Description of series:
Linen foolscap "Court" folders titled with Name and Court No. of Bankrupt, containing all relevant papers and court documents relating to each declared Bankrupt, but only where the stage has been reached where a sequestration order has been issued by the Court on the property and assets of the Bankrupt. Documents include affidavits re Bankruptcy Notices, Creditors Petitions, Affidavits of Search, Service of Petitions, Search for Payment into District Courts, Sequestration Orders, Statement of Affairs, also documents re Court proceedings and allocations of Declared Dividends to Creditors, etc. Each folder contains a list of contents on inside cover - list is numbered and so are documents. Bundle 1 contains five (5) files of State proceedings originating prior to 1928 and carried over subsequent to 1928.
History Prior/Subsequent to Transfer:
Prior to transfer: Section 54 of the Bankruptcy Act, Sections 1 and 2 state:
If a debtor commits an act of Bankruptcy the Court may, on a Bankruptcy Petition being presented either by a Creditor or by the Debtor, make an Order in this Act called a Sequestration Order.
When a sequestration order has been made the Debtor thereby
becomes a Bankrupt and continues a Bankrupt until an Order of
Discharge has been issued to him or the Sequestration Order
has been annulled. This series comprised the Bankrupts' files
where Sequestration Orders have been issued by the Court.
Prior to 1928 the State Government administered provisions of
the State Bankruptcy Act and all previously related Series are
in the control of the Archives Department of the NSW Public
Library.
Subsequent to transfer: Subsequent to first transfer of 1928-1944 series on 28 August 1950 (originally Series 2 of SP 24) additional accessions and transfers were as follows: SP 68/1 (1945-1949) transferred 17/10/1952; SP 203/1 (1950) transferred 1/2/1955; SP 271/1 (1951-1952) transferred 23/2/1956; SP 325/1 (1953) transferred 23/1/1957; plus others not previously
accessioned, 1954 series transferred 29/1/1958 and 1955 series transferred on 23/1/1959. All the above accessions and transfers have been consolidated into this accession, i.e. to SP 414. Files have been rebundled and relisted by Archives Division personnel.
Administrative information
The following data was keyed from the paper documentation:
Form number: CA 17
Creating department: , Attorney-General's, Bankruptcy
Administration, Registrar in
Bankruptcy, Sydney
Transferring department: , Attorney-General, Registrar-in
-Bankruptcy, Sydney
Archives file number: RWS44/1/21