Scottish Court of Session Decisions

This is an application by a bankrupt, made with the concurrence of his creditors, to have his sequestration recalled or declared to be at an end. Sequestration was awarded in 1864; and under the provision of the 48th section of the Bankrupt Act an abbreviate of the petition and deliverance was recorded in the Register of Inhibitions in the usual way. No other proceedings have been taken under the statute, and shortly after negotiations took place between the petitioner and his creditors, which resulted in an arrangement between them by which he has been discharged of all his debts. In these circumstances the petitioner presented his application to have his sequestration judicially declared at an end, and to have the necessary marking made upon the registers. The Lord Ordinary (Mure), holding that the jurisdiction which he exercises in such matters is purely statutory, and that the case is one which can scarcely be held within the provision either of sec. 31 or sec. 32, which regulate the recall of sequestration, reported the case. When the case first came before the Court, they ordered intimation of the petition to be made in the Gazette, and a meeting of creditors to be called. The meeting was called and no creditors appeared; and today the Court, in the circumstances, granted the prayer of the petition, and declared the sequestration at an end.