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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 408   View pdf image (33K)
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408 Assembly Proceedings, June 15-July 3, 1773.

Liber R. G.
1773

Provided always and be it Enacted That notwithstanding the
Discharge 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

[Debts to
stand good
in Case, &c.]

Judgment 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 way seized or pos-
sessed of or interested 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 Ad-
ministrators or Assigns to take out New Execution or Executions
without any scire facias previous thereto against the Lands Tene-
ments and other Hereditaments Goods and Chattels of the said Pris-
oners 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

[Action of
Escape.]

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 him or Judgment upon Demurrer be rendered against him
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 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 Demands whatsoever in the same
manner as if this Act had never been made any Thing to the con-

p. 186
[Sheriff's
Fees to be
first paid.]

trary notwithstanding
Provided also That the respective Sheriffs of the Counties afore-
said shall be first paid and satisfied for their Imprisonment Fees,



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 408   View pdf image (33K)
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