Insolvent Debtors (England) Act 1820
(1 Geo. 4) C A P. CXIX.
[26th July 1820]
'WHEREAS notwithstanding the Acts which have from time to time passed for the Relief of Insolvent Debtors, and the Discharge of many Prisoners for small Debts by Charitable Donations, great Numbers of Persons generally remain confined for Debt in different Prisons inEngland ; and it is therefore expedient to make a permanent Provision for the Relief of Insolvent Debtors, in England , under certain Restrictions:' 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 from and after the passing of this Act, it shall be lawful for His Majesty to appoint a Chief and Two other Commissioners, being Barristers at Law of Ten Years standing at the least, to be His Majesty's Commissioners for the Relief of Insolvent Debtors, and to preside in a Court to be calledThe Court for Relief of Insolvent Debtors ; which shall be a Court of Record for the Purposes of this Act; and that when and as soon as the said respective Appointmentsshall have been notified in theLondon Gazette , such Court shall be deemed to be fully constituted and established; and that such Court shall have Power to appoint a Chief Clerk, a Provisional Assignee, a Receiver, and such other Officers as the Lord Chancellor, and the Chief Justices of the Courts of King's Bench and Common Pleas, and the Lord Chief Baron of the Exchequer, shall judge to be necessary, and in such Manner as they shall direct; and that the said Court, or any of the Commissionersacting under the Powers of this Act, may adjourn any Meeting under this Act as often as the said Court or Commissioners shall think necessary, and may administer Oaths and examine all Parties and Witnesses upon Oath for the purposes of this Act, and shall have such like and the same Powers of compelling the Attendance of Witnesses, and of requiring and compelling the Production of Books, Papers, and Writings, as now are possessed by any of the Superior Courts atWestminster , and to order any Prisoner who shall have petitioned for Relief under this Act, or any Prisoner who shall be a necessary and material witness in any Matter pending in the said Court, or before any Commissioner thereof, to be brought before the said Court or such Commissioner as often as the said Court or such Commissioner shall think fit; and that the said Court shall also have the Power of committing all Persons guilty of any Contempt to the said Court, to the Prison of the King's Bench, or to the Common Gaol of any County in which such Person shall be, and the Power of fining in a summary Way, or removing any of the Officers of the said Court who shall be guilty of any Negligence, wilful or unnecessary Delay, or other Misconduct whatsoever: Provided always, that the said Court shall not have the Power of awarding Costsagainst any Person or Persons whomsoever, except in such Cases only where such Costs are hereinafter expressly mentioned and permitted to be awarded by this Act: Provided always, that nothing herein contained shall extend to the compelling the Attendance of any Witness, unless the Partyon whose Behalf such Witness shall be required to attend shall have previously tendered to such Witness such Allowance for Expenses for his Attendance as in the Judgment of the said Court or of a Commissioner shall appear to be reasonable.
II Sittings of Court twice a Week.
II. And be it further enacted, That the said Court shall sit for the Dispatch of Business Twice in every Week throughout the Year, and One at least of the said Commissioners shall attend for such purpose.
III No Fees except such as established.
III. And be it further enacted, That no Fee or Gratuity shall be received or taken by the said Court, or any Officer thereof, of or from any Person whomsoever, on any Pretence whatsoever, except such as shall at any time be specified in a List thereof, to be signed by the Commissioners of the said Court, a Copy of which List shall always be exposed to View in the Office of the said Court.
IV Persons in Custody for Debt, &c. may apply by Petition in a summary Way for Discharge.
