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Bankruptcy Repeal and Insolvent Court Act 1869

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Act of the Parliament of the United Kingdom

Bankruptcy Repeal and Insolvent Court Act 1869
Act of Parliament
Long titleAn Act to provide for the winding-up of the business of the late Court for the Relief of Insolvent Debtors in England, and to repeal Enactments relating to Insolvency, Bankruptcy, Imprisonment for Debt, and matters connected therewith.
Citation32 & 33 Vict. c. 83
Introduced byRobert Collier MP (Commons)
Territorial extent United Kingdom
Dates
Royal assent9 August 1869
Commencement1 January 1870[a]
Repealed22 September 1893
Other legislation
AmendsSee§ Repealed enactments
Repeals/revokesSee§ Repealed enactments
Relates to
Status: Repealed
Text of statute as originally enacted

TheBankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict. c. 83) was anact of theParliament of the United Kingdom that amended and repealed enactments related tobankruptcy in England and Wales.

Background

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TheBankruptcy Act 1869 (32 & 33 Vict. c. 71), passed at the same time as this act, amended and consolidated enactments related tobankruptcy in England and Wales.

Passage

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Leave to bring in the Insolvent Debtors and Bankruptcy Repeal Bill to theHouse of Commons was granted to theattorney general,Robert CollierMP and thesolicitor general,Sir John ColeridgeMP on 11 May 1869.[1] The bill had itsfirst reading in theHouse of Commons on 28 May 1869, presented by theattorney general,Robert CollierMP.[1] The bill had itssecond reading in theHouse of Commons on 18 June 1869 and was committed to acommittee of the whole house,[1] which met on 22 June 1869 and 25 June 1869 and reported on 25 June 1869, with amendments.[1] The amended bill was re-committed to acommittee of the whole house,[1] which met on 9 July 1869 and reported on 12 July 1869, with amendments.[1] The amended bill had itsthird reading in theHouse of Commons on 13 July 1869 and passed, without amendments.[1]

The bill had itsfirst reading in theHouse of Lords on 15 July 1869.[2] The bill had itssecond reading in theHouse of Lords on 29 July 1869 and was committed to acommittee of the whole house,[2] which met and reported on 30 July 1869, with amendments.[2] The amended bill had itsthird reading in theHouse of Lords on 3 August 1869 and passed, with amendments.[2]

The amended bill was considered and agreed to by theHouse of Commons on 5 August 1869.[1]

The bill was grantedroyal assent on 9 August 1869.[2]

Provisions

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Repealed enactments

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Section 20 of the act repealed 37 enactments, listed in the schedule to the act.

