VPRS 10192 Case Files

Records in this series are case files created by the Farmers' Debts Adjustment Board under the Farmers Debts Adjustment Act 1935 (No. 4326), relating to farmers' applications for Stay Orders and plans of debt adjustment. The Act came into effect on 24 December 1935 and remained in force until 26 April 1950 when Section 50 of the Rural Finance Corporation Act 1949 (No. 5414) cancelled all existing Stay Orders and ceased the issuing of any further Stay Orders or plans of debts adjustment. It is likely that files were created in this series until March 1950. Correspondence continued to be added to the files until at least 1956, as farmers repaid monies owing to the Board. It is likely that control of this series passed to the Rural Finance Corporation in April 1950 when the Board was dissolved, although this is subject to further research. This series was previously registered with the title Settlers' Files.Under Section 12 of the Farmers Debts Adjustment Act, farmers were able to apply for an adjustment of any debts to a local Conciliation Officer. On receipt of an application, the officer issued a Stay Order [S12(3)] that protected the farmer from any action, execution or proceeding in respect of any debt of the farmer [S15(4)]. Once the Stay Order was issued, the Conciliation Officer considered whether or not the application should proceed to a debt adjustment plan [S12(4)]. If not, the Conciliation Officer notified the Board, which could then cancel the Stay Order. If the Conciliation Officer considered that a debt adjustment plan was appropriate, the officer was to arrange for a valuation of the farmer's assets [S17] and to call a meeting of creditors [S19]. The Conciliation Officer was responsible for working with the farmer and the farmer's creditors to develop a plan for debt adjustment [S21], taking into account the farmer's prospects and the interests of all parties concerned.After agreement had been reached the Conciliation Officer submitted the plan to the Board for confirmation or refusal. If the Board refused the plan there were provisions for a modified plan to be developed [S26]. In some circumstances the Board's refusal meant that the Stay Order was also cancelled [S25(3)]. Otherwise it seems that Stay Orders stayed in effect until cancelled by the Board at a date after the plan had been confirmed. Dates recorded on the files indicate that there could be a long period of time between the Stay Order being issued and cancelled (eg. Stay Orders No. 4414 or 4381). Throughout the operation of the Stay Order, and during any deliberations by the Board, the farmer was required to supply to the Board information on receipts and expenditure [S37] and was also required to seek the Board's approval in the disposal of assets including property [S49].Stay Orders issued, re-issued or cancelled were published in the Government Gazette, with the farmer's name, address, the date of issue or cancellation, and the Stay Order Number (from 1938 - 1950). Cases considered by the Board were recorded in minutes of Board meetings (see VPRS 10195) however the Stay Order Numbers are not given and the names are not indexed.Plans of debt adjustment could include the cancellation of Crown debt, or the Board consolidating the farmer's debts and paying creditors [S22]. Any monies paid by the Board on the farmer's behalf were repayable by the farmer over a lengthy term, and could be secured by a mortgage on the farmer's property (see for example, Stay Order file No. 6). There was a requirement that consent of the Governor in Council be obtained for any adjustment or reduction of debts to the Crown, or of debts already adjusted or reduced under the Closer Settlement or Cultivation Advances Acts [S25]. Confirmed plans were binding upon the farmer and all creditors who had agreed to the plan [S25(2)].Under Section 46, Stay Orders could be issued to farmers holding protection certificates under the Farmers Relief Acts or orders under the Financial Emergency Act 1931 (No. 3961). However such certificates or orders ceased to have effect once a plan of debt adjustment was confirmed. Farmers with a confirmed plan of debt adjustment were not eligible to become the holder of a protection certificate under the Farmers Relief Acts. Under Section 43, the Board was able to recommend to the Closer Settlement Commission (see VA 2268) that advances be made to enable a farmer to continue farming operations. Subsequent Acts which provided for advances to farmers made reference to Section 43, thereby enabling the Board to recommend advances under those Acts (eg. the Drought Relief Act 1940 (No. 4782)).It is likely that these case files were not created at the time the application was first received, but at a later date, possibly when the documentation was forwarded from the Conciliation Officer to the Board. Typically these case files contain the farmer's application for adjustment of debts, various forms relating to the process (eg. proposal of debt adjustment; statements of receipts and expenditure), and correspondence between the farmer, the Board, and creditors. For some cases there are also Security files which seem to relate specifically to the repayment of debts owing to the Board. Often the Security files cover a much longer date range than the Application files, as the farmer was repaying debt long after the Stay Order was cancelled. Correspondence within the file is not necessarily filed in date order.Information relating to the progress of the case was recorded on the file cover. The file covers were pre-printed with areas for information such as the date of issue or cancellation of a Stay Order, and the date of creditors' meetings. Files were stamped to indicate the status of the case, for example 'Confirmed', 'Reject', 'Liability Repaid', or 'NL' (probably No Liability). Each cover is stamped with the relevant district. When the debt was discharged or the Stay Order was cancelled, the cover was marked or crossed through.The bulk of these case files relate to Stay Orders issued up to 24 December 1937, the initial cut-off date for applications. A later legislative amendment (No. 4681) extended the application date to 30 June 1944, and then in 1943 the end date of the Act was repealed (No. 4987). According to entries in the Government Gazette, the final Stay Order was numbered 4448, issued on 9 March 1950. Of these 4448 Stay Orders, there were no more than 33 issued after December 1937.

