|
Acts. 337
|
|
|
|
all such persons shall be answerable for the same in such manner as
they were before the Passing this Act
|
Liber R. G.
1770
|
|
|
Provided always and be it Enacted that notwithstanding the dis-
charge of the said Thomas Weems all and every debt or debts due
and owing from him and all and every Judgment had or decree
Obtained against him shall stand and be good and effectual in Law
to all intents and purposes against the Lands Tenements and Here-
ditaments Goods and Chattels of him the said Thomas Weems and
which he or any other Person in trust for the use of him the said
Thomas Weems had at the time of the discharge of the said Thomas
Weems or which he at any time hereafter shall or may be any ways
seized or Possessed of or interested in to his own use or in his own
proper Right either in Law or equity (except the Wearing apparel
of him not exceeding the sum of Ten Pounds Current Money) and
it shall and may be Lawful for any of his Creditors their Executors
Administrators or Assigns to take out new Execution or Executions
without any Scire facias Previous thereto against the Lands Tene-
ments or other Hereditaments Goods and Chattels of the said
Thomas Weems (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 Thomas Weems had not been
taken in Execution or discharged by virtue of this Act
|
[Proviso.]
|
|
|
And be it further Enacted by the Authority aforesaid that if any
Action of Escape be brought against the said 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 nonsuit or discontinue his Action or Verdict pass against
such Plaintiff or Judgment upon Demurer the Defendant shall have
and Recover Double Costs Provided also that nothing in this Act
|
[Actions of
Escape
brought
against the
Sheriff or
Justices,
may plead
the general
Issue, &c.]
|
|
|
shall extend or be construed to extend or bar any Creditor or Cred-
itors of the Before mentioned Thomas Weems from having and
maintaining any Action of Escape against any Sheriff who hath
Permitted any Escape before the making this Act
Provided Nevertheless that in case the $aid Thomas Weems shall
at any time after making such Oath as aforesaid be convict of Wilful
and corrupt Pur jury thereupon or of a Wilful Breach or non com-
pliance with the Tenor of such Oath as aforesaid that then the said
Thomas Weems shall upon such Conviction as aforesaid be wholly
deprived of any benefit intended to him 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
anything to the Contrary Notwithstanding
|
[Proviso as
to any
former
Escape, and
also in case
of Perjury.]
p. 74
|
|
|
Provided also that the sheriff of the County aforesaid shall be
first paid and satisfied for his imprisonment ffees before any Creditor
|
[The Sheriff
to be first
paid.]
|
|