority aforesaid, That if any
Action of Escape be brought against any Sheriff, or any Suit or
Action against any Justice or Justices, for the performing their Office
in Pursuance of this Act, he may Plead the General Issue, and give
this Act and the Matter in Evidence, and if the Plaintiff be Non-suit,
or discontinue his Action, or Verdict pass against such Plaintiff, or
Judgment upon Demurrer, the Defendant shall have and recover
his full Costs.

Proviso.

Provided also, That nothing in this Act shall extend or be con-
strued to extend to bar any Creditor or Creditors of the before
mentioned Prisoners, from having and maintaining any Action of
Escape against any Sheriff, who hath permitted any Escape before
the making of this Act.

Persons in-
tended to be
reliev'd by
this Act, if
perjur'd, not
to receive
any benefit
therefrom.

Provided nevertheless, That in Case the said Nicholas Hammond,
Peter Topping, Edward Cooley, Henry Templeman, William Bafoot,
Anne Rind, Mary Penn, Joseph Macclester, and Patrick Mac Vay,
or any of them, shall at any time after making such his Oath or
Oaths, or taking such his Affirmation or Affirmations, as aforesaid,
be Convict of wilful and corrupt Perjury thereupon, or of a wilful
Breach or Noncompliance with the tenor of such Oath or Affirma-
tion as aforesaid, that then the said Nicholas Hammond, Peter Top-
ping, Edward Cooley, Henry Templeman, William Bafoot, Anne
Rind, Mary Penn, Joseph Macclester, and Patrick Mac Vay, or any
of them, being Convicted as aforesaid, shall upon such Conviction
as aforesaid, be wholly deprived of any Benefit intended to him or
them by this Law, and shall from thenceforth be liable to be prose-
cuted for any Debt or Demands whatsoever, in the same manner as
if this Act had never been made; any thing to the contrary notwith-
standing.

Sheriff's
Fees to be
first paid
out of the

Prisoners
Effects.

Provided always, That the Sheriffs of Anne-Arundel, Somerset,
and Caecil, Counties, shall be first satisfied their Imprisonment Fees,
out of the respective Effects of the said Prisoners, before any Cred-
itor or Creditors shall have any share of the Prisoners Effects, and
if the said Prisoner's Effects shall not be sufficient to satisfy the
Sheriffs their Imprisonment Fees, that then the said Nicholas Ham-
mond, Peter Topping, Edward Cooley, Henry Templeman, William