Bankruptcy Act 1842
| Jurisdiction | UK Non-devolved |
| Citation | 1842 c. 122 |
| Year | 1842 |
(5 & 6 Vict.) C A P. CXXII.
[12th August 1842]
'WHEREAS it is expedient to amend the Law of Bankruptcy: And whereas by an Act passed in the Reign of His late Majesty, intituled , various Alterations were made in the Administration of the Law of Bankruptcy, which have by Experience been found beneficial, and it is advisable to extend the Provisions and Regulations contained in the said Act:' Be it therefore enacted by the Queen'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, That the Provisions of this Act, unless where otherwise herein specially provided, shall commence and take effect from and after the Eleventh Day ofNovember next.
II Laws at variance with this Act repealed.
II. And be it enacted, That all Laws, Statutes, and Usages shall be and the same are hereby repealed, in so far as they may be inconsistent or at variance with the Provisions of this Act; provided always, that the same shall continue in force in all other respects whatsoever.
III Petitioning Creditor's Bond may be dispensed with.
III. And be it enacted, That in every Case of a Petition for the Issue of a Fiat in Bankruptcy, it shall be lawful for the Lord Chancellor to dispense, if he shall think fit, with the Bond now required to be given to him by the Petitioning Creditor, conditioned for proving his Debt, and for proving the Party to have committed an Act of Bankruptcy at the Time of issuing such Fiat, and for proceeding upon such Fiat; and in such Case it shall be lawful to issue the Fiat without any such Bond having been given.
IV Fiats to be transmitted to the Court, and forthwith opened, unless postponed.
IV. And be it enacted, That every Fiat in Bankruptcy granted after the Commencement of this Act shall, after the granting of such Fiat, be forthwith issued and transmitted by the Lord Chancellor's Secretary of Bankrupts, in such Manner, and at such Cost, as the Lord Chancellor by any general or other Order shall direct, to the Court to which such Fiat shall be directed under and by virtue of the Powers of any Act now in force or of this Act, and shall be forthwith opened, unless such Court shall, in its Discretion, think fit to postpone the Opening of such Fiat: Provided always, that if such Fiatshall not be opened by the Petitioning Creditor within Three Days after it shall have been so transmitted, or within such extended Time as shall be allowed by the said Court, such Court is hereby authorized to open such Fiat, at any Time within Fourteen Days then next following, upon the Application of any other Creditor to the Amount required by this Act to constitute a Petitioning Creditor, and to adjudicate thereon, upon the Proof of the Debt of such Creditor, and of the other Requisitesto support such Fiat: Provided always, that no such Fiat shall be issued to the Petitioning Creditor, or his Attorney or Agent.
V Person against whom a Fiat has issued, on Proof of probable Cause for believing that he is about to quit England, or to remove or conceal his Goods, may be arrested.
V. And be it enacted, That whenever any Fiat in Bankruptcy shall have issued against any Person, and it shall be proved to the Satisfaction of the Court authorized to act in the Prosecution of such Fiat that there is probable Cause for believing, that such Person is about to quitEngland , or to remove or conceal any of his Goods or Chattels, with Intent to defraud his Creditors, unless he he forthwith apprehended, it shall be lawful for such Court to issue a Warrant, directed to any Person or Persons such Court shall think fit, whereby such Person or Persons shall have Authority to arrest the Person named in such Fiat by his Body, and also to seize his Books, Papers, Monies, Securities for Monies, Goods, and Chattels, wheresoever he or they may be found, and him and them safely keep until the Expiration of the Time allowed for opening such Fiat, or until such Person shall be adjudged bankrupt under such Fiat, and be thereon dealt with under such Fiat, according to the Laws relating to Bankrupts.
VI Any Person so arrested may apply for his Discharge forthwith.
