Acts. 447

shall and may discharge such Prisoner on Motion And if the said
Prisoners or any of them shall be arrested or imprisoned on any
process for the Recovery of any Debt Damages or Costs contracted
owing or growing due before the end of this Session of Assembly
the Court or Justice before whom such Process shall be returned
shall and May discharge the Party arrested out of Custody on his or
her Common appearance being entered without any Special Bail
Provided that the discharge of the said Prisoners or any of them
shall not acquit any other person from such Debt Damages or Cost
or any part thereof but that all such persons shall be answerable
for the same in such manner as they were before the Passing
this Act —

Liber R. G.
1770
p. 05

Provided always and be it Enacted that Notwithstanding the dis-
charge 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 Judg-
ment 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 Chattels of him
her or them and 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 Discharge of the
said Prisoners or any of them or which he she or they at any time
hereafter shall or may be any ways seized or Possessed of or in-
terested 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
Bedding and Working Tools of him her or them not exceeding the
sum of Ten Pounds Current Money) And it shall and may be Lawful
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 Heredita-
ments Goods and Chattels 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

[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 Plantiff
be Nonsuit or Discontinue his Action or Verdict pass against such
Plantiff 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 men-
tioned Prisoners from having and maintaining any Action of Escape

[Proviso, as
to Escape.]

against any Sheriff who hath Permitted any Escape before the mak-
ing this Act

p. 96