Series VPRS 759
Proceedings in Insolvent Estates
About this Series Related Series Accessing the records in this Series
Date Range: Series 1842 - 1871
  Series in Custody 1842 - 1871
  Contents 1842 - 1871
Public Access: Open
Location: North Melbourne
Format of Records: Physical
 
Agency which created this SeriesAgency which created this Series
Display entries per page
Date Range Agency Title Agency Number
1842 - 1852 Supreme Court of N.S.W. for the District of Port Phillip VA 914
1852 - 1871 Supreme Court of Victoria VA 2549
Agency currently responsible for this SeriesAgency currently responsible for this Series
Display entries per page
Date Range Agency Title Agency Number
1852 - cont Supreme Court of Victoria VA 2549
Description of this SeriesDescription of this Series
  • How to use the Records
    The files in this series are arranged in numerical order by case number. Obtain the file reference/case numbers for persons declared insolvent in the Melbourne and metropolitan region during the period 1842 to 1871 from VPRS 758 General Index to Melbourne Insolvencies.

    Note: The microfiche SLV Victorian Insolvent List 1842-1873 (VPRS 11973) can be used to find the year and the month an Order of Sequestration was issued.

    To retrieve the relevant file, scan the Consignment Details for this series (VPRS 759) and identify the unit number.

    VPRS 758 General Index to Melbourne Insolvencies would be a very useful tool to gain access to this series at file level, however, the indexes related to insolvency records prior to 1871 are in a fragile condition and are not available for public inspection.

    Although not part of the recordkeeping system, VPRS 8747 Index to Insolvency Registers, a record created by the Office of the Registrar-General and the Office of Titles may be of use in retrieving records in this series (VPRS 759).

  • Function / Content
    This series apparently commenced in February 1842 with the appointment of the Chief Commissioner of Insolvent Estates under the provisions of the Insolvency Act 5 Vic., No.17 (1841).

    The series consists of bundles of documents created in the process of declaring a person insolvent during the period 1842 to 1871. Documents for each case are bundled together and tied with pink tape. The documents within the files are original copies, hand written and officially stamped and signed. The front of each bundle details the registration number, the name of the insolvent and the date sequestrated. Each bundle contains the original petition, sworn statements of causes leading to insolvency, proofs of debts by creditors and an inventory of the insolvent's estate. The series ended in 1871 with the establishment of the Court of Insolvency, Melbourne (VA 2304).

    Procedure

    A person was considered insolvent when he/she was unable to meet his/her debts in full. A debtor could petition to be declared insolvent by the court and as such to be discharged of all debts. In the case of compulsory sequestration (confiscation) creditors would petition the court for an order.

    An Order of Sequestration gave temporary control of an insolvent person's property to an official assignee/trustee. An Order for Sequestration was initially lodged with the Sheriff of the District and later with the Clerk of the Insolvent Court where the proceedings were being held. The order was then registered and delivered to the Chief Commissioner of Insolvent Estates and published in the Government Gazette.

  • Recordkeeping System
    Files are arranged sequentially in case number order. It is not certain how the file numbers were allocated during this period, i.e., 1842-1871, as the registers which could have served this purpose are not extant.

    The P1 Consignment consists of a few extant files created during the period 1842-1865. The files for the period 1863-1871 constituted the original transfer, VPRS 759/P.

    In 1871 a new numbering sequence commenced for the files created by the Court of Insolvency, Melbourne (VA 2304). (Refer to VPRS 762 Deeds under 1871 Insolvency Act.)

More research resourcesMore research resources
Indexes and RegistersIndexes and Registers
Display entries per page
Date Range Series Title Series Number
1842 - 1871 General Index to Melbourne Insolvencies VPRS 758
1995 - 1995 Victorian Insolvent List (State Library Victoria Microfiche) VPRS 11973
Controlled SeriesControlled Series
Display entries per page
Date Range Series Title Series Number
Previous SeriesPrevious Series
Display entries per page
Transfer Date Series Title Series Number
Subsequent SeriesSubsequent Series
Display entries per page
Transfer Date Series Title Series Number
- 1871 Deeds Under 1871 Insolvency Act VPRS 762
List/s of records in this seriesList/s of records in this series
Display entries per page
Consignment Number Contents Date Range Public Access No. of Units
P0000 1863 - 1871 Open 250
P0001 1842 - 1866 Open 1
Indexes and RegistersIndexes and Registers
Display entries per page
Date Range Series Title Series Number
1842 - 1871 General Index to Melbourne Insolvencies VPRS 758
1995 - 1995 Victorian Insolvent List (State Library Victoria Microfiche) VPRS 11973
More research resourcesMore research resources