162 Assembly Proceedings, November 17-December 20, 1769.

Liber R. G.
1769
[Action of
Escape.]

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 —

[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 men-
tioned Prisoners from having and Maintaining any Action of Escape
against any Sheriff who hath permitted any Escape before the mak-
ing 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 wilful 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 wholy 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 —

[Sheriff's
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 ffees be-
fore 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 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 Publick
Vendue in the presence of one Justice of the peace and the produce
arising by such Sale shall be by the said Sheriff in Manner following
paid and Satisfied. That is to say after satisfaction of the aforesaid
Imprisonment ffees 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 other-
wise have or shall have any Lien, or the Produce thereof shall be in

p. 40

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 respec-