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Insolvent Debtors Relief Act 1678

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XVII.Proviso respecting Persons detained upon Meane Process.

Provided that such person or persons as is or are detained in Prison upon any Meane Processe if it shall be desired by any Creditor before any Justice of the Peace to whome such Prisoner hath applyed for his Discharge shall forthwith give a Warrant to some Attourney to appeare or file Common Baile for him or them in the Court out of which the said Meane Processe issued and to receive a Declaration at the Plaintiffes Suite and that such Prisoner shall thereupon have the full benefit of this Law as to the Liberty of his Person against his said Imprisonment upon the said Meane Processe and against any Judgement or Execution that shall be had against him in that Suite and against any other Suite that shall be brought against him for the same Matter[X1and] cause of Action to all intents and purposes as fully and beneficially as if he had beene charged in Execution at the X2 Plaintiffes Suite before the Nine and twentyeth of May One thousand six hundred seaventy and eight but such Prisoner upon Meane Processe shall in case of his refusall to give such Warrant of Attourney lose the whole benefitt of this Law.

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X1Variant reading of the text noted in The Statutes of the Realm as follows: or O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2Variant reading of the text noted in The Statutes of the Realm as follows: said O. [O. refers to a collection in the library of Trinity College, Cambridge]

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