140 Assembly Proceedings, April 8-May 9, 1757

Liber H. S.
No. i

the Time of the Discharge of the said Prisoners, or any of them, or
which he or they at any Time hereafter shall or may be any Way
seized or possessed of, or interested in, to his or their own Use,
or in his or their own proper Right, either in Law or Equity (except
the Wearing Apparel and Bedding, or Working Tools of him 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 Execu-
tions against the Lands, Tenements, or other Hereditaments, Goods
and Chattels of the said Prisoners, or any of them (except as before
excepted) for the Satisfaction 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

p. 330

discharged by Virtue of this Act.
And be it further Enacted by the Authority aforesaid, That if any
Action of Escape be brought against any Sheriff, or any Suit or

[Actions of
Escape.]

Action against any Justice or Justices, for performing their Duty
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

[Proviso.]

and recover his full Costs. Provided also, That no thing in this Act
shall extend or be construed to extend, to bar any Creditor or Credi-
tors of the beforementioned Prisoners from having and maintaining
any Action of Escape against any Sheriff who hath permitted any
Escape before the making of this Act.
Provided nevertheless, That in Case the said Prisoners, or any

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

of them, shall at any Time after making such his or their Oath or
Oaths, or 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 afore-
said, that then the said Prisoners, or any of them, being convicted as
aforesaid, shall, upon such Conviction as aforesaid, be wholly de-
prived of any Benefit intended to him or them by this Act, and shall
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.
Provided always, That the Sheriffs of Worcester, Anne-Arundel,
Frederick, Queen-Anne's Baltimore, Saint Mary's, and Prince-

[Sheriffs
Fees to be
first paid.]

George's Counties, shall be first satisfied their Imprisonment Fees,
out of the respective Effects of the said Prisoners, before any
Creditor or Creditors shall have any Share of the Prisoners Effects ;
and if the said Prisoners Effects shall not be sufficient to satisfy the
Sheriffs their Imprisonment Fees, that then the said Prisoners, and
every of them, whose Effects shall not be sufficient to pay and satisfy
their Imprisonment Fees as aforesaid, shall satisfy and pay to the