Genealogy Chat

Hi,

I have a brickwall concerning a relative who I think emigrated to the USA, and I am trying to work out when he finally emigrated and stayed there.

He was declared bankrupt on 19/2/1866 - he claims that he was in the USA at the time - meanwhile his wife sells all his effects, and the money was [stupidly] given to her instead of the courts - despite a notice apparently being issued to the auctioneer telling them not to part with the funds! [I am working from newspaper cuttings]

Anyway, on 16/11/1866 his solicitor appeared before the court and made an application for leave to surrender. On 7/12 1866 the money was paid, 'to surrender 'and the bankrupt now surrendered in due course' - does this mean he surrendered or not? The 15/1/1867 was fixed for the last examination and order of discharge. However, there seemed to be a problem with agreeing his accounts.

On 1/2/1867 his solicitor appeared for him - the bankrupt apparently living in London. On 22/3/1867 his solicitor supported him - however towards the end of the news report it states 'there was very little encouragement for the bankrupt to return from America to petition the court.' The hearing was adjourned until 28/5/1867 but I can find no further reports.

Does any of this make sense to any of you?

Any help would be appreciated.

Many thanks.

Elaine

Have you looked on **Ellis Island** ships passanger lists embarking in US its free to search and a good site for details.

Sorry, I should have added that he appears to still be living in Nottingham, England in the 1881 census with his wife - but I can find no more about him after 1882. I just wondered if the above bankruptcy proceedings would provide any clue? and whether there was a possibility that he emigrated before 1881/2 but was put onto the census anyway [by his wife?]

If I can try to track down a year, then it may help me to find him in USA records.

I have two previous threads I have posted about him - in case this helps with background?

http://www.genesreunited.co.uk/boards.page/board/ancestors/wood/thread/1158155

http://www.genesreunited.co.uk/boards.page/board/ancestors/wood/thread/1191586

Hi Kay,

Thanks for your reply.

I have searched their records - but Stephen Wood is a common name and without his wife to verify it is difficult to confirm that it is him! I would just be guessing.

This might explain your ancestors actions:

Debtors' prison - Wikipedia, the free encyclopedia
A mid-Victorian depiction of the debtors prison at St Briavels Castle. ... uses debtors with mildness and malefactors with rigour; England, on the other ...

en.wikipedia.org/wiki/Debtors'_prison - 22 hours ago - Similar

Marshalsea - Wikipedia, the free encyclopedia
Before the Bankruptcy Act of 1869 abolished debtors' prisons, men and women ...

en.wikipedia.org/wiki/Marshalsea - Similar

The 1869 Bankruptcy Act:

United Kingdom insolvency law - Wikipedia, the free encyclopedia
United Kingdom bankruptcy law follows a similar, but separate set of principles. ... In 1869, the Bankruptcy Act 1869 was passed allowing all people, ...

en.wikipedia.org/wiki/United_Kingdom_insolvency_law -

Thanks for your reply Perchino - I will look through the links you have posted.

His wife was with her parents in 1871 census - I wonder if he was in prison?

I will check the census again to see if I can find him!

cannot find him at all during 1871 - thought he might have been in prison.

Passenger lists only start at 1890 - and passport applications have gaps in the records one of them being 1863-1873 [which would be one of the periods I would have looked at because he had already been to the USA by 1866]

1881+ passport applications - there a number who could be him and his wife, but there are only initials and without them being together I am guessing!

Do hope my thoughts were wrong!!
Have you looked at this site:

Criminals in the 18th, 19th and 20th centuries | The National ...
20 Jan 2011 ... Prisons were used for temporarily holding vagrants and debtors, those convicted of smaller offences, .... Brixton. 1855-1875. HO 8/126-206. Broadmoor. 1862-1875 ..... Northumberland: Sessions and Assizes. 1864-1866 ...

www.nationalarchives.gov.uk/records/research-guides/c...

Brixton looks a possibility.

