644 Assembly Proceedings, May 1-June 4, 1744.

Session
Laws

upon shewing a Duplicate of the Discharge of the said Prisoners, or
any of them, being so Arrested, to release and discharge out of Cus-
tody the said Prisoners, or any of them, provided the said Prisoners,
or either of them, being so Arrested, shall and do enter his or their
Appearance, or procure some Attorney to appear to every such Ac-
tion and plead thereto; provided that the Discharge of the said Pris-
oners, or any of them, shall not acquit any other Person from such
Debt, Damage or Cost, or any part thereof, but that all such Persons
shall be answerable for the same in such manner as they were before
the Passing this Act.

Proviso,
p. 40

Provided always, and be it Enacted by the Authority aforesaid,
That notwithstanding the Discharge of the said Prisoners, or any
of them, all and every Debt or Debts, due and owing from him or
them, and all and every Judgment had or Decree obtained, against
him or them, shall stand and be good and effectual in Law, to all In-
tents and Purposes, against the Lands, Tenements and Heredita-
ments, 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 Five Pounds Current Money, ) and
it shall and may be lawful for any of their Creditors, their Executors,
Administrators and Assigns, to take out new Execution or Execu-
tions against the Lands, Tenements, or other Hereditaments, Goods
and Chattels, of the said Prisoners, 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 Prison-
ers, 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 Ac-
tion 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-
ing this Act.