Bankruptcy (Scotland).

Forum.

first in Date.

XVIII. Sequestration may be awarded either by the Court of Courts for Session or by the Sheriff of any County in which the Debtor, for awarding Sethe Year preceding the Date of the Petition, has resided or carried questration. on Business; provided, that no Sequestration shall be awarded by any Court after Production of Evidence that a Sequestration has already been awarded in another Court, and is still undischarged. XIX. When Sequestration has been awarded against a Debtor Later Sequesby the Sheriffs of Two or more Counties, the later Sequestration trations to be or Sequestrations shall, on Production of a Certificate by the Sheriff remitted to the Clerk of the County in which the Sequestration first in Date was awarded, setting forth the Date of such Sequestration, be remitted to the Sheriff of such County; and where all the Sequestrations are of the same Date, any One may be brought by Appeal at any Time before cither Division of the Court of Session or Lord Ordinary; and on such Appeal, or when a Sequestration has been awarded by the Court of Session alone, or by the Court of Session and also by One or more Sheriff Courts, the Court of Session or Lord Ordinary shall remit the Sequestration to such Sheriff Court as in the whole Circumstances they or he shall deem expedient; and a Notice of such Remit shall be inserted in the Gazette within Four Days after such Remit shall have been made: Provided always, that in any Case in which the Sheriff has refused to sequestrate, it shall be competent to present a Petition for Sequestration to the Court of Session notwithstanding such Judgment of Refusal.

XX. It shall be competent in such Case for each Sheriff awarding Sequestration to take such Measures in the meantime as may be necessary for preserving the Debtor's Estate and Effects within his Jurisdiction, under the Provisions of this Act; but no other Orders given by any Sheriff on or after awarding Sequestration, and no Proceedings of Creditors or others in pursuance thereof, excepting Orders given by the Sheriff before whom the Sequestration comes to depend, shall be of any Force or Effect from and after the Date of such Appeal, or of Sequestration by the Court of Session.

Form of Petition, and Productions therewith.

No Proceeding under Order of Sheriff to be

effectual after Appeal.

XXI. Petitions for Sequestration in the Court of Session shall Form of Petibe made to the Lord Ordinary, and be signed by the Petitioner or tion. his Counsel or Agent, and the Division of the Court to which the Sequestration is appropriated shall be marked thereon, and in the Sheriff Court shall be signed by the Petitioner or his Agent, and in either Court, in Petitions at the Instance of the Debtor, but not signed by him, there shall be produced therewith a Mandate authorizing the same, signed by him, or in the Case of a Company signed

by a Party entitled to act for the Company; and in all Cases the Oath to be proPetitioning or Concurring Creditor shall produce with such Peti- duced. tion an Oath to the Effect herein-after specified, and also the Account and Vouchers of the Debt as herein-after provided;

failing which Production the Petition shall be dismissed.

XXII. Such

Oath to be to

and Extent of Securities.

Bankruptcy (Scotland).

XXII. Such Oath, in the Case of a Creditor residing within the Verity of Debt Kingdom of Great Britain and Ireland, shall be taken by him before a Judge Ordinary, Magistrate, or Justice of the Peace, to the Verity of the Debt claimed by him; and he shall in such Oath state what other Persons, if any, are, besides the Bankrupt, liable for the Debt or any Part thereof, and specify any Security which he holds over the Estate of the Bankrupt or of other Obligants, and depone that he holds no other Obligants or Securities than those specified; and where he holds no other Person than the Bankrupt so bound, and no Security, he shall depone to that Effect.

How taken,

out of Great

Britain or Ire land.

XXIII. Such Oath, in the Case of a Creditor who is out of the when Creditor Kingdom of Great Britain and Ireland, shall be taken by him to the Verity of the Debt in the Manner above provided before a Magistrate or Justice of the Peace, or other Person qualified to administer Oaths in the Country where he resides, (he being certified to be a Magistrate or Justice of the Peace, or qualified as aforesaid, by a British Minister or British Consul, or by a Notary Public,) or his known Agent or Mandatory in Great Britain or Ireland shall make an Oath of Credulity in the Manner and to the Effect before provided.

Oath to specify further Par

ticulars in cer

tain Cases.

Claims of Com

panies and Creditors who are Minors or incapable.

When Citation

of Parties

necessary.

XXIV. When a Petition is presented for Sequestration of the Estates of a deceased Debtor, the Petitioning Creditor shall, in his Oath, or in a separate Oath, specify the Place where the Debtor resided or had a Dwelling House or carried on Business in Scotland at the Time of his Death, and whether he was then Owner of Estates in Scotland; and when the Petition is presented during the Life of the Debtor, without the Consent of the Debtor, the Petitioning Creditor shall in such Oath, in the event of the Debtor's Bankruptcy being founded on his retiring within the Sanctuary, swear that he believes the Debtor to have so retired, as hereinbefore set forth.

