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BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 97

97. The act and warrant of confirmation in favour of the trustee shall ipso
jure transfer to and vest in him or any succeeding trustee, for behoof of the
creditors, absolutely and irredeemably as at the date of the sequestration,
with all right, title, and interest, the whole property of the debtor, to the
effect following:

(1)The moveable estate and effects of the bankrupt, wherever situated, so far
as attachable for debt, or capable of voluntary alienation by the bankrupt, to
the same effect as if actual delivery or possession had been obtained, or
intimation made at that date, subject always to such preferable securities as
existed at the date of the sequestration, and are not null or reducible:

(3)All real estate situated in ... Ireland ... belonging to the bankrupt, and
all interest in or regarding such real estate, which the bankrupt held, or to
which he was entitled, to the same extent as would have happened if the
bankrupt had been adjudicated bankrupt in ... Ireland ...: Provided always
that as regards all freehold, ..., and leasehold estate in ... Ireland, ...
the Act and warrant of confirmation shall be registered in the chief court of
bankruptcy for the country in which the property is situated, in the like
manner as an adjudication of bankruptcy or other similar process ought to be
registered according to the law of that country, either in a separate book, or
in the general book, as the court of bankruptcy shall order, to the intent
that all persons concerned may have the same means of ascertaining whether any
person has been adjudged a bankrupt according to the law of Scotland as they
have or shall have of ascertaining whether any person has been adjudged a
bankrupt according to the law for the time being of the country in which the
property is situated; and no purchaser for valuable consideration of any
freehold, ... or leasehold estate (except in Scotland) shall be affected by
any such bankruptcy until the act and warrant of confirmation shall have been
so registered as aforesaid: Provided also that, where, according to the laws
of ... Ireland ... any deed or conveyance would require registration, ... or
recording, the act and warrant of confirmation shall be so registered; ... or
recorded according to the laws of ... Ireland ...; and, if any purchase is
made by any person for valuable consideration, and without notice of the
sequestration, prior to the registration, ... or recording of the said act and
warrant of confirmation, such purchase shall not be invalidated by the
existence of such act and warrant, or the subsequent registration, ... or
recording thereof.

© 1913 Crown Copyright

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