Bankruptcy (England) Act 1824
| Jurisdiction | UK Non-devolved |
| Citation | 1824 c. 98 |
| Year | 1824 |
(5 Geo. 4) C A P. XCVIII.
[21st June 1824]
'WHEREAS it is expedient to amend the Laws relating to Bankrupts, and to simplify the Language thereof, and to consolidate the same so amended and simplified in one Act; and to make other Provisions respecting Bankrupts;' Be it therefore enacted by the King'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 an Act passed in the Thirtyfourth and Thirty fifth Years of the Reign of KingHenry the Eighth, intituled An Act against such Persons as do make Bankrupt;and also an Act passed in the Thirteenth Year of the Reign of QueenElizabeth , intituled An Act touching Orders for Bankrupts;and also an Act passed in the First Year of the Reign of King James the First, intituled An Act for the better Relief of the Creditors against such as shall become Bankrupts;and also an Act passed in the Twenty first Year of the Reign of KingJames the First, intituled An Act for the further Description of a Bankrupt, and Relief of Creditors against such as shall become Bankrupts, and for inflicting Corporal Punishment upon the Bankrupts, in some special Cases; and also an Act passed in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, intituled An Act declaratory concerning Bankrupts;and also an Act passed in the Tenth Year of the Reign of QueenAnne , intituled An Act for repealing a Clause in the above mentioned Statute, passed in the Twenty first Year of the Reign of KingJamesthe First, and for the Explanation of the Laws relating to Bankruptcy in Cases of Partnership; and also an Actmade in the Seventh Year of the Reign of KingGeorge the First, intituled An Act for explaining and making more effectual the several Acts concerning Bankrupts;and also an Act passed in the Fifth Year of the Reign of KingGeorge the Second, intituled An Act to prevent the committing of Frauds by Bankrupts;and also an Act passed in the Nineteenth Year of the Reign of KingGeorge the Second, intituled An Act for amending the Laws relating to Bankrupts; and also so much of an Act passed in the Twentyfourth Year of the Reign of KingGeorge the Second, the Title of which begins with the Words An Act to continue several Laws therein mentioned, for preventing Theft and Rapine , and concludes with the Words, and to make some further Provisions in relation to the signing of Certificates for the Discharge of Bankrupts , as relates to the Prevention of Frauds by Bankrupts, and to some further Provisions in relation to the signing of Certificates for the Discharge of Bankrupts; and also an Act passed in the Fourth Year of the Reign of His late Majesty King George the Third, intituled An Act for preventing Inconveniences arising in Cases of Merchants, and such other Persons as are within the Description of the Statutes relating to Bankrupts being entitled to Privilege of Parliament, and becoming insolvent;and also so much of an Act passed in the Thirty sixth Year of the Reign of His late Majesty, intituled An Act for the Relief of Persons equitably and beneficially entitled to or interested in the several Stocks and Annuities transferable at the Bank ofEngland, as relates to Trustees in whose Names Stock shall be standing at the Bank, becoming Bankrupt, and to Bankrupts refusing to transfer Stock standing in their own Right; and also an Act passed in the Thirty seventh Year of the Reign of His late Majesty, intituledAn Act to make perpetual an Act passed in the Fifth Year of the Reign of His late Majesty, intituled 'An Act to prevent the committing of Frauds by Bankrupts; ' and also so much of an Act passed in the Forty fifth Year of the Reign of His late Majesty, intituled An Act to amend an Act passed in the Fourth Year of His present Majesty, intituled 'An Act for preventing Inconveniences arising in Cases of Merchants, and such other Persons as are within the Description of the Statutes relating to Bankrupts being entitled to Privilege of Parliament, and becoming insolvent,' and to prevent Delay in the entering Appearances in Actions brought against Persons having Privilege of Parliament, as relates to the Execution of certain Bonds by Traders having Privilege of Parliament, and to the Disobedience by such Traders of Orders for Paymentof Money; and also an Act passed in the Forty sixth Year of the Reign of His late Majesty, intituled An Act to amend the Laws relating to Bankrupts;and also an Act passed in the Forty ninth Year of the Reign of His late Majesty, intituledAn Act to alter and amend the Laws relating to Bankrupts; and also an Act passed in the Fifty sixth Year of the Reign of His late Majesty, intituled An Act to extend the Provisions of an Act of the First Year of the Reign of KingJamesthe First, intituled 'An Act for the better Relief of the Creditors against such as shall become Bankrupts; ' and also so much of an Act passed in the First Year of the Reign of His present Majesty, intituled An Act to repeal so much of the several Acts passed in the Thirty ninth Year of the Reign ofElizabeth,the Fourth of George the First, the Fifth and Eighth of George the Second, as inflicts Capital Punishment on certain Offences therein specified, and to provide more suitable and effectual Punishment for such Offences , as relates to the Punishment of Frauds committed by Bankrupts; and also an Act passed in the Third Year of the Reign of His present Majesty, intituledAn Act to amend the Laws relating to Bankrupts under Joint Commissions; and also another Act passed in the Third Year of the Reign of His present Majesty, intituled An Act to amend the Laws relating to Bankrupts, be hereby repealed.