XXV. When the Creditor is a Corporation, an Oath of Verity made as aforesaid by the Secretary, Manager, Cashier, Clerk, or other principal Officer of such Corporation shall be sufficient, although the Person making the same be not a Member of such Corporation, or in case of other Companies an Oath by a Partner shall be sufficient; and where any Creditor shall be under Age or incapable to make Oath, an Oath of Credulity as aforesaid by his authorized Agent, Factor, Guardian, or Manager shall be suffi– cient.

Citation on Petition.

XXVI. When a Petition for Sequestration is presented without the Consent of the Debtor, or for the Sequestration of the Estate of a Debtor who is dead, without the Consent of the Successor, the Lord Ordinary or Sheriff to whom it is presented shall grant Warrant to cite the Debtor, or, if dead, his Successor, to appear within a specified Period, if he be within Scotland, by delivering to him personally, or by leaving at his Dwelling House or Place of Business, or the Dwelling House or Place of Business last occupied by him, a Copy of the Petition and Warrant, and if the

Debtor

Bankruptcy (Scotland).

Debtor or his Successor be furth of Scotland, to cite him to appear within a specified Period by leaving such Copy at the Office of Edictal Citations, at the Dwelling House or Place of Business last occupied by him, and, if the Debtor be dead, also at the Dwelling House or Place of Business occupied by him at his Death, to show Cause why Sequestration should not be awarded; and the Lord Ordinary or the Sheriff shall, if desired, grant Diligence to recover Evidence of the Notour Bankruptcy or other Facts necessary to be established.

XXVII. When the Debtor is a Company it shall be a sufficient In SequestraCitation that a Copy of the Petition and Warrant be left at the tion of a ComPlace where the Business of the Company is or was last carried pany. on, provided a Partner or a Clerk or a Servant of the Company be there, and failing thereof at the Dwelling House of any of the acting Partners, and if the House of such Partner cannot be found, by leaving a Copy at the Office of Edictal Citations; and Sequestration may be awarded either on the Application of the Company itself, or on the Application of a Creditor or Creditors to the Amount aforesaid, without the Consent of the Company, of the Estates of the Company and Partners jointly, or of their respective Estates separately.

XXVIII. The Induciæ of Citation, when made personally or Induciæ of at a Dwelling House or Place of Business, shall be not less Citation. than Six nor more than Fourteen Days, and when made edictally shall be Twenty-one Days; and the Lord Ordinary or the Sheriff at the same Time shall direct Intimation of the Warrant, and of the Diet of Appearance on such Induciæ, to be made in the Gazette.

Procedure on Petition.

awarded on

XXIX. When a Petition is presented in manner aforesaid to Sequestration the Lord Ordinary, or to the Sheriff, for Sequestration, the Lord to be forthwith Ordinary or the Sheriff shall forthwith, if the same is presented petition by by or with the Concurrence of the Debtor, or, if dead, of his Debtor. Successor, or if the Successor shall renounce the Succession, issue a Deliverance by which he shall award Sequestration of the Estates which then belong or shall thereafter belong to the Debtor before the Date of the Discharge, and declare the Estates to belong to the Creditors for the Purposes of this Act, and if the Debtor is dead shall ordain any Successor who has made up a Title to or is in possession of any Part of his Property to convey the same to the Trustee to be appointed as herein-after mentioned.

after Citation

XXX. Where the Petition is not by or with the Concurrence Sequestration of the Debtor, or, if dead, of his Successor, and if the Debtor, to be awarded or, if dead, his Successor, do not appear at the Diet of Appear and hearing ance, either in Person or by his Counsel or Agent, and show Parties when Cause why the Sequestration cannot be competently awarded, Petition not by or if the Debtor so appearing do not instantly pay the Debt or Debtor. Debts in respect of which he was made Bankrupt, or produce written Evidence of the same being paid or satisfied, and also pay or satisfy, or produce written Evidence of the Payment or

Satisfaction

Recal of Sequestration within Forty Days.j

Recal of Se

future Time.

Bankruptcy (Scotland).

Satisfaction of the Debt or Debts due to the Petitioner or to any other Creditor appearing and concurring in the Petition, the Lord Ordinary or Sheriff, on Production of Evidence of the Citation and of the foresaid Requisites for Sequestration, shall award Sequestration in manner and to the Effect before mentioned; and it shall not be competent for any Creditor, after the Date of the First Deliverance on the Petition for Sequestration, to be confirmed Executor Creditor, or to raise or insist in any Adjudication against the Estate of the deceased Debtor.

