Acts. 71

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 Demurrer the Defendant
Shall have and recover Double Costs.

Liber H. S.
No. 1
[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 an Action of
escape against any Sheriff who hath permitted any escape before
the making 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 aforesaid
be Convict of Wilfull and corrupt perjury thereupon or of a Wilful
breach or Non Compliance 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 Damages Whatsoever in the same
manner as if this Act had never been made any thing to the Con-
trary 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
fees to be
first paid]

And be it further Enacted That after Public Notice given by
Advertizements sett 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 sett up and expose such Estates to
Sale by way of Public Venduc 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

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

and the Lien Arising therefrom and that the residue of the Estate

p. 599