Acts. 281

Provided also that nothing in this Act shall extend or be construed
to extend to bar any Creditor or Creditors of the before mentioned
Prisoners from having and Maintaining any Action of Escape against
any Sheriff who hath permitted any Escape before the making
this Act

Liber H. S.
No. 1
[Proviso, as
to Escape]

Provided nevertheless that in Case any of the said Prisoners shall
at any Time after making such Oath or affirmation as aforesaid be
convict of Wilfull and corrupt Perjury thereupon or of a Wilful
Breach or noncompliance with the Tenor of Such Oath or affirma-
tion as aforesaid that then the said Prisoner shall upon such con-
viction 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

[In case of
Perjury]

Provided also that the respective Sheriffs of the Counties afore-
said shall be first paid and Satisfied their Imprisonment Fees before
any Creditor or Creditors shall have or receive any Share or part
of the Estates of the said Prisoners respectively or of the produce
thereof

[Sheriffs to
be first paid]

And be it further enacted That after publick notice given by
Advertisements Set up at the Court House Door of the County
thirty days at the least of the Sale of any of the said Prisoner's Lands
and five days at the least of the Sale of any of the said Prisoners
other Estate the said Sheriffs to whom any of the said Estates Real
or Personal shall be Surrendered and delivered up in Pursuance of
this Act Shall set up and expose such Estates to Sale by Way of
Publick Vendue in the presence of one Justice of the Peace and the
produce arising by such Sale shall be by the said Sheriffs in manner
following paid and Satisfied (that is to Say) after Satisfaction of
the aforesaid Imprisonment Fees that the Estate and Interest of the
aforesaid Prisoners respectively upon which their Judgment Creditors
or any claiming or that shall claim under them by Assignment or
otherwise have or shall have any Lien or the Produce thereof shall
be in the first place after Satisfaction of the Sheriffs as aforesaid
applied to the discharge of the said Creditors according to the order
and priority of their Judgments and the Lien arising therefrom
and that the Residue of the Estate and Interest of the said Prisoners
respectively or the Produce thereof shall be distributed among all
their Creditors that Shall apply therefore within thirty days after
the aforesaid Sale in equal Proportion to their demands

[Notice to
be given of
the Sale of
the Prison-
er's Estates,
&c]

And be it further Enacted that all the Accounts Bonds Notes and
other demands which any of the said Prisoners have against any
Person or Persons whatsoever shall be by the said Prisoner or
prisoners assigned to the Sheriff in whose Custody such Prisoner or
Prisoners shall be at the time of their discharge and that such Sheriff
or Sheriffs shall and may Maintain an Action or Actions on such

[Bonds, &c
belonging to
the Prisoners
to be as-
signed to the
Sheriff]
p. 549