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Author Topic: 19th Century Bankruptcy Law  (Read 3248 times)

Offline Kiki1958

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19th Century Bankruptcy Law
« on: Wednesday 13 July 11 00:31 BST (UK) »
I have a collateral ancestor, Thomas Henry Hignell, who was mentioned in The Bristol Mercury as being summoned for a hearing on his bankruptcy.  Does this mean Thomas got a hold of some money, but ran up debts, or made unwise investments in 1863/4? 

I don't think he spent much time in Debtors' prison, and I do not know what procedures were followed in 1860's Monmouthshire.  Would anybody know a good website on 19th century UK bankruptcy law?

Hopelessly Confused in Brooklyn , NY

Offline Morganllan

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Re: 19th Century Bankruptcy Law
« Reply #1 on: Saturday 23 July 11 00:45 BST (UK) »
Hello  :)

Debtors' Act of 1869 abolished imprisonment for debt, altho debtors who did not pay a debt when they had the means could still be incarcerated for up to six weeks.

There's a useful article here:

http://en.wikipedia.org/wiki/UK_insolvency_law

Kind Regards
Morgan

Offline behindthefrogs

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Re: 19th Century Bankruptcy Law
« Reply #2 on: Saturday 23 July 11 10:27 BST (UK) »
It is worth looking in the London Gazette which will probably document the various stages of his bankruptcy

http://www.gazettes-online.co.uk/
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Offline Kiki1958

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Re: 19th Century Bankruptcy Law
« Reply #3 on: Saturday 23 July 11 12:33 BST (UK) »
Thank you Morgan and Behind The Frogs:  I will check out both links today.

It surprised me that one of the Hignells landed in Bankruptcy court; my 3rd great grandfather was a dock worker; his sister was Sextoness of Trinity Church in Pill, Newport.  None of the Hignells seemed to have any money.

I am on a steep learning curve, so I appreciate your help

Offline avrilw

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Re: 19th Century Bankruptcy Law
« Reply #4 on: Monday 15 August 11 19:48 BST (UK) »
Hi
I used to work in County Courts which deal with bankruptcy and can vaguely remember what happened pre 1986 when the rules were changed.  Up till then the bankrupt had to attend court for what was known as a 'public examination'. Basically they were questioned by The Official Receiver ( person who would sort out the affairs of the bankrupt) so he could find out what had happened i.e. had they been in business, had they been fiddling, had they just been useless with money and spent it?  Gambling played a big part too. You may be able to find out more from the Insolvency Service web site, as I believe public examinations can still take place in certain circumstances.
Avril
 :)
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