case Feltham against Cudworth easter term will roll statute of composition of  twothirds plead SC salk SC comy Rep SC ld ray to know facias by a  administrator to revive a judgement have by the intestate against the  defendant who plead the statute of composition will c repeal by will c a of  twothirds in number and value modern of the creditor and a composition for  payment of two shilling in the pound ita quod he pay it within five year after  he shall be discharge out of prison modern er p the whole question on a  demurrer be whether the defendant ought to aver that he have be in gaol it be  urge by the plaintiff that be ought and that the plea be ill for want of it  for the intent of the statute be that there shall be a absolute positive  composition either to take less than the debt or to give a long day of payment  but not to discharge the whole debt of the creditor by the composition of  twothirds which will be the case here if the defendant have never be in gaol  for the two shilling in the pound be not Payable until five year after the  defendant come out of gaol and that may be never if he have not be then in  gaol and then the composition may be that defendant shall never pay to which  it be answer that it be in the power of the twothirds of the creditor c to  make a composition general that a contingent composition be a composition  within their power beside it be say that the matter subsequent to the ita quod  do not depend upon it as upon a condition precedent but that the ita quod be  only a limitation as a grant of a rend provide it do not touch his person or a  grant without impeachment of waste ita quod be do not commit voluntary waste  the court at another day hold it no good composition because it be such as  perhaps the defendant will never be bind to perform and the ita quod make it a  condition precedent that the defendant shall be discharge out of gaol and the  statute intend a final absolute agreement whereby the creditor be bind to  receive so much or to give such time and if the defendant do not perform such  composition the former debt be thereby revive suppose I covenant with I S to  convey he such land ita quod he pay I five hundred pound by such a day and be  do not pay the money by the day I be not bind to make over to he the estate  for where a ita quod be annex to a agreement for a thing not execute it  qualify the matter before and be the same thing as if it be put first and the  Act mean there shall be a complete final agreement and not one depend on  uncertainty now non constat that the defendant ever be in prison and therefore  for aught appear the condition precedent never happen nor be likely to happen  and we can intend he be imprison modern and per all men all composition by  virtue of this Act work by way of defeazance which if not perform the original  debt arise judgement for the plaintiff