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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 424   View pdf image (33K)
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424 Assembly Proceedings, Sept. 21-Oct. 29, 1742.

Session

Laws

Debts to
stand good
in case, &c.

and all and every Judgment had or Decree obtained, against him or
them, shall stand and be good and effectual in Law, to all Intents anil
Purposes, against the Lands, Tenements and Hereditaments, Goods
and Chattels of him or them, and which he or they, or any other
Person in Trust for the use of him or them, had at the Time of the
Discharge of the said Prisoners, or any of them, or which he or they
at any Time hereafter shall or may be any way Seised or Possessed
of, or Interested in, to his or their own use, or in his or their own
proper Right, either in Law or Equity, (except the wearing Apparel
and Bedding, or Working Tools of him or them, not exceeding the
Sum of Ten Pounds Current Money,) and it shall and may be lawful
for any of their Creditors, their Executors, Administrators and As-
signs, to take out new Execution or Executions against the Lands,
Tenements, or other Hereditaments, Goods and Chattels, of the said
Prisoners, or any of them, (except as before excepted) for the Satis-
faction of his or their Debts, in such sort, manner and form, as he or
they might have done if the said Prisoners, or any of them, had not
been taken in Execution or Discharged by virtue of this Act.

Actions of
Escape.

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 or they 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 men-
tioned Prisoners, from having and maintaining any Action of Escape
against any Sheriff, who hath permitted any Escape before the mak-

p. 38

ing this Act.
Provided nevertheless, That in case the said Prisoners, or any of

Persons
intended
to be reliev'd
by this Act,
if perjur'd
not to re-
ceive any
benefit
therefrom.

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 Affirmation as afore-
said, that then the said Prisoners, or any of them, being Convicted
as aforesaid, shall upon such Conviction as aforesaid, be wholly de-
prived of any Benefit intended to him, her or them by this Law, and
shall from thenceforth be liable to be prosecuted for any Debt or
Demands whatsoever, in the same manner as if this Act had never
been made; any thing to the contrary notwithstanding.
Provided always, That the Sheriffs of Anne-Arundel, Prince

Sheriff's
Fees to be
first paid.

George's, Calvert, Talbot, Charles, Queen-Anne's, Somerset,
St. Mary's, and Caecil, Counties, shall be first satisfied their Imprison-
ment Fees, out of the respective Effects of the said Prisoners, before



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 424   View pdf image (33K)
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