II What Persons deemed Traders liable to become Bankrupt.
II. And be it enacted, That all Bankers, Brokers, Underwriters and Persons insuring Ships or their Freight, or other Matters against Perils of the Sea, Warehousemen, Wharfingers, Packers, Builders, Carpenters, Shipwrights, Victuallers, Innkeepers, Stage Coach Proprietors, Brewers, Maltsters, Dyers, Printers, Bleachers, Fullers, Scavengers, Manufacturers of Alum or Kelp, Cattle or Sheep Salesmen, and all Persons engaged in any Traffic of drawing and redrawing, negotiating or discounting Bills of Exchange, Promissory Notes, or negotiable Securities, except Exchequer, Navy or Victualling Bills or Ordnance Debentures; and all Persons making Bricks or burning Lime for Sale, being Tenants, Lessees or Partners in such Trade or Undertaking; and all Persons using the Trade of Merchandize by way of Bargaining, Exchange, Bartering, Commission, Consignment, or otherwise, in gross or by retail; and all Persons, who either for themselves, or as Agents or Factors for others, seek their Living by buying and selling, or by buying and letting for Hire, or by the Workmanship of Goods or Commodities, shall be deemed Traders liable to become Bankrupt; Provided, that no Farmer, Grazier, common Labourer or Workmanfor Hire, Receiver General of the Taxes, or Member of or Subscriber to any incorporated, commercial or trading Companies established by Charter, or by or under the Authority of any Act of Parliament, shall be deemed as such a Trader liable by virtue of this Act to become Bankrupt.
III What Acts deemed Acts of Bankruptcy.
III. And be it enacted, That if any such Trader shall depart this Realm, or being out of the Realm shall remain abroad, or depart from his Dwelling House, or otherwise absent himself, or begin to keep his House, or suffer himself to be arrested for any Debt not due, or yield himself to Prison, or suffer himself to be outlawed, or procure himself to be arrested, or his Goods, Money or Chattels to be attached, sequestered or taken in Execution, or make or cause to be made, either within the United Realm or elsewhere, any Grant or Conveyance of any of his Lands, Tenements, Goods or Chattels, or make or cause to be made any Surrender of any of his Copyhold Lands or Tenements, or make or cause to be made any Gift, Delivery or Transfer of any of his Goods or Chattels, every such Trader doing, suffering, procuring, executing, permitting, making or causing to be made any of the Acts, Deeds or Matters aforesaid, with Intent to defeat or delay his Creditors in the Recovery of their Debts, shall be deemed to have thereby committed an Act of Bankruptcy.
IV What further Acts so deemed.
IV. And be it enacted, That if any such Trader shall, at any Meeting of his Creditors, declare or admit that he is insolvent, or unable to meet his Engagements, or if any such Trader having been arrested or committed to Prison for Debt, or on any Attachment for Nonpayment of Money, shall, upon such or any other Arrest or Commitment for Debt, or Nonpayment of Money, or upon any Detention for Debt, lie in Prison for Twenty one Days; or if any such Trader, having been so arrested, committed or detained, shall escape out of Prison or Custody, every such Trader shall be deemed to have thereby committed an Act of Bankruptcy; provided that if any such Trader shall be in Prison at the Time ofthe Commencement of this Act, such Trader shall not be deemed to have committed an Act of Bankruptcy by lying in Prison, until he shall have lain in Prison for the Period of Two Months.
V Taking Benefit of Insolvent Act.
V. And be it enacted, That if any such Trader shall petition to take the Benefit of the present or any future Act for the Relief of Insolvent Debtors, such Petition, when filed, shall be an Act of Bankruptcy, but no Commission shall issue thereupon, unless it be sued out within Two Calendar Monthsnext after Notice of such Petition has been inserted in theLondon Gazette .
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