Execution Act 1844
Petition for Protection from Process may be presented to any Court of Bankruptcy without any Notice given.
IIForm of Petition. Petition and Schedule to be verified by Affidavit in the Form specified.
IIIForthwith after filing of Petition a Notice to be given to Creditors and advertised in the Gazette, &c., and a public Sitting of the Court appointed for first Examination of Petitioner and Choice of Creditors Assignee. Commissioner may reject or remove the Person so chosen.
IVProperty of Petitioner to vest in Assignees for the Time by virtue of the Appointment.
VUpon Petition being filed, Commissioner to have the like Power for Seizure of the Property of the Petitioner, and the Examination of him and other Persons, as in Bankruptcy.
VIAny Prisoner in Execution upon Judgment in an Action for Debt, not being a Trader, or being a Trader whose Debts are less than 300l., may by Petition be protected from Process and from being detained in Prison for any Debt mentioned in his Schedule; and if so detained, Commissioner may order his Discharge.
VIIIf Petitioner be in custody, and is not entitled to be discharged, he may be brought up by Warrant.
VIIIIn case of Death of Petitioner.
IXWearing Apparel, Bedding, working Tools, &c. of the Value of 20l. excepted from the Operation of the Act.
XOfficial Assignee may act until Creditors Assignee appointed; may sell the Property if Commissioner so order, and make Allowance to Petitioner for his Support. Property vested in Official Assignee to go to his Successor. If Petition dismissed, all Acts theretofore done according to the Act to be good and valid.
XIAssignees may execute Powers which the Petitioner might have executed for his own Benefit.
XIIWhere Lease accepted by Assignees, the Petitioner not liable for the Rent. Assignees not determining whether to accept the Lease, the Lessor may apply to the Court.
XIIIAssignees may sue in their own Names ; may make Composition for Debts ; may submit Differences to Arbitration. Proviso for Consent of Creditors to Compositions and Arbitrations.
XIVCreditors to vote according to Balance due to them on an Account fairly stated.
XVWhere the Petitioner is beneficially entitled to Stock, the Commissioner may order a Transfer.
XVISuits not to be abated by the Death or Removal of Assignees.
XVIIGoods in Possession, Order, or Disposition of Petitioner, whereof he was reputed Owner, to be deemed his Property.
XVIIIDistress not to be available for more than One Year's Rent.
XIXVoluntary Preference fraudulent and void as against Assignees. Proviso.
XXProvisions of 3 G.4 c.39 extended to the Assignees of Insolvent Petitioners.
XXIWarrant of Attorney and Cognovit actionem not to be acted upon against Property of Insolvent Petitioner after filing his Petition.
XXIIFinal Order to protect the Person of the Petitioner from Process in respect of the Debts or Sums herein particularly mentioned. Specification of Debts, &c. not necessary in Final Order.
XXIIIIf Prisoner be detained for any Claim in respect of which he is protected Commissioner may order his Discharge.
XXIVIf it appear to Commissioner that any Debts of the Petitioner were contracted by Fraud or Breach of Trust, &c. no Day to be named for making the Final Order for Protection ; but if otherwise, a Notice of such Day to be given.
XXVSums payable by way of Annuity to be deemed Debts, and the Annuitants to be Creditors for the Value thereof.
XXVIFinal Order may extend to Process for Contempt in Nonpayment of Money, and to Costs incurred by Creditor, but subject to Taxation.
XXVIIAdjournment of Consideration of Final Order.
XXVIIIIf Final Order refused, or adjourned sine Die, the Court, after the Lapse of such Time as it thinks just, having regard to the Insolvency and the Conduct of the Insolvent, may make an Order to protect him from further Imprisonment in respect of the Debts, &c. mentioned in his Schedule.
