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

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

Provisions

Section 69 of the act abolished the distinction between traders and non traders, so both could apply for

bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...

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

Short title, commencement and extent

Section 231 of the act provided that the act would not extend

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

and

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

unless expressly provided. 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. Section 232 of the act provided that the act may be cited as "The Bankruptcy Act, 1861".

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The whole act was repealed by section 20 of the Bankruptcy Repeal and Insolvent Court Act 1869 ( 32 & 33 Vict.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

The act 25 & 26 Vict. c. 99, sometimes called the Bankruptcy Amendment Act 1862, the Bankruptcy Act (1861) Amendment Act or the Bankruptcy Act 1862, was an act of the

. The bill for this act was called the Bankruptcy Act (1861) Amendment Bill. Section 4 of the act is said to have been one of the County Courts Acts 1846 to 1887. The act, except section 4, was repealed by section 20 of, and the schedule to, the Bankruptcy Repeal and Insolvent Court Act 1869 ( 32 & 33 Vict.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.The Public General Statutes, pp 385
386

Notes

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 Chronicl
208
(1862) 2 Law Students' Examination Chronicl
49
{{reflist, 2 United Kingdom Acts of Parliament 1861 Repealed United Kingdom Acts of Parliament Insolvency law of the United Kingdom Bankruptcy in England and Wales

Provisions

Short title, commencement and extent

Legacy

Bankruptcy Amendment Act 1862

See also

Notes

References