Bankruptcy Court Act 1821

JurisdictionUK Non-devolved
Citation1821 c. 115
Anno Regni GEORGII IV. Britanniarum RegisPrimo & Secundo. An Act to repeal so much of an Act, of the Fifth Year of the Reign of His late Majesty KingGeorge the Second, relating to Bankrupts, as requires the Meetings under Commissions of Bankrupt to be holden in the Guildhall of the City of London ; and for building Offices in the said City for the Meetings of the Commissioners; and for the more regular Transaction of Business in Bankruptcy.

(1 & 2 Geo. 4) C A P. CXV.

[10th July 1821]

'WHEREAS by an Act made and passed in the Fifth Year of the Reign of His late Majesty KingGeorge the Second, intituled An Act to prevent the committing of Fraud by Bankrupts , it is amongst other Things enacted, that where any Commission of Bankruptshall issue out, from and after the Twenty fourth Day ofJune One thousand seven hundred and thirty two, the Commissioners therein named, or the major Part of them thereby authorized, shall forthwith, after they have declared the Person or Persons against whom such Commission shall issue a Bankrupt or Bankrupts, cause Notice thereof to be given in the London Gazette, and shall appoint a Time and Place for the Creditors to meet, which Meeting for the City of London and all Places within the Bills of Mortality, shall be at the Guildhall of the said City, in order to choose an Assignee or Assignees of the said Bankrupt's Estate and Effects; and it was thereby further enacted, that every Person or Personschosen or who should be chosen Assignees of the Estate and Effects of such Bankrupt, should at some time after the Expiration of Four Months, and within Twelve Months from the time of issuing such Commission, cause at least Twenty one Days public Notice to be given in theLondon Gazette , of the Time and Place the Commissioners and Assignees intend to make a Dividend and Distribution of such Bankrupt's Estate and Effects; which Time the Creditors who had not proved their Debts should then be at liberty to prove the same; which Meeting for the City of London and all Places within the Bills of Mortality should be at the Guildhall of the said City: And Whereas the Business in Bankruptcy has of late Year greatly increased, and in consequence thereof proper and sufficient Accommodation cannot now be furnished to the Commissioners for transacting such Business at the said Guildhall of the said City of London : And Whereas, for the Purpose of providing a Remedy for such Inconvenience, an Address was ordered to be presented to His Royal Highness The Prince Regent, by the House of Commons, on the Thirtieth Day of June One thousand eight hundred and nineteen, praying that His Royal Highness would be graciously pleased to give Directions, that a Sum not exceeding Twenty thousand Pounds should be issued for the Purpose of erecting a suitable Building for Transaction of Business in Bankruptcy: And Whereas in pursuance of such Address the Lords Commissioners of His Majesty's Treasury have authorized and empoweredWilliam Courtenay of Duke Street, Westminster , in the County of Middlesex , Esquire, One of the Masters of His Majesty's High Court of Chancery, Stephen Rumbold Lushington Esquire, One of the Secretaries of His Majesty's Treasury, Matthew Wood of South Audley Street, Grosvenor Square , in the County of Middlesex , Esquire, One of the Aldermen of the said City or London, Thomas Wilson of the same City, Merchant, and Henry Wrottesley of Lincoln's Inn , in the said County of Middlesex , Esquire, as Trustees for the Public, to treat and contract for the Purchase of the Piece or Parcel of Ground hereinafter described, on which such intended new Building may be erected and built, and also for the erecting and completing the same for the Purposes aforesaid: AndWhereas in further pursuance of such Address, a Contract hath been entered into by the Trustees above named, with the said City ofLondon , for the Purchase of the Piece of Ground nearly adjoining the Guildhall of the said City, hereinafter more particularly described; and in pursuance of such Contract, by Indenture of Feoffment with Livery of Seisin endorsed, duly enrolled in His Majesty's High Court of Chancery, bearing Date the Thirteenth Day of April in the Year of our Lord One thousand eight hundred and twenty, and made between the Mayor and Commonalty and Citizens of the City of London of the First Part; the said William Courtenay, Stephen Rumbold Lushington, Matthew Wood, Thomas Wilson and Henry Wrottesley , of the Second Part; Joseph Bushnan of Guildhall London aforesaid, Comptroller of the Chamber of the said City of London , and Francis Bligh Hookey of Guildhall aforesaid, Gentleman, of the Third Part; and Rowland Wimburn of Chancery Lane , in the said County of Middlesex , Gentleman, of the Fourth Part; it is witnessed, that in pursuance of the said Agreement, and in Consideration of the Sum of Four thousand one hundred Pounds paid by the said William