Legal Definitions - committitur piece

A committitur piece was a historical legal document used in England before 1869. Its purpose was to formally bring additional civil charges against an individual who was already imprisoned, typically for an unpaid debt. This instrument allowed a creditor to pursue further financial claims against the incarcerated debtor. It was often used by the same plaintiff who had initially caused their imprisonment, or by a different creditor. The practice became obsolete when the Debtors Act of 1869 abolished imprisonment for debt, rendering such an instrument unnecessary.

Here are some examples to illustrate the concept:

• Imagine a merchant, Mr. Davies, who owed money to a fabric supplier, Ms. Eleanor. Ms. Eleanor successfully sued Mr. Davies for the debt, leading to his imprisonment in a debtor's prison. While Mr. Davies was still incarcerated, Ms. Eleanor discovered that he had also failed to pay for a separate, earlier shipment of silk. To pursue this new claim against him while he remained in prison, Ms. Eleanor would have used a committitur piece to formally add this second civil charge.

• Consider a landowner, Lord Ashworth, who had a tenant, Mr. Bell, fall behind on his rent. Lord Ashworth sued Mr. Bell, resulting in Mr. Bell's imprisonment for the unpaid rent. While Mr. Bell was in prison, Lord Ashworth discovered that Mr. Bell had also caused significant damage to the leased property before his incarceration. To initiate a new civil lawsuit for property damage against Mr. Bell, who was already imprisoned for the rent, Lord Ashworth would have issued a committitur piece.

• Suppose a gentleman, Mr. Clarke, borrowed funds from two different individuals: Mr. Evans and Mr. Green. Mr. Evans successfully sued Mr. Clarke for his unpaid loan, leading to Mr. Clarke's imprisonment. While Mr. Clarke was serving his time in debtor's prison, Mr. Green, the second lender, decided to pursue his own claim for the money Mr. Clarke owed him. Instead of waiting for Mr. Clarke's release, Mr. Green could have used a committitur piece to formally bring his civil debt claim against Mr. Clarke while he was still incarcerated.