| 1774.
CHAP.
XXVIII.
Proviso. |
3 HENRY HARFORD, Esq;
III. Provided
always, That before such sheriff shall be obliged 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 receipt of the debt or damages,
then the
sheriff shall make distribution of what shall be recovered and received
to the person
or persons giving him such security, rateably and in proportion to their
respective
demands, saving to such prisoner his or her necessary apparel and utensils
of
trade, not exceeding in the whole the value of five pounds current money,
to be
adjudged and ascertained by the said justices. |
Before any
suit be
brought, notice
to be
given, &c. |
IV. 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 be 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 time of such discharge; and the creditors,
who shall apply and receive 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 as
that the said last mentioned creditors may receive 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 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 lying in prison until 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 exhibited within sixty days after his or
her commitment,
or be charged in execution, or for want of special bail. |
Prisoners to be
set at liberty
after delivering
a schedule
and taking
the oath. |
V. And be it
enacted, That after delivering in such schedule and duplicate,
and taking such oath or affirmation, and transmission as aforesaid, 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 the special
matter in evidence. |
| Proviso. |
VI. Provided
always, That notwithstanding such discharge, it shall be lawful
for any creditor or creditors, at whose suit such insolvent prisoner was
imprisoned,
at any time afterwards to sue out a writ of scire facias, or attachment,
against any lands or tenements, goods or chattels, which such insolvent
person
shall thereafter acquire or be possessed of, by descent, gift, devise,
bequest, or in a
course of distribution on any judgment obtained against such prisoner,
without
previously prosecuting any writ of scire facias, whereby the balance
only remaining
due on such judgment shall be levied. |
To be discharged
from
future arrests,
&c. |
VII. And be
it enacted, That if the said prisoner shall be arrested or imprisoned
on any process sued out on any judgment or decree obtained against him
or
her, for any debt, damages or costs, contracted, owing or growing due,
before his
or her discharge as aforesaid, the court out of which such process issued
shall and
may discharge such prisoner on motion: And if the said prisoner shall
be arrested |
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