416 Assembly Proceedings, March 23-April 19, 1774.

Liber R. G.

1774

Action whatsoever of such Prisoner other than for Trespasses on his
Person or for Slander shall be vested in the Sherriff aforesaid and
Such Sheriff is hereby authorized impowered and required to sell
and Convey the said Lands Tenements and Hereditaments for such
Estate use Interest Right or Title as aforesaid and also the said
Goods and Chattels to any Person or persons whatsoever for the
best Price that can be got for the same upon a Public Sale whereof
Notice shall be given by advertisement set up at the Court House
door and other Public Places of the County where such lands Tene-
ments Hereditaments Goods or Chattels shall lye or be found twenty
days at Least before such Sale and the Balance of the Money arising
by such sale after deducting the sum of One Shilling and four
pence Current Money for each day he shall keep such Prisoner in
his Jail and find him or her Victuals and also Seven and an half
Per Cent for his trouble in the sale and Conveyance of the Prisoners

[Judgments,
if any, to
have Pri-
ority, &c.]
p. 366

Estate as a f or said shall apply in Manner following that is to say the
Produce of that Part of the Estate and Interest of the said Prisoner
upon which his or her Creditors by Judgments if any or any Claim-
ing or who shall or may Claim under them who have or shall have
any Lien by Assignment of such Judgment or otherwise shall pay
in or towards Satisfaction of the said Creditors, according to the
order and Priority of their Judgments or their Lien thereon and the
residue of the said Balance shall pay and distribute among all the
Creditors of such Prisoner, who shall apply therefor within thirty
days after the aforesaid Sale in Equal Proportion to thir Demands
early notice of such Design being Previously given by Advertise-
ments set up at the most Publick Places of the County where such
Debtor resides and likewise in the Maryland Gazette and such Sheriff
shall and may maintain an Action as Assignee of such Prisoner in
his own name on and for any such cause of action as aforesaid
Provided that no Judgment hereafter to be rendered against any
Person applying to be discharged as aforesaid nor any Process
thereon shall create any Lien on the lands Goods or Chattels of such
Person whereby the Creditor obtaining such Judgment shall or may
have any Priority in the distribution of the Money arising from the
sale of such Lands Goods or Chattels to be distributed as aforesaid

[Proviso.]

Provided always that before such Sheriff shall be oblidged to Sue
in any such Action the Creditor or Creditors requiring the same shall
give a bond to such Sheriff to Indemnify him against any charge
that may accrue to him by means of any such Suit and in case of
recovery and receit of the debt or Damages then the said Sheriff
shall make distribution of what shall be recovered and received to
the Person or persons giving him such Security rateable and in Pro-
portion to their respective demands saving to such Prisoner his or her
necessary apparel and the utensills of Trade not exceeding in the
whole the Value of five pounds Current Money to be adjudged and
Ascertained by the said Justices