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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Peter Stewart Petitioner. [1775] 5 Brn 560 (18 November 1775) URL: http://www.bailii.org/scot/cases/ScotCS/1775/Brn050560-0638.html Cite as: [1775] 5 Brn 560 |
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[1775] 5 Brn 560
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROTECTION
Date: Peter Stewart Petitioner
18 November 1775 Click here to view a pdf copy of this documet : PDF Copy
Protections upon the late statute to bankrupts need only to be signed by the President, and may be granted for six months, or any time the Lords think proper. When sought for, the Lords require satisfaction as to the reasons of the demand, as, that the bankrupt is of necessary use to gather in his funds, &c. They commonly appoint the application to be intimated on the wall, or to the creditor threatening to incarcerate. And, if opposition is made, they determine as to the merits. One point they seem to have fixed, viz. never to grant a protection to a bankrupt, except while the sequestration of his effects continues in full force; and therefore, where a trustee was chosen by the creditors, even though no act of Court had been pronounced denuding the factor and vesting the estate in a trustee, they refused a protection.
The electronic version of the text was provided by the Scottish Council of Law Reporting
