1816: 56 George 3 c.102: An Act to amend the Act of the Fifty-third Year of His present Majesty, intituled An Act for the Insolvent Debtors in England; and to give further Powers to the Court appointed by the said Act.
[1st July 1816.]
WHEREAS an act passed in the fifty-third year of His present Majesty’s reign,
intituled An Act for the Relief of Insolvent Debtors in England; and it is expedient to amend the said act, and to distinguish between the cases of such insolvent debtors who shall have been guilty of gross injustice towards their creditors, and the cases of those who shall not have so conducted themselves; be it therefore enacted and declared 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,
[In case prisoner has acted with gross Injustice, &c. he shall not be entitled to his discharge, unless the whole of the creditors consent.]
that from and after the passing of this act, if it shall appear to the Court established by virtue of the said recited act, upon the examination of an prisoner, or otherwise, that such prisoner has acted with gross injustice towards his or her creditor or creditors, either in contracting any debts, or entering into any engagements, without any fair prospect or probable means of paying such debts, or fulfilling such engagements, or by squandering or otherwise improperly disposing of his or her monies, effects, or other property, which he or she might have applied in paying such debts or fulfilling such engagements, either wholly or in part, such prisoner shall not be entitled to his or her discharge by virtue of the said recited act, unless the whole of the creditors of such prisoner shall consent to his or her discharge, or such prisoner shall have been confined within the walls of any prison for the space of five years, to be computed from the time when such prisoner shall have applied for his or her discharge.
[Prisoner to make a declaration,that he is willing to be examined touching the justice of his conduct.]
II. And be it further enacted, that in every notice directed to be given by the said recited act, by any prisoner, to his or her creditor or creditors, such prisoner shall declare that he or she is ready and willing to submit to be fully examined touching the justice of his or her conduct to his or her creditor or creditors.
[Prisoner not to be examined by justices out of session.]
III. And be it further enacted, that from and after the passing of this act it shall not be lawful for the said Court to order that any prisoner shall be examined at any session of the peace for the counties of Middlesex or Surrey, or for the cities or liberties of London and Westminster, or by any one or more justice or justices of the peace, out of session, or for any county, riding, division or place whatsoever.
[Quarter sessions shall examine prisoner;]
IV. And be it further enacted, that the Court established by virtue of the said recited act, and the courts of quarter sessions, shall examine each and every prisoner touching the justice of his or her conduct towards his or her creditor or creditors.
[and declare In open Court whether he has acted with injustice or not.]
V. And be it further enacted, that the Courts of quarter sessions for any county, riding, division or place, at which any prisoner shall be examined, shall declare in open Court whether such prisoner has acted with gross injustice towards his or her creditor or creditors, or not, and shall also certify their determination thereon to the Court established by virtue of the said recited act.
[Prisoner not to be examined but at the quarter session of which he shall have given notice to his creditors.]
VI. Provided always, and be it further enacted, that no prisoner hereafter shall be entitled to be examined under the provisions of the said recited act at any quarter sessions except at such quarter sessions for such county, division, riding, or place, and at such time, whereof he shall have given notice to each and every of his or her creditors; and no prisoner, who shall not appear to be examined pursuant to such notice, shall he brought up before any Court to be examined without having given the like notice at least six months previous to the time at which bear she shell: appear in order to be examined.
[Not to repeal former acts, except as herein excepted.]
VII. Provided always, that nothing in this act contained shall extend to repeal or alter, any of the powers or provisions of the said recited act, or of another act passed in the fifty-fourth year of His Majesty’s reign,
intituled An Act to amend an Act of the Fifty-third Year of His Majesty’s Reign, for the Relief of Insolvent Debtors in England, further than any of the powers or provisions in the said acts are hereby expressly repealed or altered respectively.
Source: Nicholls, The Practice of the Court of Relief for Insolvent Debtors, 4th ed.