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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 404   View pdf image (33K)
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404 Assembly Proceedings, March 23-April 19, 1774.

Liber R. G.
1774

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 Chatties 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 dis-
charge 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 wear-
ing apparel Bedding and working tooles 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 Administra-
tors or assigns to take out new Execution or Executions without
any Scire facias Previous thereto against the Lands Tenements or
other hereditaments 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

[Actions of
Escape.]

p. 352

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 discontinued 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 constructed
to extend to barr any Creditor or Creditors of the before mentioned
Prisoners from having and Maintaining any Action of Escape against
any sheriff who hath permitted any escape before the making 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 willful and corrupt Perjury thereupon or of a willful
breach or non compliance with the Tenor of such Oath or Affirma-
tion as afforesaid that then the said prisoner shall upon such Convic-
tion as aforesaid be wholly deprived of any benefit intended to him
her or them by this Act and shall ffrom 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 Contrary
notwithstanding

[Sheriff's
Fees to be
First paid.]

Provided also that the respective Sheriffs of the Counties afore-
said shall be first payed and 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



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 404   View pdf image (33K)
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