Scottish Court of Session Decisions

Sequestration of the estates of John Hendrie, coalmaster, Glasgow, was awarded by the Sheriff-Substitute of Lanarkshire at Glasgow on 20th January 1886, upon the petition of Stark & Hogg writers Glasgow, creditors to the extent required by law. Thereafter Messrs Stark & Hogg per incuriam omitted to transmit, within the period provided by sec. 48 of the Bankruptcy Act, to the Keeper of the Register of Inhibitions the abbreviate of the petition and deliverance to be recorded in the Register.

This petition was presented to the First Division by Stark & Hogg, craving and setting forth that no prejudice had been caused to the sequestrated estate in consequence of the omission, in respect that between the date of the first deliverance and that of the confirmation of the trustee no alienation of or diligence against the heritable estate of the bankrupt had taken place, and craving the Court to grant warrant to the Keeper of the Register of Inhibitions, before the expiry of the second lawful day from the deliverance of the Court, to record the abbreviate and to make the usual certificate thereon.

On the petition being moved in the Single Bills the Court pronounced this interlocutor, observing that intimation of the petition on the wall and in the minute-book was unnecessary, seeing that the rights of third parties were expressly reserved by the judgment of the Court:—

“The Lords having considered the petition and heard counsel for the petitioners, grant warrant to the Keeper of the Register of Inhibitions at Edinburgh to receive the abbreviate of the petition for sequestration and deliverance thereon, signed by the petitioners or their agents, and in the form mentioned in the petition, and to record the said abbreviate in the Register of Inhibitions, and write and subscribe a certificate thereof on the said abbreviate, all in conformity with and as prayed for in terms of the Bankruptcy (Scotland) Act 1856, sec. 48, and decern, reserving all objections to parties interested against the validity of the sequestration, and all answers to such objections as accords, and declaring that the expenses of the present application and procedure connected therewith are not to be allowed against the estate.