Bankruptcy Act 1861

Bankruptcy Act 1861 ^[a]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law relating to Bankruptcy and Insolvency in England.
Citation	24 & 25 Vict. c. 134
Territorial extent	England and Wales [b]
Dates
Royal assent	6 August 1861
Commencement	6 August 1861 as to the appointment of the officers thereby authorised to be appointed. 11 October 1861 as to all other matters and things. [c]
Repealed	1 January 1870
Other legislation
Amended by	Bankruptcy Amendment Act 1862
Repealed by	Bankruptcy Repeal and Insolvent Court Act 1869
Relates to	Bankrupt Law Consolidation Act 1849
Status: Repealed
Text of statute as originally enacted

The Bankruptcy Act 1861 (24 & 25 Vict. c. 134) was an act of the Parliament of the United Kingdom.

Provisions

Section 69 of the act abolished the distinction between traders and non traders, so both could apply for bankruptcy. ^[1]

Section 199 of the act provided that any petition presented after another deed (for example a deed of arrangement with creditors) could be stayed. ^[1]

Short title, commencement and extent

Section 231 of the act provided that the act would not extend Scotland and Ireland unless expressly provided. ^[1]

Section 232 of the act provided that the act would come into force on 6 August 1861 as to the appointment of the officers thereby authorised to be appointed and on 11 October 1861 as to all other matters and things. ^[1]

Section 232 of the act provided that the act may be cited as "The Bankruptcy Act, 1861". ^[1]

Legacy

The whole act was repealed by section 20 of the Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict. c. 83).

Bankruptcy Amendment Act 1862

Bankruptcy Amendment Act 1862

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Bankruptcy Act (1861).
Citation	25 & 26 Vict. c. 99
Territorial extent	United Kingdom
Dates
Royal assent	7 August 1862
Commencement	7 August 1862 [d]
Repealed	1 January 1889
Other legislation
Amends	Bankruptcy Act 1861
Amended by	Bankruptcy Repeal and Insolvent Court Act 1869
Repealed by	County Courts Act 1888
Status: Repealed
Text of statute as originally enacted

The act 25 & 26 Vict. c. 99, ^[2] sometimes called the Bankruptcy Amendment Act 1862, ^[3] the Bankruptcy Act (1861) Amendment Act ^[4] or the Bankruptcy Act 1862, ^[5] was an act of the Parliament of the United Kingdom. The bill for this act was called the Bankruptcy Act (1861) Amendment Bill. ^[6] Section 4 of the act is said to have been one of the County Courts Acts 1846 to 1887. ^[7]

The act, except section 4, was repealed by section 20 of, and the schedule to, the Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict. c. 83) with savings in section 20. Section 4 was repealed by section 188 of, and the schedule to, the County Courts Act 1888 (51 & 52 Vict. c. 43), subject to a proviso in section 188. ^[8]

See also

• UK insolvency law
• UK bankruptcy law
• History of bankruptcy law

Notes

1. Section 232.
2. Section 231.
3. Section 232.
4. The Acts of Parliament (Commencement) Act 1793.

References

• William Hazlit and Henry Philip Roche. The Bankruptcy Act, 1861, Incorporating So Much as Remains in Force of the Bankrupt Law Consolidation Act, 1849, and of the Bankruptcy Act, 1854. V and R Stevens and Sons. H Sweet and W Maxwell. London. 1861. Google Books.
• Griffith, William Downes (ed). The Bankruptcy Act, 1861, and General Orders in Bankruptcy. H Sweet. London. 1862. Google Books.
• Thomas Edlyne Tomlins. The New Bankruptcy Act (23 & 24 Vic. Cap. 134) Complete; with an Analysis of Its Enactments; the Unrepealed Clauses of the Act of 1849, Shewing Their Application to the New Act, 1861; and an Index. Hodson and Son. London. 1861. Google Books.
• Nicol, Henry. The Bankruptcy Acts, 1849, 1854 and 1861. H Sweet. London. 1861. Google Books.
• Guest, John. The Bankruptcy Act, 1861: (County Courts): A Summary of the New Practice of the County Courts in Bankruptcy. Simpkin and Marshall. Stevens, Sons and Haynes. London. S B Howell. Birmingham. 1862. Google Books.
• John Peter de Gex and Richard Horton Smith. Second Supplement to Arrangements Between Debtors and Creditors Under the Bankruptcy Act, 1861. Stevens and Sons. London. 1869. Google Books.
• Shelford, Leonard. The Law of Bankruptcy and Insolvency, Comprising the Statutes Now in Force on Those Subjects, Methodically Arranged, and the Reported Cases Thereon to the Present Time. Third Edition. William Maxwell. London. Hodges, Smith & Co. Dublin. 1862.
• Griffiths, William Downes. The Law and Practice in Bankruptcy. 1867. Volume 1. 1869. Volume 2.
• The Law Reports. Digest of Cases. 1892. Volume 2. Cols 266, 267 271 et seq (allowance and annulment), 281 et seq (appeal), 323, 324, 354 et seq (discharge), 415 et seq (jurisdiction), 591, 592, 1705 et seq (creditor's deed).
• "New Bankruptcy Act" (1861) 1 Law Students' Examination Chronicle 208; (1862) 2 Law Students' Examination Chronicle 49

1. "The Bankruptcy Act 1861", legislation.gov.uk , The National Archives, Vict/24-25 c. 134
2. A Collection of the Public General Statutes passed in the Twenty-fifth and Twenty-sixth Years of the Reign of Her Majesty Queen Victoria. Printed by George Edward Eyre and William Spottiswoode, Printers to the Queen's most Excellent Majesty. 1862. p 1021. Rickards, George Kettilby. The Statutes of the United Kingdom of Great Britain and Ireland, 25 & 26 Victoria, 1862. p 565. The Statutes of the United Kingdom of Great Britain and Ireland. Volume 25, Part 2. p 868.
3. George Pitt-Lewis and Charles Arnold White. The Yearly County Court Practice 1912. Butterworth & Co. Shaw & Sons. London. 1912. Page xvii. See also pages 6 and 186 and other editions. Google Books.
4. Paterson, William (ed). The Practical Statutes of the Session 1862. John Crockford. Wellington Street, Strand, London. 1862. Pages viii, 353 and 355
5. Current Law Statutes Annotated 1992. Sweet & Maxwell. 1992. Volume 4. Page 14.
6. "Bankruptcy Act (1861) Amendment Bill". (Bill 223). Index to Hansard's Parliamentary Debates, in the Fourth Session of the Eighteenth Parliament of the United Kingdom, 25 & 26 Victoria, 1862.  See Bill 223 (22 July 1862). Bills, Public. Session 6 February - 7 August 1862. Volume 1.
7. The Law Reports. The Public General Statutes. Volume 25. 1888. p 589.
8. The Public General Statutes, pp 385 & 386.