Bankruptcy proceedings were and are reported in:

London Gazette Home Page
Visit the London Gazette for insolvency data, public notices or honours and ... The London Gazette is the official newspaper of record in the United Kingdom.

www.london-gazette.co.uk/

Suggest you do a date search under family history section and verify the accuracy of the newspaper report. This site should report if there was a committal to prison.

Hi Perchino

Sorry but I am being thick! I cannot find the link you have posted. HO126 takes me to something called 'Caroline, princess of wales'

Hi Lainie39

Was your man Stephen Richardson Wood?

I have found an article in a Nottingham paper re the above. Bankruptcy in 1866? Bacon & Provision Merchant in Ilkeston.

Ria x

Hi Lainie39 -
Typed it out just in case it is your Stephen Wood.

From the Nottinghamshire Guardian (London, England), Friday, May 04, 1866

Re: Stephen Richardson Wood
The bankrupt was a bacon and provision merchant in Ilkeston & Nottingham and this was an adjourned meeting for the examination of witnesses as to the disposition of property. Mr Maples appeared for the assignee and stated that the bankrupt had absconded.
His effects had been sold off by his wife who was acting under the advice of Mr Sugg, solicitor, Ilkeston and a summons had been issued requiring the attendance of Mr Sugg here today. Mr Sugg was called but did not appear and the cause was left last on the paper to admit of his appearance. At a later hour Mr Sugg appeared and apologised for his not being earlier, owing to having missed his train. In examination by Mr Maples, he said Mrs Wood had consulted him about the sale of the property. She said her husband had gone to Liverpool to pay some money to customers there that she had a quantity of furniture and other things when she was married and he advised her that in his opinion her husband had not committed an Act of Bankruptcy and that she was entitled to realize and pay herself the amount that she had brought to her husband when she was married. He admitted that a notice was given him during the sale of the property, cautioning him that the amount should be paid over to the official assignee of the Bankruptcy Court, but he asserted that the notice was not directed to him and at that time no flat in bankruptcy had been struck. His clerk was present and received some of the small payments. But the money was all handed to Mrs Wood. After a lengthened examination, Mr Maples said he would take counsel's opinion as to whether Mr Sugg was not personally responsible, having received the money through his clerk.

If I find anything else I will type out for you.

Ria x

Edit for more information...
BIRMINGHAM DISTRICT COURT OF BANKRUTCY .
Nottinghamshire Guardian (London, England), Friday, November 16, 1866
Re Stephen Richardson Wood
In the case of the above bankrupt, Mr Sugg of Ilkeston made an application for leave to surrender. Wood, it appeared had carried on business as a provision dealer at Nottingham and Ilkeston and was adjudicated bankrupt on the 19th February, from that time till May being given to surrender. The bankrupt was at this time in America and a few days before notice of the adjudication was given the whole of his effects left in Nottingham were sold under the direction of his wife, the same realizing £150. Notice was given to the auctioneer not to part with the funds, but he did do so and no part of them had found its way into court. Mr Maples for the estate contended that if leave to surrender were given the bankrupt ought to pay the costs of the application and this appeared to be the only point in dispute. The reason for selling the goods was family disagreements. The commissioner said it looked wonderfully like a family agreement. Mr Maples said it did - for they had never been able to find the wife since the sale. Mr Sugg said the bankrupt first saw a notice of his adjudication in New York and he took the first opportunity of returning to England. The point as to costs having been argued pro et con, the Commissioner ordered that the bankrupt should pay £5 and surrender in three weeks.
***********************
Nottinghamshire Guardian (London, England), Friday, December 07, 1866

The £5.00 was paid and the bankruptcy surrendered in due course.
The 15th of January was fixed for the last examination and order of discharge.
******************************

Nottinghamshire Guardian (London, England), Friday, January 18, 1867
This was a last meeting. The bankrupt was supported by Mr Sugg of Ilkeston and Mr Maples appeared for the trade assignee.
The Commissioner adjourned the meeting until 20th January.
******************************

