Bankruptcy Act 1861

Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia

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

Long titleAn Act to amend the Law relating to Bankruptcy and Insolvency in England.
Territorial extentEngland and Wales[b]
Royal assent6 August 1861
Quick facts Long title, Citation ...
Bankruptcy Act 1861[a]
Act of Parliament
coat of arms
Long titleAn Act to amend the Law relating to Bankruptcy and Insolvency in England.
Citation24 & 25 Vict. c. 134
Territorial extent England and Wales[b]
Dates
Royal assent6 August 1861
Commencement
  • 6 August 1861 as to the appointment of the officers thereby authorised to be appointed.
  • 11 October 1861 as to all other matters and things.
[c]
Repealed1 January 1870
Other legislation
Amended byBankruptcy Amendment Act 1862
Repealed byBankruptcy Repeal and Insolvent Court Act 1869
Relates toBankrupt Law Consolidation Act 1849
Status: Repealed
Text of statute as originally enacted
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Provisions

Section 69 of the act abolished the distinction between traders and non traders, so both could apply for bankruptcy.[1]

Section 199 of the act provided that any petition presented after another deed (for example a deed of arrangement with creditors) could be stayed.[1]

Short title, commencement and extent

Section 231 of the act provided that the act would not extend to Scotland and Ireland unless expressly provided.[1]

Section 232 of the act provided that the act would come into force on 6 August 1861 as to the appointment of authorised officers, and on 11 October 1861 as to all other matters. It also enacted that the statute may be cited as "The Bankruptcy Act, 1861".[1]

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The whole act was repealed by section 20 of the Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict.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

The act 25 & 26 Vict. c. 99,[2] sometimes called the Bankruptcy Amendment Act 1862,[3] the Bankruptcy Act (1861) Amendment Act[4] or the Bankruptcy Act 1862,[5] was an act of the Parliament of the United Kingdom. The bill for this act was called the Bankruptcy Act (1861) Amendment Bill.[6] Section 4 of the act is said to have been one of the County Courts Acts 1846 to 1887.[7]

The act, except section 4, was repealed by section 20 of, and the schedule to, the Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict.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.[8]

See also

Notes

  1. Section 232.
  2. Section 231.
  3. Section 232.

References

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