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Debtor's Act 1869
The Debtors Act 1869 (32 & 33 Vict. c. 62) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that aimed to reform the powers of courts to detain debtors. Detail In England, debtors owing money could be easily detained by the courts for indefinite periods, being kept in debtor's prisons. Approximately 10,000 people were imprisoned for debt each year during the nineteenth century. However, a prison term did not alleviate a person’s debt; typically, it was required that the creditor be repaid in-full before an inmate was released. Acts of parliament in 1831 and 1861 had begun the process of reform in this area, but further reform was felt necessary. Among the advocates for debtor's reform was Charles Dickens, who, at the age of 12, saw his father sentenced to debtors' prison. Dickens’ novel ''Little Dorrit'' was written to encourage debt reform and was set in the Marshalsea debtors' prison where his father was incarcerated. In Victorian Engla ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Debtor
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower. If X borrowed money from their bank, X is the debtor and the bank is the creditor. If X puts money in the bank, X is the creditor and the bank is the debtor. It is not a crime to fail to pay a debt. Except in certain bankruptcy situations, debtors can choose to pay debts in any priority they choose. But if one fails to pay a debt, they have broken a contract or agreement between them and a creditor. Generally, most oral and written agreements for the repayment of consumer debt - debts for personal, family or household purposes secured primarily by a person's residence - are enforceable. For the most part, debts that are business-related must be made in writi ...
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Debtor's Prisons
A debtors' prison is a prison for people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, Lucinda"A Historical Perspective on Bankruptcy" , ''On the Docket'', Volume 2, Issue 2, U.S. Bankruptcy Court, District of Rhode Island, April/May/June 2000, retrieved December 20, 2007. Destitute people who were unable to pay a court-ordered judgment would be incarcerated in these prisons until they had worked off their debt via labour or secured outside funds to pay the balance. The product of their labour went towards both the costs of their incarceration and their accrued debt. Increasing access and lenience throughout the history of bankruptcy law have made prison terms for unaggravated indigence obsolete over most of the world. Since the late 20th century, the term ''debtors' prison'' has also sometimes been applied by critics to criminal justice sys ...
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Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian era.. His works enjoyed unprecedented popularity during his lifetime and, by the 20th century, critics and scholars had recognised him as a literary genius. His novels and short stories are widely read today. Born in Portsmouth, Dickens left school at the age of 12 to work in a boot-blacking factory when his father was incarcerated in a debtors' prison. After three years he returned to school, before he began his literary career as a journalist. Dickens edited a weekly journal for 20 years, wrote 15 novels, five novellas, hundreds of short stories and non-fiction articles, lectured and performed readings extensively, was an indefatigable letter writer, and campaigned vigorously for children's rights, for education, and for other social ...
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Little Dorrit
''Little Dorrit'' is a novel by Charles Dickens, originally published in serial form between 1855 and 1857. The story features Amy Dorrit, youngest child of her family, born and raised in the Marshalsea prison for debtors in London. Arthur Clennam encounters her after returning home from a 20-year absence, ready to begin his life anew. The novel satirises some shortcomings of both government and society, including the institution of debtors' prisons, where debtors were imprisoned, unable to work and yet incarcerated until they had repaid their debts. The prison in this case is the Marshalsea, where Dickens's own father had been imprisoned. Dickens is also critical of the impotent bureaucracy of the British government, in this novel in the form of the fictional "Circumlocution Office". Dickens also satirises the stratification of society that results from the British class system. Plot summary Poverty The novel begins in Marseilles "thirty years ago" (c. 1826), with the notor ...
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Marshalsea
The Marshalsea (1373–1842) was a notorious prison in Southwark, just south of the River Thames. Although it housed a variety of prisoners, including men accused of crimes at sea and political figures charged with sedition, it became known, in particular, for its incarceration of the poorest of London's debtors. Over half the population of England's prisoners in the 18th century were in jail because of debt. Run privately for profit, as were all English prisons until the 19th century, the Marshalsea looked like an Oxbridge college and functioned as an extortion racket. Debtors in the 18th century who could afford the prison fees had access to a bar, shop and restaurant, and retained the crucial privilege of being allowed out during the day, which gave them a chance to earn money for their creditors. Everyone else was crammed into one of nine small rooms with dozens of others, possibly for years for the most modest of debts, which increased as unpaid prison fees accumulated. The ...
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Victorian Era
In the history of the United Kingdom and the British Empire, the Victorian era was the period of Queen Victoria's reign, from 20 June 1837 until her death on 22 January 1901. The era followed the Georgian period and preceded the Edwardian period, and its later half overlaps with the first part of the '' Belle Époque'' era of Continental Europe. There was a strong religious drive for higher moral standards led by the nonconformist churches, such as the Methodists and the evangelical wing of the established Church of England. Ideologically, the Victorian era witnessed resistance to the rationalism that defined the Georgian period, and an increasing turn towards romanticism and even mysticism in religion, social values, and arts. This era saw a staggering amount of technological innovations that proved key to Britain's power and prosperity. Doctors started moving away from tradition and mysticism towards a science-based approach; medicine advanced thanks to the adoption ...
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Judgment Summons
Judgment summons, in English law, a summons issued under the Debtors' Act of 1869, Debtors' Act 1869, on the application of a creditor who has obtained a judgment for the payment of a sum of money by instalments or otherwise, where the order for payment has not been complied with. The Judgment (law), judgment summons cites the defendant to appear personally in court, and be examined on oath as to the means he has, or has had, since the date of the order or judgment made against him, to pay the same, and to show cause why he should not be committed to prison for his default. An order of commitment obtained in a judgment summons remains in force for a year only, and the extreme term of imprisonment is six weeks, dating from the time of lodging in prison. When a debtor has once been imprisoned, although for a period of less than six weeks, no second order of commitment can be made against him in respect of the same debt. But if the judgment be for payment by instalments a power of comm ...
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UK Insolvency Law
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. "Insolvency" means being unable to pay debts. Since the Cork Report of 1982, the modern policy of UK insolvency law has been to attempt to rescue a company that is in difficulty, to minimise losses and fairly distribute the burdens between the community, employees, creditors and other stakeholders that result from enterprise failure. If a company cannot be saved it is "liquidated", so that the assets are sold off to repay creditors according to their priority. The main sources of law include the Insolvency Act 1986, the Insolvency Rules 1986 (replaced in England and Wales from 6 April 2017 by the Insolvency Rules (England and Wales) 2016 – see below), the Company Directors Disqualification Act 1986, the Employment Rig ...
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