Acts. 289

or their own Use, or in his or their own proper Right, either in
Law or Equity, (except the wearing Apparel, and Bedding, of him
the said Thomas Barkley, not exceeding the Sum of Ten Pounds
Current Money,) and it shall and may be lawful for any of his
Creditors, their Executors, Administrators and Assigns, to take out
new Execution or Executions against the Lands, Tenements, Heredi-
taments, Goods and Chattels, of the said Thomas Barkley, (except
as before excepted,) for the Satisfaction of his, her, or their Debts,
in such Sort, Manner and Form, as he, she or they, might have
done if the said Thomas Barkley had not been taken in Execution,
or discharged by Virtue of this Act.

. Liber H. S.
No. I

And be it further Enacted, 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 Nonsuit, or discon-
tinue his Action, or Verdict pass against such Plaintiff, or Judg-
ment upon Demurrer, the Defendant shall have and recover his full
Costs.

[Actions of
Escape.]

p. 22

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

[Proviso.]

Provided nevertheless, That in Case the said Thomas Barkley
shall, at any Time after making such his Oath as aforesaid, be
convict of wilful and corrupt Perjury thereupon, or of a wilful
Breach or Noncompliance with the Tenor of such Oath as afore-
said, that then the said Thomas Barkley, being convicted as afore-
said, shall, upon such Conviction as aforesaid, be wholly deprived
of any Benefit intended to him by this Law, and shall, from thence-
forth, be liable to be prosecuted for any Debt or Demands what-
soever, in the same Manner as if this Act had never been made;
any Thing therein contained to the contrary notwithstanding.
Provided always, That if the Sheriff of Kent County shall be

[If perjur'd,
not to re-
ceive any
Benefit from
this Act.]

first satisfied his Imprisonment Fees, out of the Effects of the said
Thomas Barkley, before any Creditor or Creditors shall have any
Share of the said Thomas Barkley's Effects, and if the said Thomas
Barkley's Effects shall not be sufficient to satisfy the Sheriff his
Imprisonment Fees, that then, the said Thomas Barkley shall satisfy
and pay to the Sheriff the Residue of his Imprisonment Fees: Pro-
vided also, That the said Sheriff shall not prosecute, detain or
imprison, the said Thomas Barkley within Three Years after his

[Sheriff's

Fees to he

first paid.]