IV. Provided always, and be it further enacted, That when and as soon as the said Court shall be fully constituted and established, it shall be lawful for any Person in that Part of the United Kingdom calledEngland , who shall be in actual Custody upon any Process whatsoever, for or by reason of any Debt, Damage, Costs, Sum or Sums of Money, or for or by reason of any Contempt of any Court whatsoever for Nonpayment of any Sum or Sums of Money, or of Costs, taxed or untaxed, either ordered to be paid or to the Payment of which such Persons would be liable in purging such Contempt, or in any manner in consequence of orby reason of such Contempt, at any time within the Space of Fourteen Days next after such Court shall have been so fully constituted and established, or within the Space of Fourteen Days next after the Commencement of such actual Custody, or within such further time as the said Court shall think reasonable, to apply by Petition in a summary Way to the Court to be established by virtue of this Act, for his or her Discharge from such Confinement, according to the Provisions of this Act; and in such Petition shall be stated the Place wherein such Prisonershall be then confined, the Time when such Prisoner was first charged in Custody, together with the Name or Names of the Person or Persons at whose Suit or Prosecution he or she shall, at the Time of presenting such Petition, be detained in Custody, and the Amount of the Debts and Sums of Money, and also of such Costs as aforesaid, so far as the Amount of such Costs is ascertained, for which such Prisoner shall be so detained; and shall pray to be discharged from Custody, and to have future Liberty of his or her Person against the Demands for which such Prisoner shall be then in Custody, and against the Demands of all other Persons who shall be or claim to be Creditors of such Prisoner at the Time of presenting such Petition; which Petition shall be subscribed by the said Prisoner, and shall forthwith be filed in the said Court; and such Prisoner shall at the Time of subscribing such Petition duly execute a Conveyance and Assignment, in such Manner and Form as the said Court shall direct, of all the Estate, Right, Title, Interest and Trust of such Prisoner to all the Real and Personal Estate and Effects of every such Prisoner, except to the Wearing Apparel, Bedding, and other such Necessaries of such Prisoner and his or her Family, not exceeding in the whole the Value of Twenty Pounds, so as to vest all such Real and Personal Estate and Effects in the Provisional Assignee of the said Court, subject to a Proviso that in case such Prisoner shall not obtain his Discharge by virtue of this Act, such Conveyance and Assignment shall, from and after the Dismission of the Petition of such Prisoner praying for his Discharge, be null and void to all Intents and Purposes.
V Court may order Allowance for Support of Prisoner.
V. Provided always, and be it further enacted, That the said Court shall and may order and direct such Provisional Assignee, or such Assignee or Assignees as are hereinafter mentioned, to pay out of the said Estate and Effects before mentioned to the said Prisoner such Allowance for his or her Support and Maintenance during such Prisoner's Confinement in actual Custody as to the said Court shall seem reasonable and fit.
VI When Petition is filed, Prisoner to deliver in a Schedule of Debts, Property &c. as herein described;
VI. Provided always, and be it farther enacted, That such Prisoner shall, within the Space of Fourteen Days next after such Petition shall have been filed, or within such further Time as the said Court shall think reasonable, deliver into the said Court a Schedule, containing a full and true Description of all and every Person and Persons to whom such Prisoner shall be then indebted, or who to his or her Knowledge or Belief shall claim to be his or her Creditors, together with the Nature and Amount of such Debts and Claims respectively, distinguishing such as shall be admitted from such as shall be disputed by such Prisoner, and also a full, true, and perfect Account of all the Estates and Effects, Real and Personal, in Possession, Reversion, Remainder or Expectancy; and also of all Places of Benefit or Advantage, whether the Emoluments of the same arise from fixed Salaries or from Fees; and also of all Pensions or Allowances of the said Prisoner in Possession or Reversion, or held by any other Person or Persons for or on behalf of the said Prisoner, or of and from which the said Prisoner derives or may derive any manner of Benefit or Advantage; and also all Rights and Powers of every Nature and Kind whatsoever, which such Prisoner, or any other Person or Persons in trust for such Prisoner, or for his or her Use, Benefit or Advantage in any manner whatsoever, shall be seised or possessed of, or interested in, or entitled unto, or which such Prisoner, or any Person or Persons in trust for him or her, or for his or her Benefit, shall have any Power to dispose of, charge or exercise for the Benefit or Advantage of such Prisoner at the Time of presenting such Petition; together with a full, true and perfect Account of all Debts at such Time owing...
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