NRS-13521 | Insolvency cause papers (incomplete) [Supreme Court]

Full description

The insolvency cause papers normally contain:

1. The insolvent's petition, showing the date of commencement of confinement in debtor's prison, declaring that his schedule contains "a full account and discovery of all his estate and effects", requesting appointment of a date for the hearing of his schedule, and begging a Court order for his release. (In terms of the Act 11 Geo IV no.7, an insolvent could apply for a hearing upon being imprisoned for a period of not less than three months upon filing a correct schedule).

The 1830 case papers may also include an affidavit of the Gaol Governor that the debtor has been imprisoned for not less than three months, and that the only detainers lodged on the debtor are those on which he will be examined, should his petition be successful.

2. A manuscript schedule of the insolvent's liabilities and assets, estate and effects. From 1839 two schedules were prepared, schedules A and B; schedule B, in effect, being an affidavit of verification of the prisoner's statement of estate and effects in schedule A.

From 1839 schedule A shows: name and address of insolvent, date lodged in execution, "the nature and amount of the judgment and the cause and consideration on which the demand arose", name of plaintiff (petitioning creditor), amount of original debt, amount of costs claimed. The insolvent's real and personal property (eg. household furniture, bed and bedding, clothes etc.) are shown, together with a list of creditors and amounts owed (including names of witnesses of debts, whether debts good, bad or doubtful), and a balance sheet of the insolvent's estate. From 1842 schedules were compiled on a printed form, although the information contained is similar.

3. A notice of intention to the plaintiff to apply for a court rule.

4. An affidavit of service of notice of intention.

Early insolvency papers (to 1842) may also include warrants of attorney and court orders for debtors' discharges. The date of filing schedules in the Supreme Court Office, the date of examination of the debtor and the substance of court orders (eg. for discharge) may be shown on the petition and schedule or affidavits (normally signed by John Gurner, Chief Clerk of the Supreme Court).

From 1845 insolvency papers become extremely miscellaneous and incomplete, no schedules for the years 1845-56 surviving. Miscellaneous documents include verified statements of assets and liabilities of insolvents (ie. verified by creditors at public meetings), creditors' "resolutions" at public meetings, documents relating to the certification of insolvents (occasionally including reports of the Chief Commissioner of Insolvent Estates), affidavits of demand for payment of costs, reports of trustees on the administration of sequestered estates, petitions of appeal, and plans of distribution of sequestered estates.

Many cause papers in this later period contain only a single document.

A list of the cause papers is available.

For information concerning the distribution of the Insolvent estate it is advisable to consult the relevant Bankruptcy administration file. Indexes to these files are available on microfilm. These records are listed under the Registrar in Bankruptcy.

1824, 1827-28, 1830, 1835, 1838-49, 1853-55, 1857-60, 1863, 1888 (Kingswood 5/4638-4643B). 7 boxes.

Note:
This description is extracted from Concise Guide to the State Archives of New South Wales, 3rd Edition 2000.