CitationShort titleDescriptionExtent of repeal
13 Edw. 1. (Stat. West. 2.). c. 11Accountants Act 1285The masters remedy against their servants and other accomptants.The whole act.
25 Edw. 3. Stat. 5. c. 17Process of Exigent Act 1351Process of exigent in debt, detinue, and replevin.The whole act.
12 Geo. 1. c. 29Frivolous Arrests Act 1725An Act to prevent frivolous and vexatious arrests.Sections one and two.
19 Geo. 3. c. 70Inferior Courts Act 1779An Act for extending the provisions of an Act made in the twelfth year of the reign of King George the First, intituled an Act to prevent frivolous and vexatious arrests; and for other purposes.Sections one, two, and three, and so much of section four as relates to execution against the person of defendant, and to detaining defendant.
43 Geo. 3. c. 46Parish Apprentices Act 1802An Act for the more effectual prevention of frivolous and vexatious arrests and suits, and to authorize the levying of poundage upon executions in certain cases.Sections one, two, three, and six, so far as they relate to England.
48 Geo. 3. c. 123Discharge of Certain Imprisoned Debtors Act 1808An Act for the discharge of debtors in execution for small debts from imprisonment in certain cases.The whole act.
52 Geo. 3. c. 144Members of Parliament (Bankruptcy) Act 1812An Act to suspend and finally vacate the seats of members of the House of Commons, who shall become bankrupts, and who shall not pay their debts in full within limited time.Except so far as it relates to Scotland and Ireland.
1 & 2 Geo. 4. c. 115Bankruptcy Court Act 1821An Act to repeal so much of an Act of the fifth year of the reign of His late Majesty King George the Second, relating to bankrupts, as requires the meetings under commissions of bankrupt to be holden in the Guildhall of the city of London, and for building offices in the said city for the meetings of the commissioners, and for the more regular transaction of business in bankruptcy.The whole act.
7 & 8 Geo. 4. c. 71Imprisonment for Debt Act 1827An Act to prevent arrests upon mesne process where the debt or cause of action is under twenty pounds, and to regulate the practice of arrests.Except section six.
11 Geo. 4 & 1 Will. 4. c. 70Law Terms Act 1830An Act for the more administration of justice in England and Wales.Sections twenty-one and twenty-two.
1 & 2 Will. 4. c. 56Bankruptcy Court (England) Act 1831An Act to establish court in bankruptcy.The whole act.
2 & 3 Will. 4. c. 39Process in Courts of Law at Westminster Act 1832An Act for uniformity of pro- cess in personal actions in His Majesty’s courts of law at Westminster.Sections one to ten, both inclusive.
2 & 3 Will. 4. c. 114Bankruptcy (England) Act 1832An Act to amend the laws relating to bankrupts.The whole act.
3 & 4 Will. 4. c. 84Lord Chancellor's Offices Act 1833An Act to provide for the performance of the duties of certain offices connected with the Court of Chancery which have been abolished.Section nine.
5 & 6 Will. 4. c. 29Bankruptcy Act 1835An Act for investing in Government securities portion of the cash lying unemployed in the Bank of England belonging to bankrupts estates, and applying the interest thereon in discharge of the expenses of the Court of Bankruptcy, and for the relief of the suitors in the said court, and for removing doubts as to the extent of the powers of the Court of Review and of the subdivision courts.The whole act.
6 & 7 Will. 4. c. 27Bankruptcy Act 1836An Act for investing in Government securities further portions of the cash lying unemployed in the Bank of England belonging to bankrupts estates.The whole act.
1 & 2 Vict. c. 110Judgments Act 1838An Act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors and for amending the laws for the relief of insolvent debtors in England.Sections one to ten, both inclusive. So much of section eighteen as relates to orders of the Lord Chancellor or of the Court of Review in matters of bankruptcy, and sections twenty-three to one hundred and twenty-three, both inclusive
2 & 3 Vict. c. 39Insolvent Debtors Act 1839An Act to amend an Act passed in the last session of Parliament for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors; and for amending the laws for the relief of insolvent debtors in England.The whole act.
5 & 6 Vict. c. 122Bankruptcy Act 1842An Act for the amendment of the law of bankruptcy.The whole act.
7 & 8 Vict. c. 70Debtors and Creditors Act 1844An Act for facilitating arrangements between debtors and creditors.The whole act.
7 & 8 Vict. c. 96Execution Act 1844An Act to amend the law of insolvency, bankruptcy and execution.Sections one to fifty-nine, both inclusive,
8 & 9 Vict. c. 127Small Debts Act 1845An Act for the better securing the payment of small debts.Sections one to seven, both inclusive, and section fifteen.
9 & 10 Vict. c. 95County Courts Act 1846An Act for the more easy recovery of small debts and demands in England.Sections ninety-eight to onc hundred and one, both inclusive.
10 & 11 Vict. c. 102Bankruptcy, etc. Act 1847An Act to abolish the Court of Review in Bankruptcy, and to make alterations in the jurisdictions of the Courts of Bankruptcy and Court for Relief of Insolvent Debtors.The whole act.
11 & 12 Vict. c. 77Insolvent Debtors, Court Act 1848An Act to authorize the application of part of the unclaimed money in the Court for the Relief of Insolvent Debtors in enlarging the court-house of the said court.The whole act.
12 & 13 Vict. c. 106Bankrupt Law Consolidation Act 1849The Bankrupt Law Consolidation Act, 1849.The whole act.
14 & 15 Vict. c. 52Absconding Debtors Arrest Act 1851An Act to facilitate the more speedy arrest of absconding debtors.The whole act.
14 & 15 Vict. c. 83Court of Chancery Act 1851An Act to improve the administration of justice in the Court of Chancery, and in the Judicial Committee of the Privy Council.Section seven, and section ten as far as it relates to matters of bankruptcy.
15 & 16 Vict. c. 77Bankruptcy Act 1852An Act to abolish the office of Lord Chancellor’s secretary of bankrupts, and to regulate the office of chief registrar of the Court of Bankruptcy.The whole act.
16 & 17 Vict. c. 81Bankruptcy Court Act 1853An Act to reduce tho salary and emoluments of the registrar of meetings of the Court of Bankruptcy.The whole act.
17 & 18 Vict. c. 119Bankruptcy Act 1854The Bankruptcy Act, 1854.The whole act.
18 & 19 Vict. c. 15Judgments Act 1855An Act for the better protection of purchasers against judgments, Crown debts, cases of lis pendens, and life annuities or rent-charges.Section ten.
22 & 23 Vict. c. 57County Courts Act 1859An Act limiting the power of imprisonment for small debts exercised by the county court judges.The whole act.
23 & 24 Vict. c. 147Debtors and Creditors Act 1860An Act to amend the seventh and eighth Victoria, chapter seventy.The whole act.
24 & 25 Vict. c. 134Bankruptcy Act 1861The Bankruptcy Act, 1861.The whole act.
25 & 26 Vict. c. 99Bankruptcy Amendment Act 1862An Act to amend the Bankruptcy Act, 1861.Except section four.
31 & 32 Vict. c. 104Bankruptcy Amendment Act 1868An Act to amend the Bankruptcy Act, 1861.The whole act.

Short title, commencement, extent

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Section 1 of the act provided that the act may be cited as "The Bankruptcy Repeal and Insolvent Court Act, 1869"[3]

Section 2 of the act provided that the act would come into force on the same day as theBankruptcy Act 1869 (32 & 33 Vict. c. 71).[b]

Legacy

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The whole act was repealed by section 1 of, and the first schedule to, theStatute Law Revision (No. 2) Act 1893 (56 & 57 Vict. c. 54).

Notes

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  1. ^Section 2. See section 3 of theBankruptcy Act 1869 (32 & 33 Vict. c. 71).
  2. ^1 January 1870. See section 3 of theBankruptcy Act 1869 (32 & 33 Vict. c. 71).

References

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  1. ^abcdefghCommons, Great Britain House of (1869).The Journals of the House of Commons(PDF). Vol. 124. pp. 195, 212, 225, 234, 245, 252, 261,267–268, 280, 284, 288, 292, 301, 307, 309, 314, 317, 325, 328, 391, 395, 400, 412.
  2. ^abcdeLords, Great Britain Parliament House of (1869).The Journals of the House of Lords. Vol. 101. H.M. Stationery Office. pp. 489, 493, 534, 538, 546, 555, 561, 571, 577.
  3. ^"Bankruptcy Repeal and Insolvent Court Act 1869",legislation.gov.uk,The National Archives, Vict/32-33 c. 83
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