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Acts. 385
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other Hereditaments, Goods and Chattels, of the said Daniel Hull,
(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 Daniel Hull had not been taken in Execution, or
discharged by Virtue of this Act.
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Liber H. S.
No. I
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And be it further Enacted, by the Authority aforesaid, That if
any Action of Escape be brought against the 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 special Matter, in Evidence, and if
the Plaintiff be Nonsuit, or discontinue his Action, or Verdict pass
against such Plaintiff, or Judgment upon Demurrer, the Defendant
shall have and recover his full Costs.
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[Actions of
Escape,]
p. 129
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Provided also, That nothing in this Act shall extend, or be con-
strued to extend, to bar any Creditor or Creditors of the aforesaid
Daniel Hull, from having and maintaining any Action of Escape,
against any Sheriff who hath permitted any Escape before the making
of this Act.
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[Proviso.]
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Provided nevertheless, That in Case the said Daniel Hull shall at
any Time after taking such his Affirmation as aforesaid, be convict
of wilfully and corruptly affirming falsely, or of a wilful Breach or
Noncompliance with the Tenor of such Affirmation as aforesaid, that
then the said Daniel Hull, being convicted as aforesaid, shall, upon
such Conviction as aforesaid, be wholly deprived of any Benefit
intended to be given him by this Act, 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.
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[If perjur'd
not to re-
ceive any
Benefit
from this
Act.]
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Provided always, That the Sheriff of Talbot County shall be first
paid his Imprisonment Fees, out of the Effects of the said Daniel
Hull, before any Creditor or Creditors shall have any Share of his
Effects, and if the Effects of the said Daniel Hull shall not be suffi-
cient to satisfy the Sheriff his Imprisonment Fees, that then, the
said Daniel Hull shall be obliged to satisfy and pay to the Sheriff
the Residue of his Imprisonment Fees: Provided, That the said
Sheriff shall not prosecute, detain or imprison, the said Daniel Hull
within Three Years after his Releasement; any Thing in this Act
contained to the contrary notwithstanding.
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[Sheriff's
Fees to be
first paid.]
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17.th November 1753
Read and Assented to
by the Lower House of
Assembly
Signed p Order
M Macnemara Cl lo ho.
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On behalf of the Right
Honble the Lord Pro-
prietary of this Province
I will this be a Law
Hor.° Sharpe
the great seal in
Wax Appendant
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17 Novem.r 1753
Read and Assented to
by the Upper House of
Assembly
Signed p Order
J. Ross Cl Up Ho.
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