Acts. 275

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 R. G.
1771

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 & give this Act & the special Matter in Evidence & if the
Plaintiff be Non-suit or discontinue his Action, or Verdict pass
against such Plaintiff or Judgment upon Demurrer the Defendant
shall have & 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 & maintaining any 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 Wilful & corrupt Perjury thereupon or of a Wilful
Breach on 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 & shall from thenceforth be liable to

[In Case of
Perjury.]

be prosecuted for any Debt or Demands whatsoever in the same
Manner as if this Act had never been made, any Thing to the
Contrary notwithstanding.

p. 141

Provided also that the respective Sheriffs of the Counties afore-
said shall be first paid & satisfied for 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 Publick Notice given by
Advertisements set up at the Court House Door of the County, thirty
Days at the least of the Sale of any of the said Prisoners Lands &
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 & delivered up in Pursuance of this
Act shall set up and expose such Estates to Sale by Way of public
Vendue in the Presence of one Justice of the Peace, and the Produce
arising by such Sale shall be by the said Sheriffs in Manner follow-
ing paid and satisfied that is to say, after Satisfaction of the afore-
said Imprisonment Fees, that the Estate and Interest of the afore-
said Prisoners, respectively upon which their Judgment Creditors
or on any claiming, or that shall claim under them by Assignment
or otherwise have or shall have any Lien, or the Produce thereof,

[Notice to
be given of
the Sale of
the Prison-
ers Estates,
etc.]