Great Britain -- Social life and customs -- 19th century
In bankruptcy, a severity which was simply ferocious prevailed. Traders
owing more than 300_l._, and a little later all traders, could obtain
a discharge upon full disclosure and surrender of all their property;
but even then the proceedings were protracted to an almost interminable
length. The machinery was both cumbrous and costly. Down to 1831 the
bankruptcy law in London was administered by Commissioners appointed
separately for each case by the Lord Chancellor. In that year a Court
of Review was established, with a chief judge and two minor judges;
and this to some extent controlled and supervised the proceedings of
the Commissioners, now a permanent body. In the country, however,
the old procedure prevailed; but the amount of business done was
ridiculously small, creditors preferring, as they always probably will
do, to write off the bad debts rather than to attempt to recover them
by the aid of the bankruptcy law. The system, moreover, bristled with
pains and penalties. If a bankrupt, as alleged, did not surrender to
his commission within forty-two days of notice; nor make discovery
of his estate and effects; nor deliver up his books and papers, he
was to be deemed a felon and liable to be transported for life. An
adjudication--the first stage in the proceedings--was granted upon the
mere affidavit of a creditor, a fiat was issued, the Commissioners
held a meeting, and, without hearing the debtor at all, declared him
a bankrupt. It was thus quite possible for a trader to find himself in
the _Gazette_, and ultimately in prison, although perfectly solvent.
He had his remedies, it is true. He could bring an action of trespass
or false imprisonment against the Commissioners. He could make things
uncomfortable for the assignee, by impeaching the validity of the
adjudication. But in any case a delay extending perhaps over many years
was inevitable before the matter was decided.
Public-domain text, read in full here on John Shaqi.
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