本系列档案均为依据1935年《农民债务调整法》（第4326号）由农民债务调整委员会（Farmers' Debts Adjustment Board）制作的案件卷宗，内容涉及农民提出的滞留令（Stay Order）申请及债务调整方案。该法于1935年12月24日生效，直至1950年4月26日因1949年《农村金融公司法》（第5414号）第50条废止所有现存滞留令并停止签发任何新的滞留令或债务调整方案为止。本系列卷宗的制作时间大概率延续至1950年3月，而相关往来函件直至1956年仍有补充——因农民需向委员会偿还欠款。1950年4月委员会解散后，本系列档案的管理权大概率移交至农村金融公司，不过该结论尚待进一步研究证实。本系列此前的登记名称为“定居者卷宗”。

依据《农民债务调整法》第12条，农民可向当地调解官员申请债务调整。官员收到申请后，将依据第12条第3款签发滞留令，该命令可保护农民免受针对其任何债务的诉讼、执行或法律程序（第15条第4款）。滞留令签发后，调解官员需判断申请是否应进入债务调整方案流程（第12条第4款）：若否，则调解官员需通知委员会，委员会可据此撤销滞留令；若认为适宜制定债务调整方案，则需安排对农民资产进行估值（第17条）并召集债权人会议（第19条）。调解官员需协助农民与债权人共同制定债务调整方案（第21条），同时需考量农民的偿债前景及各方当事人的利益。

方案达成一致后，调解官员需将方案提交委员会审批或驳回。若委员会驳回方案，可依据第26条制定修订方案。部分情形下，委员会驳回方案将同时导致滞留令被撤销（第25条第3款）；其余情形下，滞留令将持续有效，直至委员会在方案获批后另行裁定撤销。卷宗所载日期显示，滞留令从签发至撤销可能间隔极长（例如第4414号或第4381号滞留令）。在滞留令生效期间及委员会审议期间，农民需向委员会提交收支情况信息（第37条），且处置包括不动产在内的资产时，需事先获得委员会批准（第49条）。

签发、重新签发或撤销的滞留令会在政府公报上公布，内容包括农民姓名、住址、签发或撤销日期，以及1938年至1950年期间的滞留令编号。委员会审议的案件会记录在委员会会议纪要中（参见VPRS 10195），但其中未标注滞留令编号，且未对相关姓名编制索引。

债务调整方案可包括豁免王室债务，或由委员会整合农民债务并向债权人偿债（第22条）。委员会为农民垫付的任何款项，农民需在长期限内偿还，且可通过农民名下不动产抵押作为担保（例如参见第6号滞留令卷宗）。针对王室的债务调整或减免，或依据《密集定居法》或《耕作贷款法》已调整或减免的债务，均需获得总督会同行政局的同意（第25条）。获批的方案对农民及所有同意该方案的债权人均具有约束力（第25条第2款）。

依据第46条，持有《农民救济法》保护证书或依据1931年《金融紧急法》（第3961号）签发命令的农民，可申请滞留令。但此类证书或命令在债务调整方案获批后即丧失效力。持有获批债务调整方案的农民，不再具备申请《农民救济法》保护证书的资格。依据第43条，委员会可向密集定居委员会（参见VA 2268）提出建议，发放贷款以支持农民继续开展农业经营。后续为农民提供贷款的相关法案均提及第43条，使得委员会可依据此类法案提出贷款建议（例如1940年《旱灾救济法》（第4782号））。

此类案件卷宗大概率并非在收到申请时即时制作，而是在后续，例如当文件从调解官员移交至委员会时才完成。这类卷宗通常包含农民的债务调整申请书、与流程相关的各类表单（例如债务调整提议、收支情况表），以及农民、委员会与债权人之间的往来函件。部分案件还附有担保卷宗，这类卷宗似乎专门用于记录农民向委员会偿还欠款的相关事宜。担保卷宗的时间跨度通常远长于申请卷宗，因为农民在滞留令撤销后仍需长期偿债。卷宗内的函件未必按时间顺序归档。

案件进展信息会记录在卷宗封面上。卷宗封面预先印制有信息填写区域，用于记录滞留令的签发或撤销日期、债权人会议日期等内容。卷宗会加盖印章以标注案件状态，例如“已获批”“已驳回”“债务已清偿”或“NL”（大概率为“No Liability”，即无责任）。每份卷宗封面均加盖有相关辖区标识。当债务清偿或滞留令撤销时，卷宗封面会被标记或划掉。

本系列大部分案件卷宗均涉及1937年12月24日前签发的滞留令——该日期为最初的申请截止日期。后续的一项立法修正案（第4681号）将申请截止日期延长至1944年6月30日；1943年，该法的终止日期被废止（第4987号）。依据政府公报的记载，最后一份滞留令编号为4448，于1950年3月9日签发。在全部4448份滞留令中，1937年12月之后签发的滞留令不超过33份。