Background
Ken Smith has indexed the names of insolvents that he comes across when searching early land records in the Registrar Generals Office. As the records of insolvency’s prior to 1856 appear to no longer exist, this will be an important and interesting list.
There is an index of some insolvents in the Public Records Office. But the names of these and others ofter appear in the Registrar Generals Office, which was once situated in the Supreme Court. They appear in land records when converted from Old Law to Torrens Title, and give the name, address, occupation, registration number and date of release certificate for the insolvent.
In the early days of the Port Phillip District, there was a Police Magistrate’s Court, a Court of Petty Sessions and a Court of Requests. The latter court being for minor financial problems involving amounts of money below £10. As there was no Supreme Court in PPD until 1841, it was initially very difficult to resolve more serious financial difficulties. A person could be subpoenaed to appear in court in Sydney but this was very expensive especially if witnesses were required.
From 1841 until 1855, all insolvencies in PPD were registered in Melbourne. From 1855, there was a separate registry in Geelong. On the 8th February 1842 George Lilly had the dubious honour of being the first person to become insolvent in PPD. A very early settler, Lilly had bought land in Collins Street in 1837 at the first land sale. Like many others, he became involved in the real estate boom of 1839-1840 and got onto difficulties.
A large number of publicans became bankrupt. Even the famous water colourist, Wilbraham Liardet, (also a publican) became insolvent. In fact between 1842-1844, there were 237 insolvency’s in PPD.
A notice was placed in the PPD newspapers and government gazettes giving the date of a meeting to wind up an estate and another notice later when the name of the liquidator or terustee was decided. And just like today, there were loopholes in the insolvency law, enabling people to hide their assets.
A new law for insolvency was passed in NSW on 1st February 1842. The insolvent person had to surrender all his estate. He had to make a declaration stating why he had reached his present financial position and after satisfying the requirements of the Law, he could apply to the Commissioner of Insolvent Estates for a certificate of release. It was not deemed polite to apply too early. Perhaps 6 months was early enough. Many estates were so complicated that they took years to resolve. Occasionally, assets were found as long as 30 years later and up until 1844, some insolvents served time in jail.
Click here to view the insolvents list to 30 June 1851
(The Above is a Report on Ken Smith’s Address at the Annual General Meeting on 12th March 2000, Contributed by Jan Hanslow (PPPG Member No 1057)
More On Insolvencies
Resulting from the March 2000 meeting’s talk on the subject of early insolvency records, I have been kindly made aware of the existence of a book entitled “The Victorian Insolvent List from 1842, to the end of June, 1862, and Public Assignments from 1854, to the end of June, 1862”, compiled by John Noble Wilson.
This book has been put on microfiche, together with records of insolvencies up to 1873, and can be accessed in the Genealogy Section of the State Library of Victoria. It can be found on a carousel at LTGMF 417.
The following information can be obtained: date of sequestration (insolvency); name; residence and occupation of the insolvent; value of liabilities and assets; date when certificate of release was granted; dividends (if any) and name of the official assignee (liquidator). Before 1854, the place of residence and occupation are not stated.
This is a useful source of information, except that in some instances the date of sequestration does not agree with that given in contemporary Government Gazette and newspaper articles. But isn’t that what one would expect? As they say in the classics: “Family history wasn’t meant to be easy”.
The following is a summary of records on Insolvency held in the Public Records Office:
Melbourne Court of Insolvency (held at Melbourne PRO):
Proceedings in Insolvent Estates 1863-1871 (VPRS 759)
Certificates of Discharge 1848-1875 (VPRS 75)
Deeds under 1871 Act (VPRS 762)
Index to Insolvencies 1834-1921 (VPRS 758)
Register of Insolvencies 1871-1915 (VPRS 757)
Register of Certificates of Discharge 1884-1928 (VPRS 1194)
Deeds of Arrangement 1899-1928 (VPRS 766)
Liquidation Deeds 1871-1904 (VPRS 764)
Deeds of Composition 1871-1898 (VPRS 763)
Schedules under 1890 Act 1890-1916 (VPRS 765)
Ballarat Insolvency Court (held at Ballarat Branch of the PRO):
Registers 1860-1907 (VPRS 723)
Affidavits 1871-1934 (VPRS 3592)
Deeds of Insolvency 1890-1934 (VPRS 811)
Geelong Insolvency Court (held at Melbourne PRO):
Registers 1855- (VPRS 1473)
Records (VPRS 815)
My thanks are due to Member, Anne Mavric for bringing the above information to my attention. If you have any further information about these insolvencies please write to me, Ken Smith, Port Phillip Pioneers Group Inc., Level B1, 257 Collins Street, Melbourne, Victoria, Australia, 3000.
Contributed by Ken Smith (PPPG Member No. 895)