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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 471   View pdf image (33K)
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Acts. 471


Provided always and be it Enacted 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 Chatties
of him her or them or 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 dis-
charge 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 Beding and Working Tools of him or them not exceeding
the sum of ten Pounds Current Money) and it shall and may be
lawfull 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 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 discharged by Virtue of this Act

Liber H. S.
No. 1
[Debts to
stand good
in Case,
&c.]

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 non suit or discontinue his Action or Verdict pass
against such Plaintiff or Judgment upon Demurer the Defendant
shall have and recover double Costs.

[Actions of
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 of this Act.

[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 afore-
said be Convict of willful and corrupt Perjury thereupon or of a
willfull Breach or non-compliance with the Tenor of such Oath or
Affirmation as aforesaid that then the said Prisoner 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

[In case of
Perjury]

manner as if this Act had never been made Any Thing to the Con-
trary notwithstanding
Provided Also that the respective Sherififs of the Counties afore-

[Sheriffs
Fees to be
first paid]



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 471   View pdf image (33K)
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