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Acts. 2I I
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Hall, Daniel Wells, Benjamin Berry, Thomas Reynolds, and Edward
Dogan, or either of them (except as before excepted), for the Sat-
isfaction of his, her, or their Debt, or Debts, in such Sort, Manner
and Form, as he, she or they, might have done, if the said Thomas
Lambden, Nathan Brittingham, Thomas Todd, Jasper Hall, Daniel
Wells, Benjamin Berry, Thomas Reynolds, and Edward Dogan, or
either of them, had never been taken in Execution, or discharged
by Virtue of this Act.
And be it further Enacted, by the Authority aforesaid, That if any
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Liber H. S.
No. 1
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Action of Escape be brought against any Sheriff aforesaid, or any
Suit or Action be brought against any Justice or Justices, for per-
forming their Office, in Pursuance of this Act, he or they may plead
the General Issue, and give this Act and the special Matter in Evi-
dence; and if the Plaintiff be Nonsuit, or discontinne his or her
Action, or Verdict pass against such Plaintiff, or Judgment upon
Demurrer, the Defendant shall have and recover double Cost.
Provided, That nothing in this Act shall extend, or be construed
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[Action of
Escape.]
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to extend, to bar any Creditor or Creditors of the beforementioned
Prisoners, or either of them, from having or 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 Thomas Lambden,
Nathan Brittingham, Thomas Todd, Jasper Hall, Daniel Wells, Ben-
jamin Berry, Thomas Reynolds, and Edward Dogan, or either of
them, shall, at any Time after the making such their Oath or Oaths,
or taking such Affirmation as aforesaid, be convict of wilful and
corrupt Perjury thereupon, or of a wilful Breach or Non-compliance
with the Tenor of such Oath, or Affirmation, as aforesaid, that then
the said Thomas Lambden, Nathan Brittingham, Thomas Todd,
Jasper Hall, Daniel Wells, Benjamin Berry, Thomas Reynolds, and
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[If perjur'd,
not to re-
ceive any
Benefit from
this Act.]
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Edward Dogan, or such of them as shall be convicted as aforesaid,
shall, upon such Conviction, be adjudged to stand two Hours in the
Pillory, and have his left Ear cut off, and shall be wholly deprived
of any Benefit designed him or them by this Law, and shall) be from
thenceforth liable to be prosecuted for any Debts or Demands what-
soever, in the same Manner as if this Act had never been made;
any Thing therein contained to the contrary notwithstanding.
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[And to be
pillory'd,
&c.]
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And whereas the said Thomas Lambden now stands committed,
and is detained in the Custody of the Sheriff of Worcester County
aforesaid, on a Capias ad satis faciendum, at the Suit of the Com-
missioners, or Trustees, for emitting Bills of Credit established by
Act of Assembly: Be it therefore Enacted, That out of the Estate
real and personal of the said Thomas Lambden, which he shall
deliver and assign to the Sheriff aforesaid, in Trust, and for the
Use fo his Creditors aforesaid, the Debt and Cost due to the Com-
missioners or Trustees aforesaid, for which he stands committed,
and is detained, in the said Sheriff's Custody, as aforesaid, be first
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p. 198
[Commis-
sioners of
the Loan-
Office to be
first paid.]
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