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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 250   View pdf image (33K)
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250 Assembly Proceedings, November 1-December 6, 1766.

Liber H. S.
No. 1

and Chatties 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 dis-
charged by Virtue of this Act

[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 and Justice or Justices for their performing their duty in pur-
suance 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.

[Proviso, as
to Escape]

Provided also that nothing in this Act shall Extend or be Con-
strued 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

[In case of
Perjury]

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 Willfull and Corrupt Perjury thereupon or of a Willfull
Breach or Non Compliance with the Tenor of such Oath or Affirma-

p. 643

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 Con-
trary Notwithstanding

[Sheriffs
Fees to be
first paid]

Provided also that the respective Sheriffs of the Counties afore-
said shall be first paid and Satisfied for 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

[Notice to
be given of
the Sale of
the Prisoners
Estates &c]

And be it Further Enacted that after Public 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 Prisoners 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 Public
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 afore-
said imprisonment Fees

That the Estate and Interest of the aforesaid Prisoners respec-



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 250   View pdf image (33K)
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