Bankruptcy - help decipher an entry

[dawnsh]

Hi all

I have just found an entry on Ancestry in the Kings Bench & Fleet Prison Discharge books & Prisoner lists.

Could someone in the know interpret the details on the right side of the image with regards to George Wheeler and Sarah Garnett, who wasn't his wife, maybe his mother?

It's an entry from 1834

Thanks

[Billyblue]

ats  George Wheeler by Order of the Court for the relief of Insolvent Debtors

ats Sarah Garnett by Warr ^t (Warrant) of this ?Mtty  ?Magistry?

I think ats in this instance means 'At the Suit of'
Google says it's a legal term meaning the lawyer wants his client's name to appear first in a list.

Dawn M

[Bookbox]

ats Sarah Garnett by Warr ^t (Warrant) of this ?Mtty  ?Magistry?

... by Warr(an)t of Pl(ain)t(iff)’s Att(orne)y

ADDED -- in other words, he was discharged on the second count because the plaintiff (Sarah Garnett) instructed through her attorney that he should be released from his debt at that time.

[dawnsh]

Thank you both.

Trying to find out more about the bankruptcy now if I can.

[Bookbox]

The standard research guide is here ...
http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/bankrupts-insolvent-debtors/#3-insolvent-debtor-records-c1792-c1869

Do you have evidence that he was actually bankrupt at this time? If not, as a prisoner in the Fleet, he’s likely to have been an insolvent debtor engaged in the process of petitioning for bankruptcy. Before 1869, when the laws changed, petitioning for bankruptcy was a common route taken by insolvent debtors in an attempt to avoid imprisonment or (if already too late!) to gain their release from prison.

Only bona fide traders could be discharged bankrupt and escape their debts. Other debtors would theoretically remain in prison until their creditors were paid, either by them or by someone on their behalf, or until their creditors allowed their release. For the creditor, the release of the debtor from prison might offer the best chance of getting paid, since it could be hard for a debtor to raise funds whilst inside.

The research guide gives more information, but there are relatively few records.

[dawnsh]

So, I've got this from the London Gazette

https://www.thegazette.co.uk/London/issue/19138/page/530/data.pdf

and clippings from Perrys Gazette and the Public Ledger and Advertiser from the British Newspaper Archive.

There's an 1831 insurance policy entry in the LMA catalogue.

But no entry in Elwicks 1843 Bankrupts Directory

I'm going round in circles

[Bookbox]

So, I've got this from the London Gazette

https://www.thegazette.co.uk/London/issue/19138/page/530/data.pdf

and clippings from Perrys Gazette and the Public Ledger and Advertiser from the British Newspaper Archive.

There's an 1831 insurance policy entry in the LMA catalogue.

But no entry in Elwicks 1843 Bankrupts Directory

I'm going round in circles

From what you’ve posted, I see no evidence that he was bankrupt. If he had been, you would expect at least two or three more notices in the Gazette (2nd/3rd examination, appointment of an assignee, etc.). As you say, there is no entry in Elwick. The entry in Perry’s dates from March 1843, and is for George Garnett petitioning as a creditor of Richard and John Blackburn, so apparently unrelated to this 1834 case.

I suggest this may be the sequence of events in 1834.

He got into debt, couldn’t pay, and was imprisoned in the Fleet as an insolvent debtor. In an attempt to escape from his debts, he petitioned from inside the Fleet for bankruptcy (common enough practice), or perhaps even before he was admitted.

When his petition for bankruptcy came up for hearing at the Court of Insolvent Debtors in April 1834, it was opposed (Morning Post and Morning Chronicle, both 11 April 1834). This might suggest that his creditors claimed that he had sufficient assets to pay his debts and therefore shouldn’t be discharged bankrupt.

So on the same day, 11 April, he was released from the Fleet by order of the Court (in respect of his debt to George Wheeler) and by warrant of plaintiff’s attorney (in respect of his debt to Sarah Garnett).

Once outside prison, he would normally have been expected to raise the funds to pay these creditors and any others, or find someone else who would pay on his behalf -- unless they had decided to let him off.

So I don't think he was bankrupted at this period.

It's just a suggested scenario. Others might see it differently.

[dawnsh]

Hi Bookbox

Thanks for taking the time to set out a possible scenario. It's been really helpful.

Will carry on rummaging but realise I may not find out anymore.

Dawn