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BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 70

Act and warrant in favour of trustee.

70. On the decision of the sheriff being given, declaring the person elected
trustee, and on a bond by the trustee and his cautioner being duly lodged as
aforesaid, the sheriff shall confirm his election as trustee, which
confirmation shall be final and not subject to review in any court or in any
manner whatever; and the sheriff clerk shall issue an act and warrant in the
form of Schedule D. hereunto annexed to the trustee, and shall, within three
days thereafter, transmit a copy thereof to the accountant, who shall make an
entry of the name and designation of the trustee in the register of
sequestrations, and such act and warrant shall be an effectual title to the
trustee to perform the duties hereby imposed on him, and shall be evidence of
his right and title to the sequestrated estate, for the purposes of this Act;
and a copy of such act and warrant in favour of the trustee, purporting to be
certified by the sheriff clerk, and to be authenticated by one of the judges
of the Court of Session, shall be received in all courts and places within ...
Ireland, ... as prima facie evidence of the title of the trustee, without
proof of the authenticity of the signatures or of the official character of
the persons signing, and shall entitle the trustee to recover any property
belonging or debt due to the bankrupt, and to maintain actions, in the same
way as the bankrupt might have done if his estate had not been sequestrated.

Apprehension and transmission of the bankrupt when out of Scotland.

© 1913 Crown Copyright

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