1808: 48 George 3 c.123: An Act for the Discharge of Debtors in Execution for Small Debts, from Imprisonment in certain Cases.

[30th June 1808.]

‘WHEREAS it might tend greatly to the Relief of certain Debtors in Execution for Small Debts, and at the same Time occasion no material Prejudice to Trade and publick Credit if such Debtors should, after a limited Period of Imprisonment, be allowed the Benefit of a Discharge therefrom, the Creditors at whose Suit they were so in Execution being at the same Time authorised to take out other Writs of Execution against the Land and Goods of such Debtors, or to use other Remedy for the Satisfaction of their Debts, as if the Persons of such Debtors had never been taken in Execution;’ be it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[Persons having lain in Prison for a Year in Execution on Judgment of any Court, whether of Record or not, for any Debt or Damages not exceeding 20l. (exclusive of Costs), shall be discharged, on Application to the Courts at Westminster in Term Time.]

That from and after the passing of this Act, all Persons in Execution upon any Judgment in whatsoever Court the same may have been obtained, and whether such Court be or be not a Court of Record, for any Debt or Damages not exceeding the Sum of Twenty Pounds, exclusive of the Costs recovered by such Judgment, and who shall have lain in Prison thereupon for the Space of Twelve successive Calendar Months next before the Time of their Application to be discharged as herein-after mentioned, shall and may, upon his, her, or their Application for that Purpose in Term-time made to some One of His Majesty’s superior Courts of Record at Westminster, to the Satisfaction of such Court, be forth with discharged out of Custody, as to such Execution by the Rule or Order of such Court: Provided always, that in the Case of any such Application being made to be discharged out of Execution upon a Judgment obtained in any of His Majesty’s superior Courts of Record at Westminster, such Application shall be made to such One of those Courts only, wherein such Judgment shall have been obtained, and that whether the Person so in Execution shall then be actually detained in the Gaol or Prison of the same Court, or shall then stand committed on Habeas Corpus to the Gaol or Prison of another Court:

[Persons fraudulently obtaining Discharge may be re-taken in Execution, &c.]

Provided always, that if it shall happen that any such Discharge shall have been unduly, or fraudulently obtained upon any false Allegation of Circumstances, which if true might have entitled the Prisoner to be discharged by virtue of this Act, such Prisoner shall, upon the same being made appear to the Satisfaction of the Court by whose Rule or Order the said Prisoner had been so discharged, be liable to be again taken in Execution and remanded to his former Custody by the Rule or Order of the same Court:

[Such Discharge no Escape.]

Provided also, that no Sheriff, Gaoler, or other Person whatsoever shall be liable as for the Escape of any such Prisoner in respect of his Enlargement during such Time as he shall have been at large, by means of such his undue Discharge as aforesaid:

[Estate of the Debtors so discharged shall remain liable.]

Provided always, that for and notwithstanding the Discharge of any Debtor or Debtors by virtue of this Act, the Judgment whereupon any such Debtor or Debtors was or were taken or charged in Execution, shall nevertheless continue and remain in full Force to all Intents and Purposes, except as to the taking in Execution the Person or Persons of Such Debtor or Debtors thereupon, as is herein after provided: And that it shall and may be lawful for the Creditor or Creditors, at whose Suit such Debtor or Debtors had been, was, or were so taken or charged in Execution, to take out all such Execution or Executions on every such Judgment against the Lands, Tenements, Hereditaments, Goods, and Chattels of any such Debtor or Debtors

[Except Necessaries.]

(other than and except the necessary Wearing Apparel and Bedding of and for him, her, or them, and for his, her, or their Family, and the necessary Tools for his, her, or their Trade or Occupation, not exceeding the Value of Ten Pounds in the Whole); or to bring any such Action or Actions on any such Judgment against such Debtor or Debtors respectively, or to bring any such Action or use any such Remedy for the Recovery and Satisfaction of his, her, or their Demand, against any other Person or Persons liable to satisfy the same, in such and the same Manner, but in such and the same Manner only as such Creditor or Creditors otherwise could or might have done in case such Debtor or Debtors had never been taken or charged in Execution upon such Judgment:

[But such Debtors shall not be arrested in any Action on such Judgment, &c.]

Provided always, that no Debtor or Debtors who shall be duly discharged in pursuance of this Act, shall at any Time afterwards be taken or charged in Execution upon any Judgment herein so as before declared to continue and remain in full Force, nor be arrested in any Action to be brought on any such Judgment, and that no Proceeding whatsoever by Scire Facias, Action, or otherwise, shall be maintained or had against the Bail in any Action upon the Judgment, wherein the Defendant or Defendants shall have been charged in Execution, and afterwards discharged by virtue of the Provisions of this Act.

[Act not extended to Ireland or Scotland.]

II. And be it further enacted by the Authority aforesaid, That this Act shall not extend or be construed to extend to those Parts of the United Kingdom of Great Britain and Ireland, which are commonly called Ireland and Scotland.

Source: Statutes of the United Kingdom, 1808.