The National Register.
London, England, 1819-05-23 00:00:00

ABSTRACT OF THE NEW INSOLVENT DILL.

The new Inolrr..t Deetors' Bill authorises Lie Majesty to
appoint three Barristers. of six years' moulding at the least, to be
Cominiutoners for the Relief of Ins°lyera Deb.ors. It is to be
a Court of Rowell. The Commi,sioners a-o ur appoint a Chief
Clerk, four Assistant Clerks. and a provisional Assignee; they
shall have power to compel the attendatie_ of a imew.es. the pro.
duction of books. papers, and writings, and of committing fur
cutempt; u well as of tieing th..Or officers for negligence or
delay.
The said Commissioners, Chief Clerk and other officers to take
no foe, snooty. gratuity or reward from any suitor ; nor shall
any part of the proceedings be liable to stamp or other du.y
what vcr.

•—•
Anypevson in custody for deft for fourteen days, may apply
fo• their discharge. The petition to contain a schedule of toeir
debt,. as weal as of all the effects. real and personal, in possescion,
rc,eriion or expect incy ; and of all debts owing to theta.
In case any person shall have ben in custody on iiieg.te pro-
ce,s for nine months, without claiming the benefit of thls Act—
or stall have been charged in execution upon a judgment—it
shall be lawful for any one creditor to the amount of pounds,
or for any two to the amount of , to apply by pettiion to
the said Court* and such prisoner shall be trotnpelled to sur-
render his or her property lilt the benefit of all the creditor ; and
too same forms and conditions shall be observed as in the case of
a voluntary application for relief. In case any person shall refuse
to dl iver such schedule of their effects, &c. the Court shall be
empowered to imprison them in the common gaol or house of
co,r_etion, there to be kept to hard labour, until he shall submit
hitioielt to the said Court.

All the estate of a prisoner, real. as well freehold and copyhold,
castomary, and all primingl effects and debts, except wearing
apprrel, bedding, &c. shall be vested in the Provisionid Assik,mee,
n allowance to be made by such Assii,mee for the support and
maintenance of the prisoner.
Notice of the petitions being filed to be inserted in the London
Gazette. and two other Newspapers. and shalLapint a day for
the creditots to appear before one of the said Commissioners.
within one calendar month, to prove their respective debts, and
o choose an Assignee at Assignees; and there is a provision for
veryfying the debts of cirtlitors at a distance, or abroad. The
Assignee or Assignees, chosen by the majority in value of the
tredl:ol'S. shall kelp books of asses received, to which all the
creditors shall have free a4:44:911.

The Commissioners to be authorised to compel witnesses to
attend to prove or disprove debts, and examine 'Lem on oath,
and allow or disallow ; claims not satisfactorily proved, an appeal
to be from the decision of one Commissioner to the Court, which
shall finally determine the same. And in case a creditor shall
neglect to pros e his debt, he shall ever be debarred Irons recover-
ing the same. . . . . . . . . .

The one Commissioner who shall hare to examine the schedule,
aDJ the truth of the statements therein, as well as die manner in
which the debts were contracted, and if die debtor shall have put
his creditors to unnecessary eapence by vexatious or frivolous
defence, dc. such Cummuisioner shall report the same to the

The Provisional Assignees slusll make over to the Assignees
chosen by the creditor all the estate and effects of the prisoner.
The Assignees appointed by the creditors to be authmised to sue
fur, and recover the debts, .%c. And there is a clause to oblige
the debtor to execute discharges. etc. They shall make sale of
all the effects upon slue notice in the Gaizetteand two Newspapers,
etc.; and the Assignae,, at the end of three months. shall make
a just dividend of all the funds that shall have come into their
hands. Mortgages made prior to the tiling of the schedule not to
be subject to the Assignees.
Where debtors are tel on estates far life. with power to
grant leases, the same power to be transferred to the Assignees.
Assignees to be allowed to compound with the debtors of the
prisoner, with the consent of the creditors. In case Assignees
shall not discharge the trust, me Court shall arrest and commit
them togaol, without bail or mainprize, until they account for
the proceeds of the estate.
On the final examination of a prisoner, creditors whose debts
have been allowed may put questions to him touching the matters
in his petition, and such other matters as the Court shall judge
to be ht and proper to inquire into. If the prisoner shall answer
!ittisfactorily, the Court shall order his discharge at the end of
Fie months from the date of the commitment. It the opposition
shall be deemed frivolous and vexatious, costs to be granted to
Wm But if it shall appear that the prisoner has contracted any
of his debts fraudulently, without having any reasonable or pro-
bable expectation of pain the same, the Court shall extend the
term of confinement trout six months to a period not exceeding t h ree
years ; and in ease the prisoner shall base put any of his creditors
to unnece-nary expense by vexatious or frivolous defence to any
action, when his confinement may be extended to any period not
exceeding twelve months; or if he shall have fraudulently and
wilfully omitted in his schedule effects to the amount of 204 then
he shall not be discharged under a period not exceeding nine
months.

