case Feltham vers Cudworth in b r pasch where a statute authorize a certain  proportion of a man creditor to enter into a composition with he and declare  that such a composition be enter into for the equal benefit of all his  creditor shall bind all a composition to take a certain sum in the pound for  the debt due to such of the creditor as shall sign it be a composition within  the statute for the benefit of all the creditor and all will be entitle to it  Mod SC salk SC I Lord raym SC saint and will c repeal by saint and will c this  be a to know facias upon a judgement for against the defendant who plead as to  execution against his land and tenement good and chattel that he can say  nothing to avoid it but as to execution against his body he plead a  composition with two three in number and value of his creditor and therefore  that he be exempt from execution as to his body to which it be demurrer and do  you common sergeant make the follow objection to the plea first by the Act of  parliament the agreement ought to be by deed for the statute say by write  under their band and seal which in construction of law be by deed and  therefore the defendant ought to have plead it as a deed and it be not  sufficient for he to pursue the word of the Act of parliament in this case but  it will have be sufficient if he have say by a certain deed under their hand  and seal or by write under their band and seal and afterward deliver and he  ought in plead to have show that the composition be by a deed second then if  the composition be by deed there ought to have be a profert hic in cur three  it be not sufficient that the composition be for the equal benefit of all the  creditor but it ought to appear to be for their equal benefit but here be S in  the pound allow to the creditor who subscribe but comens it be not say that it  be for the benefit of the other who do not subscribe fourthly it do not appear  when the S in the pound shall be pay for by the agreement it do not appear  that he ever be in prison and by the agreement the payment be to be make  within five year after his discharge and for that it do not appear that the  defendant ever be in prison it do not appear that the composition shall ever  be pay say non allocatur for as to the first objection it be sufficient to  pursue the word of the statute and as to the second there be no need to have a  profert hic in cur Mod can Mod ld raym Com dig a and if the composition be  make to the equal benefit of all the creditor it be good although it be not  say in the agreement that the payment shall be to all for those who subscribe  can bind those who do not subscribe but the Act of parliament require the same  payment to be make to all as be agree to be pay to the subscriber and holt c j  say that the composition upon the Act of parliament be in the nature of a  defeazance and the first security be in force and therefore if there be a bind  for and a composition for S in the pound a action may be bring upon the bind  and the bind will be defeazanced by the composition but as to the last  objection that there appear to be no day of payment to waver in opinion and  therefore it be adjourn judgement be give in this case for the plaintiff the  reason which induce the judge to decide against the defendant be full state in  ray