Scottish Court of Session Decisions

Subject_1Process
Subject_2Bankruptcy
Subject_3Bankruptcy (Scotland) Act 1856, sec. 48
Subject_4Warrant to Record Abbreviate in Sequestration.
Facts:

The petitioner was the creditor of a bankrupt estate, on whose petition the first deliverance in the sequestration was obtained before the Sheriff of Orkney, & c. The bankrupt had since died, and as his successors were pupils and no tutor ad litem had been appointed, the warrant granting the sequestration of the estate had not been pronounced.

By section 48 of the Bankruptcy (Scotland) Act 1856 it is declared that the party applying for sequestration shall present, before the expiration of the second lawful day after the first deliverance if given by the Lord Ordinary, or present or transmit by post before the expiration of the second lawful day after the said deliverance if given by the Sheriff, an abbreviate of the petition and deliverance to the Keeper of the Register of Inhibitions at Edinburgh.

The petitioner stated that through an oversight he had not complied with the above provision of the statute, and he therefore craved the Court to grant warrant for the recording of the abbreviate, which he produced with the petition.

The Court pronounced the following interlocutor—“Grant warrant and authority to the Keeper of the General Register of Inhibitions at Edinburgh, within the period of fourteen days from this date, to receive the abbreviate of the petition and deliverance in the sequestration mentioned in the petition, and to record the same in the said register, and to write and subscribe a certificate on the said abbreviate, in the form specified in the statute, as prayed for, and decern: Reserving all objections to any party having interest against the validity of the proceedings, with all answers thereto as accords: And declaring that the expenses of this application and procedure connected therewith are not to be allowed against the estate.”