{"id":3098,"date":"2026-03-22T16:29:05","date_gmt":"2026-03-22T16:29:05","guid":{"rendered":"https:\/\/alsatia.org.uk\/site\/?page_id=3098"},"modified":"2026-03-22T16:29:05","modified_gmt":"2026-03-22T16:29:05","slug":"1801-41-george-3-c-64-relief-of-imprisoned-debtors","status":"publish","type":"page","link":"https:\/\/alsatia.org.uk\/site\/statutes\/1801-41-george-3-c-64-relief-of-imprisoned-debtors\/","title":{"rendered":"1801: 41 George 3 c.64: Relief of imprisoned debtors"},"content":{"rendered":"\n

1801: 41 George 3 c.64: An act for the further relief of debtors, with respect to the imprisonment of their persons.<\/strong><\/p>\n\n\n\n

[June 23, 1801.]<\/p>\n\n\n\n

[Preamble.]<\/p>\n\n\n\n

WHEREAS it might tend to the discharge from imprisonment of many prisoners in execution for debt, if their creditors were enabled to discharge such debtors without losing the whole benefit of the judgements obtained against such debtors; 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,<\/p>\n\n\n\n

[Any creditor, at whose suit a debtor is charged in execution, may consent to his discharge, without losing the benefit of the judgement upon which the execution issued, except as herein provided.]<\/p>\n\n\n\n

That, from and after the passing of this act, it shall be lawful for any creditor or creditors, at whose suit any debtor or debtors is or are or shall be in prison, and taken or charged in execution for any sum of money, by writing signed by such creditor or creditors, or by one of them, for and on the behalf of himself or herself, and the others of them, (being complainants in the same action), to signify or declare his, her, or their consent to the discharge of such debtor or debtors from the gaol or prison in which he, she, or they is or are or shall be confined in execution at the suit of such creditor or creditors, without losing the benefit of the judgement upon which the execution against such debtor or debtors issued, except as herein-after provided; and that for and notwithstanding the discharge of any debtor or debtors in pursuance of such consent as aforesaid, the judgement upon which such debtor or debtors was or were taken or charged in execution, shall continue and remain in full force to all intents and purposes except as herein-after provided; and it shall be lawful for such creditor or creditors at any time to take out execution on every such judgement against the lands, tenements, hereditaments, goods, and chattels of such debtor or debtors, or any of them, (other than and except the necessary apparel and bedding of him, her, or them, or 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 action or actions on every such judgement, or to bring any action or use any remedy for the recovery of his or their demand, against any other person or persons liable to satisfy the same, in such and the same manner as such creditor or creditors could or might have had or done in case such debtor or debtors had never been taken or charged in execution upon such judgement: provided always, That no debtor or debtors, who shall be discharged in pursuance of this act, shall at any time afterwards be taken or charged in execution, or arrested upon any judgement herein-before declared to continue and remain in full force, or in any action which may be brought in any such judgement, and that no proceedings by scire facias, action, or otherwise, shall be had against any bail in the action in which such judgement was obtained.<\/p>\n\n\n\n

[Executors may consent to the discharge of debtors, as the creditors, if living, could do.]<\/p>\n\n\n\n

II. And be it further enacted by the authority aforesaid, That the executors and administrators of any such creditor as aforesaid shall and may consent to the discharge of any debtor or debtors to their testator or intestate, in such and the same manner, and with the same advantages and consequences, in all respects, as such creditor, if living, might or could have done in pursuance of this act; and such executors or administrators respectively shall not, by reason of any such discharge in pursuance of this act, be deemed guilty of a devastavit, or chargeable with the debt due from the person or persons so discharged.<\/p>\n\n\n\n

[Sheriffs, &c. within 24 hours after the consent of a creditor is produced, shall discharge the debtor, if detained only at his suit.]<\/p>\n\n\n\n

III. And be it further enacted by the authority aforesaid, That every sheriff, gaoler, or keeper, in whose prison, gaol orcustody any debtor or debtors is or are or shall be confined or detained in execution, shall, and every of them is hereby required, within twenty-four hours next after such consent in writing of any creditor or creditors as herein-before mentioned shall have been produced to and left with such sheriff, gaoler, or keeper, or his deputy or agent at such prison or gaol, (the hand writing or mark of such creditor or creditors to such consent in writing being duly proved by an affidavit of some credible person, to be thereto annexed, and to be sworn before one of the judges of the court out of which the execution against such debtor or debtors issued, or a commissioner duly authorised to take affidavits in such court), to discharge and set at liberty the debtor or debtors to whose discharge such consent shall be signified or declared as aforesaid, if he, she, or they shall be kept or detained in custody only upon the execution issued at the suit of the creditor or creditors signifying or declaring such consent.<\/p>\n\n\n\n

[Act not to extend to Scotland.]<\/p>\n\n\n\n

IV. And be it further enacted by the authority aforesaid, That this act shall not extend, or be construed to extend, to that part of Great Britain called Scotland.<\/p>\n\n\n\n

[Continuance of act.]<\/p>\n\n\n\n

V. And be it further enacted, That this act shall continue and be in force for three years, and from thence to the end of the then next session of parliament, and no longer.<\/p>\n\n\n\n

Source: Pickering, Statutes at Large, volume 43<\/a>.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

1801: 41 George 3 c.64: An act for the further relief of debtors, with respect to the imprisonment of their persons. [June 23, 1801.] [Preamble.] WHEREAS it might tend to the discharge from imprisonment of many prisoners in execution for debt, if their creditors were enabled to discharge such debtors without losing the whole benefit […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":453,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-3098","page","type-page","status-publish","hentry"],"jetpack_shortlink":"https:\/\/wp.me\/P2R9Se-NY","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/pages\/3098","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/comments?post=3098"}],"version-history":[{"count":1,"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/pages\/3098\/revisions"}],"predecessor-version":[{"id":3099,"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/pages\/3098\/revisions\/3099"}],"up":[{"embeddable":true,"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/pages\/453"}],"wp:attachment":[{"href":"https:\/\/alsatia.org.uk\/site\/wp-json\/wp\/v2\/media?parent=3098"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}