Bankrupts (England) Act 1825
| Jurisdiction | UK Non-devolved |
| Citation | 1825 c. 16 |
(6 Geo. 4) C A P. XVI.
[2d May 1825]
'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 Actpassed in the Thirty fourth 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 KingJames the First, intituled An Act for the better Relief of the Creditors against such as shall become Bankrupts ; and also an Actpassed in the Twenty first Year of the Reign of KingJames the First, intituled 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 King George the Second, intituled An Act to prevent the committing of Frauds by Bankrupts; and also an Actpassed 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 Twenty fourth Year of the Reign of King George the Second, the Title to 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 Actpassed in the Thirty sixth Year of the Reign of His late Majesty, intituledAn Act for the Relief of Persons equitably and beneficially entitled to or interested in the several Stocks and Annuities transferrable at the Bank of England, 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, intituled An 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 Payment of 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, intituled An Act to alter and amend the Laws relating to Bankrupts;and also an Act passed in the Fifty sixth Year of the Reignof His late Majesty, intituledAn Act to extend the Provisions of an Act of 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 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 Twenty 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 Actpassed 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 His present Majesty, intituled An Act to amend the Laws relating to Bankrupts;and also another Act passed in the Fifth Year of the Reign of His present Majesty, intituled An Act to consolidate and amend the Bankrupt Laws, be hereby repealed.
II What Persons deemed Traders liable to become Bankrupt.
II. And be it enacted, That all Bankers, Brokers and Persons using the Trade or Profession of a Scrivener, receiving other Men's Monies or Estates into their Trust or Custody, and Persons insuring Ships or their Freight, or other Matters, against Perils of the Sea, Warehousemen, Wharfingers, Packers, Builders, Carpenters, Shipwrights, Victuallers, Keepers of Inns, Taverns, Hotels or Coffee Houses, Dyers, Printers, Bleachers, Fullers, Calenderers, Cattle or Sheep Salesmen, 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 Workman for Hire, Receiver General of the Taxes, or Member of or Subscriber to any Incorporated, Commercial or Trading Companies established by Charter or Act of Parliament, shall be deemed, as such, a Trader liable by virtue of this Act to become Bankrupt.
III What Acts by such Traders deemed Acts of Bankruptcy.
III. And be it enacted, That if any such Trader shall depart this Realm, or being out of this 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 this Realm or elsewhere, any fraudulent Grant or Conveyance of any of his Lands, Tenements, Goods or Chattels, or make or cause to be made any fraudulent Surrender of any of his Copyhold Lands or Tenements, or make or cause to be made any fraudulent 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, shall be deemed to have thereby committed an Act of Bankruptcy.
IV Conveyance of all a Trader's Property not an Act of Bankruptcy, unless a Commission issue within Six Months.
IV. And be it enacted, That where any such Trader shall, after this Act shall have come into Effect, execute any Conveyance or Assignment, by Deed, to a Trustee or Trustees, of all his Estate and Effects for the Benefit of all the Creditors of such Trader, the Execution of such Deed shall not be deemed an Act of Bankruptcy, unless a Commission issue against such Trader within Six Calendar Months from the Execution thereof by such Trader: Provided that such Deed shall be executed by ever such Trustee within Fifteen Days after the Execution thereof by the said Trader, and that the Execution by such Trader and by every such Trustee be attested by an Attorney or Solicitor; and that Notice be given within Two Months after the Execution thereof by such Trader, in case such Traderreside inLondon or within Forty Miles thereof, in the London Gazette , and also in Two London daily Newspapers; and in case such Traderdoes not reside within Forty Miles ofLondon , then in the London Gazette , and also in One London daily Newspaper and One provincial Newspaper published near to such Trader's Residence; and such Notice shall contain the Date and Execution of such Deed, and the Name and Place of Abode respectively of every such Trustee and of such Attorney or Solicitor.
V Lying in Prison;
V. And...
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