XXIXPetitioner taken or detained after obtaining such Order may be discharged.
XXXWhere Error in Schedule without Fraud, Act to operate upon the actual Amount of Debt.
XXXIHow Dividend to be made. Notice of Sittings. Examination of Objections and Claims. Commissioner may require Proof of Debts.
XXXIIOutstanding Debts, &c. may be sold by Order of the Commissioner.
XXXIIIProceedings not liable to Stamp Duty, nor Sales to Auction Duty.
XXXIVSum to be paid on Prosecution of Petition.
XXXVRemuneration to Official Assignee.
XXXVIFees.
XXXVIIProceedings, or a Copy thereof, duly signed, receivable in Evidence.
XXXVIIIRules and Orders made under recited Act to be applicable to this Act.
XXXIXPersons wilfully omitting any thing in Schedule guilty of a Misdemeanor, and liable to Three Years Imprisonment. Indictment need only set out the Substance of the Offence charged.
XLWilfully making a false Oath or Affirmation punishable as if guilty of Perjury.
XLIThe Lord Chancellor may issue a Fiat in Bankruptcy against a Trader having filed a Declaration of Insolvency, upon the Petition of the Trader himself.
XLIILord Chancellor may attach the Country Commissioners to Districts.
XLIIIMinute of Petitions filed to be transmitted to Secretary of Bankrupts.
XLIVLord Chancellor authorized to give necessary Directions where Courts shall sit.
XLVLord Chancellor empowered to appoint a Taxing Officer. Tenure of Office, Duties, and Removal. General Provision as to Business of Taxing Officer.
XLVISum to be paid on the Taxation of Bills.
XLVIISums received by the Master to be paid into the Bank of England, after deducting such Sum as the Lord Chancellor thinks fit for Expences of Office.
XLVIIIIn case of Sickness or other reasonable Cause, the Duty of the Master may be performed by Deputy.
XLIXRegistrars, &c. who now receive the Surplus of certain Fees to be paid in future solely by Salary.
LFees to be accounted for.
LIRetiring Pension to Registrars.
LIICompensation to T. A. Warburton for having performed the Duties of Deputy Registrar.
LIIICourt may send a Registrar to take Proof of Debts, &c. where expedient. Examinations to be taken down.
LIVStyle of Deputy Registrars of the Court of Bankruptcy.
LVRepealing Provisions in 5 & 6 W.4. c. 29. as to Fees receivable by Accountant in Bankruptcy.
LVISalary of Accountant.
LVIIArrest upon Final Process in an Action for Debt not exceeding 20l. and Costs abolished.
LVIIIPersons in Execution at the Time of passing this Act where the Debt shall not exceed 20l. and Costs shall be discharged on Application to a Judge. Proviso for Discharge fraudulently obtained. Sheriffs, &c. not liable as for Escape. Judgment to remain in force notwithstanding the Discharge of the Debtor.
LIXPower of Imprisonment for Fraud.
LXExecution against the Goods.
LXIExecution not to issue till after Default in Payment of Instalment.
LXIIPower to suspend Execution in certain Cases.
LXIIIExecution to be suspended on Payment of Debt and Costs.
LXIVBailiffs made answerable for Neglect to levy.
LXVRemedies against Bailiffs and other Officers.
LXVIExecution against the Goods to be within the Provisions of 7 & 8 G.4 c.17.
LXVIILandlord's Lien for Rent restrained.
LXVIIIClaims as to Goods taken in Execution to be adjudicated in Court.
LXIXDistress not unlawful for Want of Form.
LXXCompensations to Persons whose Emoluments will be diminished.
LXXIInquiry into Amount of Compensation.
LXXIIAppointment of Assessors of Inferior Courts.
LXXIIIConstruction of the Act.
LXXIVRecited Act not to be affected, except as herein provided.
LXXVAct may be altered this Session.
SCHEDULE
SCHEDULE (B.)

Execution Act 1844

1844 Chapter 96

An Act to amend the Law of Insolvency, Bankruptcy, and Execution.

WHEREAS it is expedient to amend an [5 & 6 Vict. c. 116.] Act passed in the Sixth Year of the Reign of Her present Majesty, intituled An Act for the Relief of Insolvent Debtors :

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,