The National Register.
London, England, 1819-05-24 00:00:00

ABSTRACT OF THE NEW INSOLVENT BILL.

The new Insolvent Debtors' Bill authorises his Majesty to
appoint three Barristers, of six years' standing at the least, to be
Commiaeloners for the Relief of Insolvent Debtors. It is to be
a Court of Record. The Commissioners are to appoint a Chief
Clerk, four Assistant Clerks, and a provisional Assignee; they
shall have power to compel the attendance of wit neeees. the re-
duction of books, papers, and wri ;ngs, and of committing for
contempt ; as well as of fining their °faeces for negligence or
de lot.
The said Commissioners, Chief Clerk and other officers to take
no fee, money, gratuity or reward from any minor; nor shall
any part of the proceedings be liable to stamp or other du.y
whatever.
Any person in custody for debt for fourteen days, may apply
for their discharge. The petition to contain a schedule of their
debts, as well as of all the effects, real and personal, in possession,
reversion or expectancy ; and of all debts ow tne to them.
In case any person shall have been in custody en Trieste pro-
cess for nine months, without claiming the benefit of this Act—
or shell have been charged in execution upon a judgment—it
shall he lawful for any one creditor to the amount of pounds,
o: for any two to the summit of , to apply by petition to
the said Court, and such prisoner shall be compelled to sur. '
render his or her property for the benefit of all the creditors ; anti
the same forms and conditions shall be observed its in the case of
a voluntary application for relief. In case any person shall refuse
so deliver su:li schedule of their effects, &ce the Court shall be
empowered to imprison them in the common gaol or house of
correction. o:ere to be kept to herd labour, until he shall submit
himself to the said' Court.
All the estate of a prisoner, real, as well frreliold and copylsold,
as customary. and all personal effects and debts, except wearing
apparel. bedding, kr. shall be vested in the Plosieional Assignee,
an allowance to b: made by such Assignee 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 shall appoint a day fur
the creditors to appear before one of the said Commissioners.
within one calendar month, to prove their respective debts, and
so cluxsie an As Ltnee or Assignees ; and there is a provisren Ibe
veryfying the debts of creditors at a distance., or abroad. T:
Assignee or Asrignees, chosen by the majority in value of the
creditors. shall keep books of assets received, to which all the
creditors shall have free access.
The Commissioners to be authorised to compel witnesses to
attend to prove or disprove debts, and examine them on oath,
and allow or disallow ; claims not satisfactorily proved, an appeal
to be from the decision of one Commissioner to the Court, winch
shall finally determine the same. And in case a creditor shall
neglect to prove his debt, he shall ever be debarred from recover.
Mg the same.
The one Commissioner who shall have to examine the schedule,
and the truth of the statements therein, as well as the manner in
w'lich the debts were contracted, and if the debtor shall have put
hie creditor, to unnecessary exposer by vexatious or frivolous
definer, &e. such Commissioner shall report the same to the

The Provisional Assignees shall make over to the Assignees
chosen by the creditors all the estate and effmts of the prisoner.
The A isignees appointed by the creditors to be authorised to sue
fur, and recover the debts, &c. And there is a clause to oblige
the debtor to execute discharges, &c. They shall make sale of
all the effects upon true notice in the Gazette and two Newspapers,
&c. ; and the Assignee,. at the end of three months, shalt make
a just dividend of all the funds that shall have come into their
has Mortgages made prior to the tiling of the schedule not to
be subject to the Assignees.
Where debtors are tenants on estates for life, with power to
grant leases, the saute 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, tne Court shall arrest and commit
them to gaol, without bait or mainprize, until they account for
the proceeds of tl.e estate.
On the final examination of a prisoner. creditors whose debts
have been allowed may put questions to loin touching the matters
in his petition, and such other matters as the Court shall judge
to be fit and limper to inquire into. If the prisoner shall answer
satisfactorily, the Court shall order hi- discharge at the end of
six months from the date of the commitment. If the opposition
shall be deemed frivolous and vexatious, costs to be granted to
him. But if it shall appear that the prisoner has contracted any
of his debts fraudulently, without having any reasonable wino-
bable expectation of paying the same, the Court shall extend the
tirm of confinement from six months to a period not exceedingthre•
years ; and in case the prisoner shall have put any of his creditors
to unnecessary expence by vexatious or frivolous dcfince to any
action, when his confinement may be extended to any period not
exceeding twelve months; or if he sludl have fraudulently and
wilfully omitted in his schedule cfferu to the amount of 20f. then
he shall not be discharged under a period not exceeding nine
months.
There are provisions fur examinations at the Quarter Sessions
of Counties and Ridings in furtherance of this Act; the Magis•
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
pr:soncr from custody, provided that such prisoner shall not have
contracted any of the debts fraudulently.
On the discharge of a prisoner, judgment shah be entered up in
one of the superior Coto ts—and in case his debts shall not exceed
5001. then the judgment shall be entered up fur a less sum, if a
petition to that effsct shall be presented to the Court by three
fourths in number and value of the creditors.
Prisoners who shall take a false oath to incur the penalties of
ptry.
n case any person discharged shall some into the possession of
any Stock in the Public Funds, which the judgment entered up
could not touch, the Assignees may apply to the Count, setting
forth the case, and the Court may remand the debtor to custody,
in the actual gaol, not rules or liberties, until he shall surrender
such Finuls.
None hut Attomies or Solicitors in the superior Courts, to be
allowed to act in this Court.
The sum of three slid:logs. and no more, to he paid for the
insertion of notices in newpai era. The names of all petsous