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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scott [1837] CS 16_172a (2 December 1837)
URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0172a.html
Cite as: [1837] CS 16_172a
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SCOTTISH_Court_of_Session_Shaw
Page: 172↓
Handyside.
Subject_Bankrupt—Sequestration.—
Where a bankrupt petitioned the Court, with the requisite concurrence, for a discharge under § 61 of the bankrupt act, and stated that he was under the necessity of immediately leaving the country without the prospect of returning—the Court allowed his oath to be taken in the mean time, to lie in retentis until after the lapse of the period of intimation.
Facts:
The estates of James B. Scott, brewer in Leith, as an individual, and as sole partner of J. B. Scott and Co., were sequestrated under the bankrupt act. He applied, with concurrence of the trustee, and four-fifths of the creditors, for a discharge under § 61 of that act. The petition stated that Scott was under the necessity of immediately leaving the country, without the prospect of returning, and craved the Court to appoint intimation, in common form, “and in the mean-time to allow the petitioner's oath to be taken, to lie in retentis until the lapse of the period of intimation.”
The Court ordered intimation, and took the petitioner's oath, to lie in retentis, as craved.
Solicitors: W. and D. Allester, W. S.—Agents.