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Series details for: SP414/1
Series number
SP414/1
Title
Sequestration Orders (Bankrupt's files)
Accumulation dates
01 Jul 1896 - 31 Dec 1958
Items in this series on RecordSearch
389

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Agency/person recording
  • 01 Jul 1896 - 01 Aug 1928
    CA 1273, [New South Wales] Supreme Court Office
  • 01 Aug 1928 - 31 Dec 1958
    CA 922, Bankruptcy Branch, New South Wales - Registrar in Bankruptcy
Agency/person controlling
  • 01 Feb 1977 -
    CA 8002, Federal Court of Australia, New South Wales District Registry
Quantity and location
  • 169.65 metres held in NSW
System of arrangement/ control
Yearly single number - see also History, Prior to Transfer
Range of control symbols
1928/1-1955/349 (with gaps) plus Nos. 11102, 13138, 13698, 14345, 14845 being registrations under State Act by State Authorities.
Predominant physical format
PAPER FILES AND DOCUMENTS
Series note
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
Visibility & availability indicator
  • 69 . Digital image charge: Large
Date registered
21 Sep 1990

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