XXXI. The Deliverance awarding Sequestration shall not be subject to Review; but any Debtor whose Estate has been sequestrated without his Consent, or the Successors of any deceased Debtor whose Estate has been sequestrated without their Consent, unless on the Application of a Mandatory authorized by the deceased Debtor, or any Creditor, whether the Sequestration has been awarded by the Lord Ordinary or by the Sheriff, may, within Forty Days after the Date of such Deliverance, present a Petition to the Lord Ordinary, setting forth the Grounds for Recal, and praying for Recal; and when Sequestration has been awarded of the Estate of a deceased Debtor, when his Successor was edictally cited, it shall be competent for his Successor, or any Person having Interest, to apply by Petition as aforesaid at any Time before the Publication of the Advertisement for Payment of the First Dividend herein-after mentioned; and the Lord Ordinary shall, in these several Cases, order a Copy of the Petition for Recal and of his Deliverance to be served on the Parties who petitioned or concurred in the Petition for Sequestration, or on their respective known Agents, and on the Trustee, if appointed, and shall require them to answer within a specified short Time, and order a Notice of the Presentation of the Petition for Recal to be published in the Gazette, and on the Expiration of the Time so fixed he shall proceed to pronounce Judgment; and if he shall recal the Sequestration, the Recal shall be entered in the Register of Sequestrations, and on the Margin of the Register of Inhibitions.

XXXII. No Petition for Recal of the Sequestration, exceptquestration at a ing as herein-after provided, shall be competent after the Expiration of the said Forty Days, or after the Advertisement for Payment of the First Dividend; provided that Nine Tenths in Number and Value of the Creditors ranked on the Estate as herein directed may at any Time apply for Recal by Petition to the Lord Ordinary, who shall order Notice of his Deliverance to be published in the Gazette, requiring all concerned to appear within Fourteen Days from the Date of Publication to show Cause why the Sequestration should not be recalled, and on Expiration of the said Time he shall proceed to pronounce Judgment.

Proceedings not to be stayed.

Sisting of one Party for another.

XXXIII. Pending any Petition for Recal, and until the Sequestration be finally recalled, the Proceedings in the Sequestration shall go on as if no such Petition had been presented.

XXXIV. If a Creditor who has petitioned for Sequestration, or concurred in such Petition, or who has petitioned for Recal of a Sequestration, or appeared to oppose a Petition for Sequestration

or

Bankruptcy (Scotland).

or Recal, or lodged an Objection, shall withdraw, or become Bankrupt, or die, any other Creditor may be sisted in his Place and follow out the Proceedings; and if the Debtor shall die after the Petition for Sequestration is presented, the Proceedings shall notwithstanding be followed out in Terms of this Act, so far as Circumstances will permit.

Majority of
Creditors may

resolve that
Estate be

wound up.

XXXV. At the Meeting for the Election of the Trustee, or at any subsequent Meeting to be called for the Purpose, a Majority in Number and Four Fifths in Value of the Creditors present or represented at such Meeting may resolve that the Estate ought to be wound up under a Deed of Arrangement, and that an Application should be presented to the Lord Ordinary or the Sheriff to sist Procedure in the Sequestration for a Period not exceeding Two Months, and on such Resolution being carried, it shall not be necessary to elect a Trustee. XXXVI. It shall be lawful for the Bankrupt, or any Person Bankrupt to appointed by the Mecting, to report such Resolution to the Lord report ResoluOrdinary or the Sheriff, within Four Days of the Date of such tion to the Lord Ordinary. Resolution, and to apply for a Sist of the Sequestration in Terms thereof; and the Lord Ordinary or the Sheriff' may hear any Party having Interest, and if he shall find that such Resolution was duly carried, and that the Application is reasonable, may grant the same.

XXXVII. In the event of such Application being granted, the As to interim Lord Ordinary or the Sheriff may, on the Application of any Management Creditor, make such Arrangement for the interim Management of

the Estate as he shall think reasonable, if any shall appear to be

necessary.

Creditors may produce to the Lord Ordinary a Deed of Arrangement.

XXXVIII. If the Sequestration shall be sisted, the Creditors If Sequestramay, at any Time within the Period of such Sist, produce to the tion be sisted, Lord Ordinary or the Sheriff a Deed of Arrangement, subscribed by or by Authority of Four Fifths in Number and Value of the Creditors of the Bankrupt; and the Lord Ordinary or the Sheriff may consider the same, and make such Intimation thereof as he may think proper, and hear Parties having Interest, and make any Inquiry he may think necessary; and if he shall be satisfied that such Deed of Arrangement has been duly entered into and executed and is reasonable, he shall approve thereof, and declare the Sequestration at an end; and such Deed shall thereafter be as binding on all the Creditors as if they had all acceded thereto : Provided always, that the Sequestration shall receive full Effect in so far as may be necessary for the Purpose of preventing, challenging, or setting aside Preferences over the Estate.

XXXIX. If such Resolution shall not be duly reported, or if If Resolution a Sist be refused, or if such Deed of Arrangement shall not be not reported, duly produced, or if it shall not be approved of, the Sequestra- the Sequestration to proceed. tion shall proceed, and the Period of Time subsequent to such Resolution shall not be reckoned in calculating Periods of Time prescribed in this Act; and the Lord Ordinary or the Sheriff may make all necessary Orders, by appointing Meetings of Creditors and otherwise, for resuming the necessary Procedure in the Sequestration.

19 & 20 VICT.

C c

XL. If