Insolvent Debtors, India Act 1834
| Jurisdiction | UK Non-devolved |
| Citation | 1834 c. 79 |
| Year | 1834 |
(4 & 5 Will. 4) C A P. LXXIX.
[14th August 1834]
'WHEREAS an Act was passed in the Ninth Year of the Reign of His late Majesty KingGeorge the Fourth, intituled East Indiesuntil the First Day of March One thousand eight hundred and thirty-three; and by another Act passed in the Second Year of the Reign of His present Majesty King William the Fourth the said Act was continued in force until the First Day of March One thousand eight hundred and thirty-six: And whereas, in and by the said Act to provide for the Relief of Insolvent Debtors in the East Indies , certain Provisions were enacted as to a Commission of Bankruptcy issuing against any such Insolvent Debtor as therein mentioned, and as to the Proceedings consequent thereon; and amongst other Things it was enacted, that a Certificate obtained under such Commission as therein provided should have the same Force and Effect in all Places situate without the Limits of the East India Company's Charter as if the same had been duly signed in the usual Way after such Bankrupt had duly surrendered and passed his last Examination; and it was also by the said Act amongst other Things provided and enacted, that whenever it shall be made to appear to the Satisfaction of any Court for Relief of Insolvent Debtors, upon the Application of any Insolvent, his Assignee or Assignees, or any of his or her Creditors, that the Estate of such Insolvent Debtor which shall have come to the Hands of the Assignee or Assignees shall have produced sufficient to pay and discharge Three Fourths of the Amount of the Debts which shall have been established in such Court, or that Creditors to the Amount of more than One Half in Number and Value of the Debts which shall have been so established shall signify their Consent in Writing thereto, it shall be lawful for such Court to inquire into the Conduct of the said Insolvent, and if it shall appear to such Court that the said Insolvent has acted fairly and honestly towards his or her Creditors, such Court shall be fully authorized and empowered thereupon to order that the said Insolvent shall be for ever discharged from all Liability whatsoever for or in respect of such Debts so established as aforesaid, and such Court shall, in the Order to be drawn up, specify and set forth the Names of such Creditors; and after any such Order shall have been so made no further Proceedings shall be had in the Matter of the Petition before the Court, unless upon Appeal made to the Supreme Court of Judicature of the Presidency where such Court for the Relief of Insolvent Debtors shall be holden as thereby authorized; and it was by the said recited Act also provided, that no such Order as last aforesaid shall prevent any Creditor who shall not have been resident within the Limits of the Charter of the said United Company at any Time between the filing of such Petition and the making of such Order as last mentioned, and who shall not have taken Part in any of the Proceedings under the said Petition, from bringing any Suit or Action in the East Indies for the Purpose of obtaining Execution against the Goods, Estate, or Effects of such Insolvent for any unsatisfied Claim of such Creditor, nor from bringing any Suit or Action for such Claim in any Court of the United Kingdom of Great Britain and Ireland , or elsewhere without the Limits of the said United Company's Charter, against such Insolvent, in the same Manner and with the like Consequences and Effects as if such Order as last mentioned had not been made: And whereas it is expedient to extend and add to the Provisions of the said Acts, so as to give to Insolvent Debtors, being Traders, who shall have acted fairly and honestly towards their Creditors, an additional and more complete Discharge, and also to render more effectual the Means of obtaining such Discharge, and at the same Time to preserve to such Insolvent Debtors such Relief as is already afforded by the said recited Acts: And whereas under the Provisions of the Act passed in the First and Second Years of His present Majesty King William the Fourth, intituled , a Fiat is issued in Bankruptcy in lieu of a Commission of Bankrupt in every Case where the Lord Chancellor by virtue of any former Act had heretofore Powerto issue a Commission of Bankrupt:' 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...
To continue reading
Request your trial