Administrative history | The Justices first became involved in the relief of insolvent debtors following an Act of 1670 (22 & 23 Charles II cap. 20). This Act was amended and re-enacted by a succession of Acts, and particularly by Acts in 1728 (2 George II cap. 22) and 1747 (21 George II cap. 31).
Under the Act of 1670, anyone in prison and not worth £10 could take an oath before a Justice who would summon the creditor to Quarter Sessions. If the statement of the debtor was not challenged, the Justices could order the debtor's release. Under the Act of 1748, the gaoler was directed to deliver to Sessions a list of prisoners for debt, debtors were to deliver a schedule of their real and personal estate, if any, and notices to creditors were to be published; all with a view to the prisoner's discharge. A court for the relief of insolvent debtors under three bankruptcy commissioners was established in 1813 (53 George III cap. 102). This court sat in London but had power to delegate some of its functions to Quarter Sessions. In 1824, the commissioners were empowered to go on circuit thus supplementing the jurisdiction of Quarter Sessions. The Clerk of the Peace could act as Clerk to the commissioners and duplicates of schedules of debts and debtors' books were to be lodged with him. |