388 Assembly Proceedings, Oct. 2,-Nov. 17, 1753.

Liber H. S.
No. I

Creditors, their Executors, Administrators, and Assigns, to take
out new Execution or Executions against the Lands, Tenements, or
other Hereditaments, Goods and Chattels, of the said John Shubbard
(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 John Shubbard 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 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
discontinue his Action, or Verdict pass against such Plaintiff, or
Judgment upon Demurrer, the Defendant shall have and recover
his full Costs.

[Proviso.]

Provided, That nothing in this Act shall extend, or be construed
to extend, to bar any Creditor or Creditors of the aforesaid John
Shubbard, from having and maintaining any Action of Escape
against any Sheriff, who hath permitted any Escape, before the
making of this Act.

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

Provided nevertheless, That in Case the said John Shubbard shall,
at any Time after making such his Oath or Oaths, as aforesaid,
be convict of wilful and corrupt Perjury thereupon, or of a wilful
Breach or Non-compliance with the Tenor of such Oath, that then
the said John Shubbard, being convict as aforesaid, shall, upon such
Conviction as aforesaid, be wholly deprived of any Benefit intended
to him by this Act, and shall from thenceforth be liable to be prose-
cuted for any Debt or Demand whatsoever, in the same Manner as
if this Act had never been made; any Thing to the contrary not-
withstanding.

[Sheriff's
Fees to be
first paid.]

Provided always, That the Sheriff of Kent County, shall be first
satisfied his Imprisonment Fees, out of the Effects of the said
Prisoner, before any Creditor or Creditors, shall have any share
of the Prisoner's Effects, and if the said Prisoner's Effects shall not
be sufficient to satisfy the Sheriff his Imprisonment Fees, that then
the said John Shubbard shall 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 John Shubbard,
within Three Years after his Releasement; any Thing in this Act

p. 133

contained to the contrary notwithstanding.

17^th November 1753
Read and Assented to
by the Lower House of
Assembly
Signed p Order
M Macnemara Cl lo ho.

On behalf of the Right
Hon^ble the Lord Pro-
prietary of this Province
I will this be a Law
Hor.° Sharpe

the great seal in
Wax Appendant

17 Novem.^r 1753
Read and Assented to
by the Upper House of
Assembly
Signed p Order
J. Ross Cl Up Ho.