Scottish Court of Session Decisions

The Bankruptcy (Scotland) Act 1913 provides—Section 44—“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, signed by him or his agent, in the form of Schedule (A, No. 1) hereunto annexed, to the Keeper of the Registers of Inhibitions and Adjudications at Edinburgh, who shall forthwith record the said abbreviate in the said Registers, and write and subscribe a certificate thereof on the said abbreviate in the form also specified in the said Schedule (A, No. 2).…”

On 5th January 1923 Train & M'Intyre, Limited, wholesale wine and spirit merchants, 60 Wellington Street, Glasgow, creditors of Neil Robinson, wine and spirit merchant, 10 Camden Street, Glasgow, presented a petition to the First Division craving the Court to grant warrant to and authorise the Keeper of the Register of Inhibitions at Edinburgh to receive and record in the said register an abbreviate of the petition for sequestration and the first deliverance thereon, and to write and subscribe a certificate thereof on the said abbreviate in the prescribed form.

The petition stated—“That on 20th December 1922 the petitioners presented to the Sheriff of Lanarkshire at Glasgow a petition for sequestration of the estates of the said Neil Robinson, and of the same date the Sheriff-Substitute pronounced a first deliverance thereon, granting warrant to cite the bankrupt.

Thereafter on 3rd January 1923 the Sheriff-Substitute awarded sequestration of the said estates.… That per incuriam the petitioners omitted to present or transmit to the Keeper of the Register of Inhibitions an abbreviate of the petition and first deliverance within the time allowed by the Statute. The present application is therefore made for authority to transmit the abbreviate, and to the Keeper of the Register of Inhibitions to record the same.”

On the petition appearing in the Single Bills, counsel for the petitioners cited the case of Stark and Hogg, Petitioners, 1886, 23 S.L.R. 507, and moved the Court to grant the authority craved.

The Court without delivering opinions pronounced this interlocutor—

“… Allow the petition to be amended as proposed at the bar: Grant warrant to the Keeper of the Register of Inhibitions at Edinburgh within three days from this date to receive the abbreviate of the petition for sequestration and deliverance thereon mentioned in the petition 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 to 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 1913, sec. 44, 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.”