West Horsley bankruptcy

[LostSheep2]

I'm looking for information on Francis Bowman b.1732, Alford, Surrey. He married Jane Ireland in 1761 in Great Bookham, occupation miller. The exploring surrey's past archive document 'WINDMILL AND LAND AT WEST HORSLEY: DEEDS, 1699 -1815' shows that he lived in West Horsley between 1764 and 1770 at which point he became bankrupt.

My question is what become of Francis Bowman after 1770? Would he had gone to prison and what would have become of his family. At that time he would have had 3 children William b.1762, Ann b.1764 and Jane b.1767.

Thanks 

[LostSheep2]

Sorry, I meant to ask, does anyone have access to the Surrey Poor Law database to check if the Bowman family are mentioned there. Any help on where to look next will be much appreciated.

Thanks again

[bdmayes]

There is no mention of Francis Bowman in the Surrey Poor Law records.

Brian

[Valda]

Hi

Unless the bankruptcy caused him to have personal debts he would not have gone to prison. Only insolvent debtors went to debtor's prison.

'Until 1841, the legal status of being a bankrupt was confined to traders owing more than £100. Debtors who were not traders did not qualify to become bankrupt, but remained “insolvent debtors”; responsible for their debts, but unable to pay them. They remained subject to common law proceedings and indefinite imprisonment, if their creditors so wished. The legal definition of a trader came to mean all those who made a living by buying and selling, which in due course also embraced skilled craftsmen who worked on various materials. However, farmers were specifically excluded. It was better to be a bankrupt, than an “insolvent debtor” and as a result, debtors would give misleading general descriptions of their occupations.'


Further information here.

http://www.debt-collections.co.uk/history.shtml


Bankruptcy didn't necessarily mean the family were thrown into the poor law system.

'Bankruptcy discharges the debts once and for all, up to the time of the bankruptcy, and if there are sufficient assets, the supervisor in bankruptcy will distribute funds raised as a dividend.'


Regards

Valda

[LostSheep2]

Thanks for the information.

I attach links to the London Gazette in case anyone else is looking for the same

Commission of bankrupt: Gazette Issue 10882 published on the 1 November 1768. Page 3 of 4
 (http://www.london-gazette.co.uk/issues/10882/pages/3)
 
Certificate of bankrupt:    Gazette Issue 10896 published on the 20 December 1768. Page 4 of 4
 (http://www.london-gazette.co.uk/issues/10896/pages/4)