# Compositions by Debtors Act 1696, Section IV: If Debtor, with whom Composition made, be in Prison, or afterwards arrested and detained.


Lord Chancellor, Master of the Rolls, &c. may summon the Parties and make Enquiry as herein mentioned, and order for Discharge of Prisoner; Schedule produced on Oath, of Debts owing by Debtor, &c; Keeper of Gaol not discharging Prisoner thereupon,; Penalty paid to Debtor.
And be it further enacted by the Authority aforesaid That if any Debtor with whom any Agreement or Composic[i]on shall be made by virtue of this Act shall actually be in Prison or a Prisoner att the time of making thereof or shall afterwards be arrested or taken in Execution and detained in Prison att the Suit or Suits of any one or more of his or her Creditors their Executors Administrators Guardians or Trustees or any other Person or Persons authorized by or claiming under them or any of them contrary to the true Intent & Meaning of such Agreement or Composition then and in every such Case it shall and may be lawfull to and for the Lord Chancellor Lord Keeper Lords Co[m]missioners for the Custody of the Great Seale or Master of the Rolls or any of the Judges of the Kings Bench or Co[m]mon Pleas or Barons of the Exchequer for the time being (who are hereby severally required upon Motion or Petition att the Election of such Debtor) to su[m]mon the Person or Persons att whose Suit or Suits hee or she is detained and also the Keeper of the Goal to bring such Debtor before him them or any of them and upon such Debtors produceing his or her Agreement or Composition with a Schedule annext of all the Debts owing by him or her upon Oath to the best of his or her Knowledge whereby the Two third Parts or more in Number and Value intended by this Act may appeare and that hee or she is in Prison or a Prisoner for no other Cause then for such Debt or Debts as was by him or her owing att the time of the aforesaid Agreement or Composition the said Lord Chancellor Lord Keeper Lords Co[m]missioners for the Custody of the Greate Seale or Master of the Rolls or any of the Judges of the Kings Bench or Comon-Pleas or Barons of the Exchequer for the time being shall thereupon (in the Presence of such Person or Persons att whose Suit or Suits any such Debtor shall be so detained or arrested in case such Person or Persons shall then appeare or in his her or their Absence in case hee she or they being lawfully su[m]moned and Oath thereof duely made shall neglect or refuse to appeare) make an Order for the Discharge of such Debtor out of Custody or Prison and for the Person or Persons att whose Suit or Suits hee or she is detained or arrested to pay the Costs & Charges occasioned by such detaining or Arrest And in case the Keeper of the Goal shall neglect or refuse to attend upon such Su[m]mons or shall not forthwith obey such Order and discharge the Prisoner hee shall forfeit for every Day hee shall so neglect or refuse to attend upon such Summons or obey such Order the Su[m]m of Five Pounds to be paid to the Debtor so ordered to be discharged.

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Source: https://www.legislation.gov.uk/aep/Will3/8-9/18/section/IV (the official version)
Page: https://openlegislation.uk/compositions-by-debtors-act-1696/section-IV
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.