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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Taylor Petitioner [1900] ScotLR 37_872 (07 July 1900) URL: http://www.bailii.org/scot/cases/ScotCS/1900/37SLR0872.html Cite as: [1900] SLR 37_872, [1900] ScotLR 37_872 |
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Page: 872↓
Section 48 of the Bankruptcy (Scotland) Act 1856 enacts that “the party applying for sequestration shall, within four days from the date of the deliverance awarding the sequestration (if awarded in the Court of Session) … insert a notice in the form of Schedule B hereunto annexed, in the Gazette.” The Gazette is published on Tuesdays and Fridays.
The petitioner's estates were sequestrated by the Lord Ordinary on the Bills on Thursday 14th June 1900. His agent omitted per incuriam to insert a notice of the deliverance in the Gazette published on Friday 15th June, but the notice appeared in the Gazette published on Tuesday 19th June. Thereafter the statutory meeting for the election of a trustee and commissioners was held, and they were duly appointed.
On a petition presented by the bankrupt the Court pronounced the following interlocutor:—“ Hold the notice of the first deliverance in the sequestration of the petitioner in the Edinburgh Gazette of date 19th June 1900 as equivalent to a notice in the said Gazette within four days from the 14th June 1900, and decern.”
Counsel for Petitioner— A. M. Anderson. Agent— John Veitch, Law-Agent.
