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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 280   View pdf image
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280 Assembly Proceedings, November 1-December 20, 1765.

Liber H. S.
No. 1

any Judgment or Decree obtained against any of them for any Debt
Damages or Costs contracted, owing or growing due before the End
of this session of Assembly the Court out of which such Process
issued shall and may discharge such Prisoner on Motion And if the
said Prisoner or any of them shall be arrested or imprisoned on any
Process for the Recovery of any Debt Damages or Costs contracted
owing or growing due before the End of this session of Assembly the
Court or Justice before whom such Process shall be returned Shall
and may discharge the Party arrested out of Custody on his or her
common Appearance being entered without any Special Bail Provided
that the discharge of the said Prisoners or any of them shall not
acquit any other person from such Debt Damage or Cost or any
Part thereof but that all such Persons shall be answerable for the
same in Such manner as they were before the passing of this Act

[Debts to
stand good
in Case, &c]

Provided always and be it enacted by the Authority aforesaid that
notwithstanding the discharge of the said Prisoners or any of them
all and every Debt or Debts due and owing from him her or them
and all and every Judgment had or Decree obtained against him her
or them shall stand and be good and effectual in Law to all Intents
and Purposes against the Lands Tenements and Hereditaments
Goods and Chattels of him her or them and which he she or they
or any other Person in Trust for the Use of him her or 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, Bedding and Working Tools of him
her or them not exceeding the sum of ten pounds Current Money)
and it shall and may be Law full for any of their Creditors their
Executors Administrators or Assigns to take out new Execution or
Executions without any scire Facias previous thereto 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 she 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

p. 548
[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 their performing their Duty
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 double Costs



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 280   View pdf image
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