There are provisions for examinations at the Quarter Sessions
of Counties and Ridings in furtherance of this Act ; the Alegi'.
trues to remit the proceedings to the Court.
The Court, upon application by three-fourths of the creditors
in number and value, may order the immediate discharge of the
reisontr front custody, provided that such ptioner shell not hare
contracted any of the debts fraudulently.
On the discharge of a prisoner, judgment shall be entered up in
one of the superior Courts--and in CASe his debts shall not exceed
5001. then the Judgment shall be entered up fcr a less sum, if a
petition to that effect shall be presented to the court by three
fourths in number and value of the creditors.

Prisoners ;;I:ii Zeaial;;;;t7;lncur the penalties of
perjury.
In case any person discharged shall some into the possession of
any stock in the Public Nun:4. which the judgment entered up
could not touch, the Assignees nut, apply to the Court, seuing
forth the case, and the Court may remand the debtor to custody,
In the actual gaol, not rules or hberties, until he sled' surrender
such Fund,.

None but Attornies or Solicitors in the superior Courts, to be
al:vketi to aet in this Court.

The turn of three and no more, to be paid for the
insertion of notices in newspapers. The names of all persons elm-

THE NATIONAL REGISTER.

charged to be inserted in the London Cisme. This act to con.
tinue till in the year but it may be repealed
or altered at any time.

a BILL

For amending the Laws for regulating the manner of
Licensing Alehouses on that part of the United mg,-
dont called England, anti lur the more eticctually
preventing D.rorders therein.
Preamble.
Requiring Persons to whom Licences shall be granted to enter
tnto ITCOgniZaliCeß
In case persons applying for Licenses shall be prevented by
sickness, ,ice. fromattending the Justice*, then Justicts may grant
same on taking security.
Itecegnizances to be filed with the Clark of the Peace.
I'enalty on Magistrates for neglect
Sureties to be sworn, &c.

Certificates of goal conduct. ice. to be produced by Persons
applying
.for Licences.
Requiring like recognizance' and certificates on granting Li-
cences oil Special Meetings tor the purpose.
Regulations respecting the filing of reco6nizar•.ccs. &c. with
Clerks of the Peace.

Authorizing Justices to meet at certain times for gramirg
Li-
c.

In ease of death, &c. of Licenced Victuallers, Justices may
continue Licence to Executor..
Repealing parts of the exi Most Laws respecting diso•derly
Alehouses. &c. and making other Prot isiona respecting same.
Production of recognizance, &c. to b, evidence of persons
being licensed.
Upon verdict given, parties to be subject to punishment. &t.
Respecting proceedings upon intiirmations fur a third offence.
Justices may hear °Winces in eiLve of pecuniary penalties.
Penalty on ivitnesses refusing to appear.
Allowing appeal against zonviukins for pecuniary penalty, .

Costs.
Form of conviction.

Convictions to be returned to the Quarter Sessions.
Requiring Justices, in case they refuse a Licence, t 3 give a
statement in writing of their reasons fur such refusal. And al—
lowing as appeal to the Sessions against such refusal. And em•
powering Jusuces in Session, on such appeal, to grant the Li•
cence.

Requiring previous notice to be given of applications for Li•
ceneer for howes in certain MISC.,. _

—.......—
Regulating the manner of petilioninj against applications for
I.icences.

Empowering Justices in Sessions to hear matters of Petitions
against ars licauon s.
Empowering County Magistrates to grant Licences in Corpo-
rate Towns, d.c.
Justicesinterated not to act in execution of the Powers of this
Act.
Certain contracts by Victuallers to be void.
Recovery and application of pcnalues.
Excepting the City of !Amnion.
Saving C barters and Pi ivileges.