VI. Provided always, and be it enacted, That it shall be lawful for any Person arrested upon any such Warrant, or for any Person whose Books, Papers, Monies, Securities for Monies, Goods, or Chattels have been seized under any such Warrant, to apply at any Time after such Arrest or Seizure to such Court for an Order or Rule on the Petitioning Creditor named in such Fiat to show Cause why the Person arrested should not be discharged out of Custody, or why his Books, Papers, Monies, Securities for Monies, Goods, and Chattels should not be delivered up to him; and that it shall be lawful for such Courtto make absolute or discharge such Order or Rule, and to direct the Costs of the Application to be paid by either Party; provided that any such Order may be discharged or varied by the Court of Review, on Application made thereto by either Party dissatisfied with such Order.
VII Limiting Term, of Liability.
VII. And be it enacted, That no Person shall be liable to become bankrupt by reason of any Act of Bankruptcy committed more than Twelve Months prior to the issuing of any Fiat in Bankruptcy against him.
VIII Concerted Act of Bankruptcy not to invalidate Fiat.
VIII. And be it enacted, That no Fiat in Bankruptcy shall be deemed invalid by reason of any Act of Bankruptcy of the Person against whom the Adjudication of Bankruptcy thereunder shall be made having been concerted or agreed upon between the Bankrupt and any Creditor or other Person, save and except where any Petition to supersede or annul a Fiat for any such Cause shall have been already presented, and shall be now pending.
IX Requisite Amount of Petitioning Creditor's Debt.
IX. And be it enacted, That the Amount of the Debt or Debts of any Creditor or Creditors petitioning for a Fiat in Bankruptcy shall hereafter be as follows; that is to say, the single Debt of such Creditor or of Two or more Persons being Partners petitioning for the same shall amount to Fifty Pounds or upwards, and the Debt of Two Creditors so petitioning shall amount to Seventy Pounds or upwards, and the Debt of Three or more Creditors so petitioning shall amount to One hundred Pounds or upwards; and that every Person who has given Credit to any Trader upon valuable Consideration for any Sum payable at a certain Time, which Time shall not have arrived when such Trader committed an Act of Bankruptcy, may so petition or join in petitioning as aforesaid, whether he shall have had any Security in Writing for such Sum or not.
X Persons specially named liable to become Bankrupts.
X. And be it enacted, That all Livery Stable Keepers, Coach Proprietors, Carriers, Ship Owners, Auctioneers, Apothecaries, Market Gardeners, Cow-keepers, Brick-makers, Alum-makers, Lime-burners, and Millers shall be deemed Traders, and subject and liable as Traders to this and to the other Statutes relating to Bankrupts.
XI On Creditor of Trader making Affidavit of his Debt and of his having required Payment, Court may summon the Trader.
XI. And be it enacted, That if any Creditor of any Trader, within the Meaning of this or any other Statute relating to Bankrupts now or hereafter to be in force, shall file an Affidavit in the Court authorized as herein-after provided to act in the Prosecution of Fiats in Bankruptcy in the District (to be described as herein-after mentioned) in which such Debtor shall reside, or in the Court of Bankruptcy if such Debtor shall not reside in any such District, in the Form specified in Schedule hereunto annexed (A. No. 1.), of the Truth of his Debt, and of the Debtor, as he verily believes, being such Trader as aforesaid, and of the Delivery to such Trader, personally, of an Account in Writing of the Particulars of his Demand, with a Notice thereunder requiring immediate Payment thereof, in the Form specified in the said Schedule (A. No. 2.), it shall be lawful for the Court in which such Affidavit shall be filed, as the Case may be, to issue a Summons in Writing, in the Form specified in the said Schedule (A. No. 3.), calling upon such Trader to appear before such Court, and stating in such Summons the Purpose for which such Trader is called upon by such Summons to appear as herein-after provided.
XII Manner of proceeding on Summons of Trader by a Creditor.
XII. And be it enacted, That upon the Appearance of any such Trader so summoned as aforesaid it shall be lawful for such Court to require such Trader to state whether or not he admits the Demand of such Creditor so sworn to as aforesaid, or any and what Part thereof, and if such Trader shall admit such Demand or any Part thereof to reduce such Admission into Writing, in the Form specified in the Schedule hereunto annexed (B. No. 1.), and such Admission so reduced into Writing such Trader is hereby required to sign, and the same is thereupon to be filed in such Court; and it shall also he lawful for such...
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