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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 149   View pdf image (33K)
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Acts. 149


James Carter, Sarah Butcher, and William Biggs, had not been
taken in Execution or discharged by virtue of this Act.

Session
Laws

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 the performing their
Office in Pursuance of this Act, he may plead the general Issue, and
give this Act, and the Matter in Evidence, and if the Plaintiff be
Non-suit, or discontinue his Action, or Verdict pass against such
Plaintiff or Judgment upon Demurrer, the Defendant shall have
and recover his full Costs.

Justices and
Sheriffs to
plead this
Act in
Actions of
Escape, &c.

Provided also, That nothing in this Act shall extend or be con-
strued to extend to bar 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 of this Act.
Provided nevertheless, That in Case the said Samuel Deavor,
Michael Taylor, William Burros, James Carter, Sarah Butcher and
William Biggs, shall at any time after making such his Oath or

Proviso.

Oaths, or taking such his Affirmation or Affirmations as aforesaid,
be Convict of wilful and corrupt Perjury thereupon, or of a wilful
Breach, or Noncompliance with the tenor of such Oath or Affirma-
tion as aforesaid, that then the said Samuel Deavor, Michael Taylor,
William Burros, James Carter, Sarah Butcher and William Biggs
being Convicted as aforesaid, shall upon such Conviction as afore-
said, be wholly deprived of any Benefit intended to him or them by
this Law, 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 contrary notwithstanding.

Persons
intended to
be reliev'd
by this Act,
if perjur'd,
not to
receive any
benefit
therefrom.

Provided always, That the Sheriffs of Ann-Arundel, Prince
George's, Kent, Caecil, Dorchester and St. Mary's, shall be first satis-
fied their imprisonment Fees, out of the respective Effects of the said
Prisoners, before any other Creditor or Creditors shall have any
share of the Prisoners Effects, and if the said Prisoners Effects shall
not be sufficient to satisfy the Sheriffs their imprisonment Fees, that
then the said Samuel Deavor, Michael Taylor, William Burros,
James Carter, Sarah Butcher, and William Biggs, shall Satisfy and
Pay to the Sheriffs the residue of their imprisonment Fees, provided
that the said Sheriffs shall not Prosecute, Detain or Imprison the
said Samuel Deavor, Michael Taylor, William Burros, James Carter,
Sarah Butcher and William Biggs, within two Years after his or
their Releasement; any thing in this Act to the contrary notwith-
standing.
And be it further Enacted by the Authority aforesaid, That if any
of the Persons intended to be relieved by this Act, are and shall be of

Sheriff's
Fees to be
first paid
out of the
Prisoners
Effects.

sufficient ability of Body to Labour, such Person or Persons, not
having a Wife or Family, shall be and are hereby obliged to Serve

p. 23



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 149   View pdf image (33K)
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