I wonder if anyone has a good understanding of how bankruptcy worked in the 1800s?
I have information from newspapers about a Richard White, rope-maker, of Gosport, Hamspshire, and I'm trying to understand the events that unfolded and how they may have affected his family. The facts as I know them are that in 1819 he had 12 children, 7 of whom were still at home, and that he had fallen on hard times and was no longer able to support his family. The letter this information comes from suggests there was a distinct "reversal of fortunes". (He was applying to migrate to South Africa).
March 1812 - Dissolution of partnership of Richard White Elder and Richard White Younger
7 June 1812 - death of Richard White Elder
August 1812 - disposal of stock of the late Richard White
1813 - bankruptcy proceedings Richard White and Thomas Fotherley
1816 - application for discharge from King's Bench - Richard White
1818 - bankruptcy proceedings Richard White and Thomas Fotherley - separate estate of Thomas Fotherley
I've just now noticed for the first time that the 1818 article refers to the bankruptcy of both, but mentions claims against the separate estate of Fotherley. So if Richard White was released from prison in 1816 would that have meant his bankruptcy proceedings were over? Did Fotherley perhaps have money to pay some creditors so avoided prison but his bankruptcy dragged on to 1818?
What is likely to have happened to his family? Would they have stayed in Gosport, or moved elsewhere? Would it have been a great shame that they would move to avoid? His 1919 letters are addressed from London, but it's not clear that it is a person address (may be the address of a middleman or agent?). I lose most of the family after the bankruptcy, so I was thinking understanding the affects better might give me some insight into their movements. Only Richard and one son move to South Africa in 1820.
Thanks in advance to anyone who might be able to shed light on this!
Nikki
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21-05-2019, 4:02 AM #1
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Bankruptcy and debtor's prison (early 1800s)
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21-05-2019, 6:56 AM #2
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I believe that bankruptcy would have been catastrophic for anyone and their family in this period of time. Everything including furniture, clothing etc., they owned would have been sold to meet their debts. Don't forget wives didn't have their own assets. Debtors could be held in prison until creditors were satisfied.
This link will take you to the National Archives site which has a number of research guides which might be of interest to you.
https://www.nationalarchives.gov.uk/h...rch=Bankruptcy
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21-05-2019, 7:57 AM #3
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Bankruptcy was vastly preferable to being declared an insolvent debtor. A bankrupt wouldn't, for example, end up in the Marshalsea like Little Dorrit's father
The London Gazette is a good source for basic information about bankruptcy hearings.
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21-05-2019, 8:25 AM #4
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Thanks for the replies! So Kings Bench would have implied insolvency? I’ll read up more at the National Archives, thanks for that advice. I’m guessing then that the family moved away from Gosport, possibly for support from the older married children. I’ll have to cast the net wider to look for them.
Last edited by nd_SAOZ; 21-05-2019 at 8:26 AM. Reason: Grammar
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22-05-2019, 4:34 AM #5
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22-05-2019, 8:11 AM #6
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I've been searching for an online edition of John Paul's 1776 "A system of the laws relative to bankruptcy. Shewing the whole Theory and Practice of that Branch of the Law, from the issuing of the Commission to the Final Dividend and Writ of Supersedeas for dissolving the same".
There's also Richard Boote's "Solicitor's Guide and Tradesman's Instructor to Bankrupts" - 1774 4th edition. But this appears to lack the "Contents/Preface" that makes John Paul's publication the easier read.
Yet to find a searchable version on line of either. Perhaps you could check if the National Library of Australia has copies available on line to registered readers?"dyfal donc a dyr y garreg"
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22-05-2019, 9:40 AM #7
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You mention you have " … information from newspapers ...". Is this information from FindMyPast, British Newspaper Archive or the selection of papers available via the National Library Australia?. If either of the first two, check the Hampshire Chronicle for 27 Dec 1813. Richard White's property " … in lower North-street, Gosport; …" is up for sale - a substantial property.
Unfortunately, this newspaper is not available via the NLA (at least last time I checked).
I have confirmed that Richard White and Son were at North Street from an advert in the Hampshire Telegraph, 18 Oct 1802 (which is available via NLA).
This old map (surveyed 1856) shows North Street https://maps.nls.uk/view/102343170
(North Street just right of the final T in ALVERSTOKE and GOSPORT
You"dyfal donc a dyr y garreg"
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26-05-2019, 9:59 AM #8
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Thanks, shippo I had missed the 1811 article, I have added that one to my "collection".
Thanks helachau for the name of the book on bankruptcy, I'll see if I can find it online. It's not clear what prompted the financial problems, although it was around the time Richard the Elder died, and I suppose also the end of the war and perhaps a change in how rope was made? Certainly it influenced the trajectory of the family. It seems that Richard the Younger ran into years of bad luck (crop failures and floods) in South Africa, and that his wife never joined him (at least she is in the UK at the time she dies).
I had my information from the London Gazette, but also from a trial of Newspapers.com. I did find some articles from Hampshire, but not the ones you mentioned. I can use FindMyPast at the library so will look for those. There is a record of insurance for property in Dartmouth and Gosport for Richard White the Elder in the National Archives (I've just seen the indexed entry), so they obviously were quite well off. The map is lovely to see - we have old atlas maps of each country we've lived in, they're treasured possessions!
Thanks again!
Nikki
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26-05-2019, 12:03 PM #9
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I can let you have a copy (PDF) of John Paul's 1776 book if required
regards"dyfal donc a dyr y garreg"
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