1778-07-08 (static/transcriptions/1778/07/010.jpg)

1778. 3 Term. [Wednesday] July 8th.

in substance, the Reasons given as Causes of Demurrer on the Record, with this addition, that this action was an Action founded on a Specialty of the highest nature that is a Record, the Statute of Rd. 2. Ch. 12; in the first year [Cay’s Edition, Vol 1: 350 A. D. 1377: 1st R. 2. C. 12.] and therefore is not within the Statute of Limitations of 21. Ja. 1st ch. 16 because that, by the express words of it extends only to actions of Debt on lending or contract without specialty. Mr. Tilghman said there were cases which supported this assertion that this was an action founded on a Specialty being on the Statute, but he did not cite any of them but mention’d the Case in 1st Sid: 305 Jones v Pope which fully maintain’d the Point that an Action of Debt against the Sheriff for an Escape is not within the Statute of Limitations.
Note. The Statute in the express words of it, extends only to the Warden of the Fleet and not to Sheriffs, but I suppose it has been extended by construction to all Sheriffs. I take it also to be construction that the Debt shall be the amount of the Judgment, against the Prisoner, for that is
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