Courtenay, Stephen Rumbold Lushington, Matthew Wood, Thomas Wilson and Henry Wrottesley , into the Chamber of the said City of London , as therein mentioned, the said Mayor and Commonalty and Citizens did grant, alien, enfeoff and confirm unto the said William Courtenay, Stephen Rumbold Lushington, Matthew Wood, Thomas Wilson and Henry Wrottesley , and their Heirs, all that Piece or Parcel of Ground situate and being on the West Side of Basinghall Street , in the Parish of Saint Michael Bassishaw of the City of London , Part of which Ground lately formed Part of the Site of the ancient Cloth Market of Blackwell Hall , or of the Buildings or Offices belonging thereto, and other Part thereof was the Site, or Part of the Site, of Two Messuages or Dwelling Houses situate on the West Side of Basinghall Street aforesaid, being Numbers Eighty two and Eighty three of the said Street; the whole of which said Piece or Parcel of Ground measures on the North Side thereof, abutting or adjoining to a Messuage or Tenement and Premises in Basinghall Street aforesaid, now or late in the Occupation of Maitland , Esquire, Eighty seven Feet of Assize, little more or less, in a broken Line; on the East Side thereof, abutting on Basinghall Street aforesaid, Ninety Feet Nine Inches of Assize, including Half the Thickness of the Party Wall, little more or less; on the West Side thereof, abutting or adjoining to a vacant Piece of Ground, which is intended to be left as a Yard or Passage between the Ground thereby intended to be conveyed, and the new Courts of King's Bench and Common Pleas, One hundred and one Feet Six Inches of Assize, little more or less, including Half the Party Wall; and on the South Side thereof, abutting on an intended new Street or Carriage Way leading from Basinghall Street aforesaid, to Guildhall Yard , Eighty seven Feet of Assize, little more or less, as the said Piece or Parcel of Ground and the Abuttals and Boundaries thereof are more particularly described and delineated in the Ground Plan thereof drawn in the Margin of the Indenture now in recital, together with the free Use and Liberty of Way and Passage in, over and upon the said Court Yard or Ground lying between the Western Boundary of the Piece or Parcel of Ground thereby intended to be conveyed, and the said intended new Buildings for the Courts of King's Bench and Common Pleas, at all times between the Hours of Ten o'Clock in the Forenoon and Four o'Clock in the Afternoon of every Day in the Year, except Sundays, Good Friday and Christmas Day ; but excepting and always reserving to the said Mayor and Commonalty and Citizens, their Successors and Assigns, the Right to have an Entrance Gate to the said Yard or Passage, and to lock or fasten the same Gate, so as to prevent all Access to or Liberty of Way through the same Gate and Passage, except when such Right of Way or Passage is to be exercised between the Hours of Ten and Four as aforesaid; to hold the said Piece of Ground and Premises unto and to the Use of the said William Courtenay, Stephen Rumbold Lushington, Matthew Wood, Thomas Wilson and Henry Wrottesley , their Heirs and Assigns for ever, in Trust for His Majesty and His Successors; and to the Intent and Purpose only, that certain Buildings might forthwith be erected on the said Ground, for the Meetings of the Commissioners of Bankrupts, and for Transaction of Business in Bankruptcy: And Whereas such Buildings have been accordingly erected, and are nearly completed, on the said Piece of Ground for the Purposes aforesaid: And Whereas by reason of the said hereinbefore in part recited Act of Parliament, such Meetings of the Commissioners in Bankruptcy as are therein mentioned must of Necessity be held at the Guildhall of the said City of London ; and it is therefore expedient to repeal so much of the said recited Act as compels such Meetings to be there holden, and to direct that all Public Meetings in Bankruptcy, and also such other Meetings as are hereinafter mentioned, shall be held in the said newly erected Buildings: And Whereas, besides the Inconveniencies arising from the Want of appropriate Places of Meeting, considerable Inconvenience has also been experienced from their being no Provision made under the existing Laws for keeping a Registry or Journal of the Proceedings under Commissions, and such Registry would tend to the Regularity and Uniformity of such Proceedings: And Whereas it is expedient that Commissioners acting under any Commission of Bankruptcy should, whilst so acting, have Power or Authority to remove or order any Person or Persons to be removed or taken out of the Room or Place in which they may be sitting under such Commission, who shall commit or be guilty of any Riot or Disturbance, or who shall interrupt them in the Exercise of their Duty, and to have such Person or Persons taken before any Alderman or Magistrate acting in the Commission of the Peace, to be dealt...

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