Acts. 533

them, had at the Time of the Discharge of the said Prisoners, or
any of them, or which he, she or they, at any Time hereafter, shall
or may be any Way seized or possessed of, or interested in, to
his, her or their own Use, or in his, her or their own proper Right,
either in Law or Equity, (except the wearing Apparel and Bedding,
or working Tools, of him, her 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 Executions, against the Lands, Tene-
ments, or other Hereditaments, Goods, and Chattels of the said
Prisoners, or any of them (except as before excepted), for the Satis-
faction of his, her, or their Debts, in such Sort, Manner, and Form,
as he or they might have done if the said Prisoners, or any of them,
had not been taken in Execution, or discharged, by Virtue of this Act.
And be it further Enacted, by the Authority aforesaid, That if any

Liber H. S.
No. 1
p. 268

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 or they 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.
Provided also, That nothing in this Act shall extend, or be con-

[Actions of
Escape.]

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.
Provided nevertheless, That in Case the said Prisoners, or any of

[Proviso.]

them, shall, at any Time after making such his or her Oath, or
Oaths, or taking such his or her Affirmation, or Affirmations, 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 Prisoners, or any of

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

them, being convicted as aforesaid, shall, upon such Conviction as
aforesaid, be wholly deprived of any Benefit intended to him, her,
or them, 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.

p. 269

Provided always, That the Sheriffs of Caecil, Kent, Queen-Anne's,
Talbot, Dorchester, Somerset, Baltimore, Anne-Arundel, Frederick,
Prince-George's, and Calvert Counties, shall be first satisfied their
Imprisonment Fees, out of the respective Effects of the said Pris-
oners, before any Creditor or Creditors shall have any Sliare of the
Prisoners Effects, and if the said Prisoners Effects shall not be

[Sheriffs
Fees to be
first paid.]