Nottinghamshire Guardian (London, England), Friday, February 01, 1867
Stephen Richardson Wood
This was adjourned last examination. He was a provision dealer carrying on business at Nottingham and Ilkeston and some time since he absconded and went to America. His wife during his absence disposed of the property. Subsequently the bankrupt returned to England and obtain leave from the Court to surrender. Mr Maples appeared for the assignee and Mr Sugg of Ilkeston for the bankrupt. At the last meeting the bankrupt was ordered to file certain accounts, which had been done, but Mr Maples said they were altogether unsatisfactory. He added that at about two months previous to bankrupt's absconding from England he discontinued keeping cash accounts, which he submitted was a circumstance fraught with suspicion. After some discussion the Commissioner ordered that the accounts should be further amended and the meeting was adjourned till 19th March. Mr Sugg applied that an allowance might be made to the bankrupt (who was now living in London) for expenses, but the Commissioner said he had no power to make such an order - it was a matter resting entirely with the assignee.
**************************

Search was on :
Debtors prison records

Now telling me site not available.

Try this one:

Bankruptcy records - Your Archives
8 Feb 2010 ... 8.2.1 Records of the initiation of bankruptcy proceedings ... to pay their debts ; they often spent years in jail, leaving their dependants destitute. ..... in the records of the central bankruptcy courts and, from 1867, ...

yourarchives.nationalarchives.gov.uk/index.php?title=...

Hi Slug and Lettuce,

Yes - that is him.

Hi Perchino

Thanks for your reply - I will try again!! [wish me luck!!] :-S lol

The next article is quite long but I will type out for you. It has some good information in it.

Ria x

You TYPED it all out? - Slug and Lettuce????

How kind are you for doing all that for me!!! THANK YOU!!! :-D

Nottinghamshire Guardian (London, England), Friday, March 22, 1867
Adjourned meeting for last examination. The bankrupt who was described as a provision dealer of Nottingham and Ilkeston was supported by Mr Sugg of Ilkeston, Mr Maples appeared for the official assignee.
Mr Sugg said that at the last meeting the bankrupt was ordered to furnish a large number of accounts which he understood had been filed. Mr Maples objected that the accounts were not properly and satisfactorily drawn up. The bankrupt ran away to America as they supposed with cash in his possession and left his affairs to the management of his wife. According to the balance sheet filed, the bankrupt owed £1,070, but the amended accounts showed the sum to be £912.16s 8d and there was no explanation given of the difference. He asked for amendments in the deficiency, profit and loss, and cash accounts and the statement of affairs. Mr Sugg suggested that perhaps the bankrupt might explain the accounts in the witness box. His Honor said that the explanations must accompany the sums on the balance sheet. Mr Sugg said it would be a great hardship to the bankrupt if the meeting was adjourned again for the amendment of the accounts. It had been stated that the bankrupt ran away to America, but the whole matter was explained on oath in the petition. The bankrupt had been put to an expense of employing an accountant and had been down from London for a week assisting in making out the accounts required. They had not heard of any of these objections before coming into curt and he hoped the accounts would not be ordered without they were absolutely necessary. His Honor said that it must be assumed that he considered the accounts absolutely necessary or he would not have ordered them in the first instance. If the accounts were not supplied as directed they must be amended. Mr Sugg hoped then that the court would appoint an accountant out of the estate. It was very expensive for the bankrupt to find the means for carrying out the orders of the court. His Honor declined to accede to Mr Sugg's proposition. Mr Sugg said it appeared to him there was very little encouragement for the bankrupt to return from America to petition that court. Mr Maples observed that the creditors did not encourage him to go to America. There was reason to believe there was a balance not accounted for. The meeting was adjourned until 28th May.

I don't mind typing out for you. I have enjoyed reading about Mr Woods.

Bit disappointed though as the May hearing is not scanned into the newspapers....... I have tried to find more but nothing yet.

Ria x


Edit ..............Have found more information.