1761: 2 George 3 c.2: Repeal of compulsion clauses in Relief Act

1761: 2 George 3 c.2: An act to repeal so much of an act passed in first year of the reign of his present Majesty King George the Third, intituled, An act for the relief of Insolvent debtors, as relates to creditors compelling prisoners charged in execution to deliver up their estates, and to such prisoners being thereupon discharged.

WHEREAS an act of parliament was made and passed in the first year of the reign of his present Majesty King George the Third, intituled, An act for relief of insolvent debtors: And whereas by the said act any creditor of any prisoner committed, or who should be committed, and charged in execution, is impowered to compel such prisoner to deliver up his estate and effects in order to his being discharged, in such manner as by the said act is directed: and whereas great inconveniences have arisen from such power being given to creditors as aforesaid; may it therefore please your Majesty that it may be enacted, and be it 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, That from and after the nineteenth day of November, One thousand seven hundred and sixty one, so much of the said recited act, as relates to creditors compelling prisoners charged in execution to deliver up their estates, and to such prisoners being thereupon discharged, shall be, and the same is hereby repealed, to all intents and purposes whatsoever.

II. Provided always, and be it enacted by the authority aforesaid, That this act shall not extend, or be construed to extend, to pardon, indemnify, or discharge, any person who hath incurred, or, before the said nineteenth day of November, one thousand seven hundred and sixty one, shall incur, any penalty or forfeiture, by committing any offence against the said act made and passed in the said first year of his present Majesty’s reign, but that every such offender shall be liable to the forfeitures and penalties incurred, or, before the said nineteenth day of November, one thousand seven hundred and sixty one, to be incurred, under the said act, made and passed in the said first year of his present Majesty’s reign, as if the said act had not been repealed, and had continued, in full force.

Source: Pickering, Statutes At Large, vol. 25.