Acts. 417

Provided also that before any Suit shall be brought by any Sheriff
aforesaid Notice shall be given thereof in the Maryland Gazette for
four weeks Successively in order that all the Creditors of such
Prisoner may have an opportunity if they shall think fit of joining
in the request aforesaid to and indemnification of the said sheriff and
thereby entitled to receive rateably what shall be recovered and the
Time from discharge of such Prisoner as aforesaid 'till such suit
shall be brought shall not be affected by any act for limitation of
actions Provided such suit be commenced within one Year from the

Liber R. G.
1774
[Before any
Suit shall
be brought,
Notice to be
given in the
Maryland
Gazette, &c.]

Time of such discharge and the Creditors who shall apply and re-
ceive any Sum or sums of Money of the Sheriff as aforesaid shall
refund and pay rateably to such other Creditors as shall apply for
the same thereafter the Debt or Debts due from such Prisoner to
him her or them so that the said last mentioned Creditors may re-
ceive and be paid in Equal proportion to his her or their demands and
in Case such Prisoner as aforesaid shall be liable on a future Breach
of a Contract by him or her made or entered into before his or her
discharge the Person or persons who shall be Entitled as a Creditor
or Creditors of such Prisoner under such Breach of Contract shall
have and receive his or her Satisfaction rateably of the Creditors who
shall have received the whole or a proportion of the Debts due to

p. 367

them on such distribution as aforesaid, and to prevent Persons who
may be committed or Charged in Execution or for want of special
Bail from laying in Prison untill they have spent their Substance
wherewith they should Satisfy their Creditors and afterwards taking
the benefit of this Act when they have nothing left to deliver up to
their Creditors no person who shall be so committed or Charged
from and after the Expiration of this present Session of Assembly
shall be allowed or permitted to Exhibit a Petition for the Purpose
aforesaid unless such Petition shall be exhibitted within Sixty days
after his or her Committment or be charged in Execution or for
want of Special Bail

[Persons
prevented
from spend-
ing their
Substance in
Jail.]

And be it enacted that after delivering in Such Schedule and dupli-
cate and taken such Oath or Affirmation and transmission as afore-
said the said Justices attending or two of them shall by their order
in writing Command the Sheriff forthwith to set at Liberty Such
Prisoner which Order shall be sufficient to discharge and indemnify
such Sheriff against any Escape or Action whatsoever which shall or
may be brought or Prosecuted against him by reason thereof and if
any Action shall be Commenced against any Sheriff or Justice for
performing his duty in pursuance of this act he may Plead the
General Issue and give this Act and the Special matter in Evidence

[Prisoners
to be set at
Liberty after
delivering a
Schedule and
taking the
Oath.]

Provided always that notwithstanding such discharge it shall and
may be Law full for any Creditor or Creditors at whose suit such
insolvent Prisoner was Imprisoned at any time afterwards to Sue out
a writ of fieri facias or Attachment against any lands or Tenements

p. 368
[Proviso.]