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	Statutes of Northern Ireland
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BANKRUPTCY (SCOTLAND) ACT 1913

BANKRUPTCY (SCOTLAND) ACT 1913 - LONG TITLE

An Act to consolidate and amend the Laws relating to Bankruptcy in
Scotland.
[15th August 1913]
Short title.

BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 1

1. This Act may be cited as the Bankruptcy (Scotland) Act, 1913.

BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 70
Act and warrant in favour of trustee.

70. On the decision of the sheriff being given, declaring the
person elected trustee, and on a bond by the trustee and his
cautioner being duly lodged as aforesaid, the sheriff shall confirm
his election as trustee, which confirmation shall be final and not
subject to review in any court or in any manner whatever; and the
sheriff clerk shall issue an act and warrant in the form of
Schedule D. hereunto annexed to the trustee, and shall, within three
days thereafter, transmit a copy thereof to the accountant, who
shall make an entry of the name and designation of the trustee in
the register of sequestrations, and such act and warrant shall be
an effectual title to the trustee to perform the duties hereby
imposed on him, and shall be evidence of his right and title to
the sequestrated estate, for the purposes of this Act; and a copy
of such act and warrant in favour of the trustee, purporting to be
certified by the sheriff clerk, and to be authenticated by one of
the judges of the Court of Session, shall be received in all
courts and places within ... Ireland, ... as prima facie evidence
of the title of the trustee, without proof of the authenticity of
the signatures or of the official character of the persons signing,
and shall entitle the trustee to recover any property belonging or
debt due to the bankrupt, and to maintain actions, in the same way
as the bankrupt might have done if his estate had not been
sequestrated.

Apprehension and transmission of the bankrupt when out of Scotland.

BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 85

85. If the bankrupt be in any part of Great Britain and Ireland
other than Scotland, the Lord Ordinary may, on petition by the
trustee, grant warrant to all judges, magistrates, justices of the
peace, and officers of the law, to apprehend and transmit him to
the place of his examination, and to enforce the same, which they
are hereby required to do; and, if the bankrupt be in prison or
in custody, the Lord Ordinary may grant warrant as aforesaid to
magistrates and gaolers, upon receiving a duplicate of such warrant
and an acknowledgement for the person of the bankrupt, to deliver
him to the messenger or officer presenting such warrant, which they
shall do accordingly; and such warrant shall be sufficient authority
for the apprehension, transmission, detention, and imprisonment of the
bankrupt (when necessary for his safe custody), and for his
re-transmission after examination to and re-imprisonment in the prison
or custody from which he was delivered up.

Vesting of estate in trustee.

BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 97

97. The act and warrant of confirmation in favour of the trustee
shall ipso jure transfer to and vest in him or any succeeding
trustee, for behoof of the creditors, absolutely and irredeemably as
at the date of the sequestration, with all right, title, and
interest, the whole property of the debtor, to the effect following:

(1)The moveable estate and effects of the bankrupt, wherever
situated, so far as attachable for debt, or capable of voluntary
alienation by the bankrupt, to the same effect as if actual
delivery or possession had been obtained, or intimation made at that
date, subject always to such preferable securities as existed at the
date of the sequestration, and are not null or reducible:

(3)All real estate situated in ... Ireland ... belonging to the
bankrupt, and all interest in or regarding such real estate, which
the bankrupt held, or to which he was entitled, to the same extent
as would have happened if the bankrupt had been adjudicated bankrupt
in ... Ireland ...: Provided always that as regards all freehold,
..., and leasehold estate in ... Ireland, ... the Act and warrant
of confirmation shall be registered in the chief court of bankruptcy
for the country in which the property is situated, in the like
manner as an adjudication of bankruptcy or other similar process
ought to be registered according to the law of that country, either
in a separate book, or in the general book, as the court of
bankruptcy shall order, to the intent that all persons concerned may
have the same means of ascertaining whether any person has been
adjudged a bankrupt according to the law of Scotland as they have
or shall have of ascertaining whether any person has been adjudged
a bankrupt according to the law for the time being of the country
in which the property is situated; and no purchaser for valuable
consideration of any freehold, ... or leasehold estate (except in
Scotland) shall be affected by any such bankruptcy until the act
and warrant of confirmation shall have been so registered as
aforesaid: Provided also that, where, according to the laws of ...
Ireland ... any deed or conveyance would require registration, ...
or recording, the act and warrant of confirmation shall be so
registered; ... or recorded according to the laws of ... Ireland
...; and, if any purchase is made by any person for valuable
consideration, and without notice of the sequestration, prior to the
registration, ... or recording of the said act and warrant of
confirmation, such purchase shall not be invalidated by the existence
of such act and warrant, or the subsequent registration, ... or
recording thereof.

BANKRUPTCY (SCOTLAND) ACT 1913 - SECT 170
Deliverances, extracts, and copies, shall form evidence.

170. All deliverances under this Act purporting to be signed by the
Lord Ordinary or by any of the judges of the Court of Session, or
by the sheriff, as well as all extracts or copies thereof or from
the books of the Court of Session or the sheriff court purporting
to be signed or certified by any clerk of court, or sheriff clerk,
or extracts from or copies of registers purporting to be made by
the keeper thereof, or extractor, shall be judicially noticed by all
courts in ... Ireland, ... and shall be received as prima facie
evidence, without the necessity of proving their authenticity or
correctness, or the signatures appended, or the official character of
the persons signing, and shall be sufficient warrants for all
diligence and execution by law competent.

The sheriff of the county of [insert county] has confirmed and
hereby confirms A.B. [name and designation] trustee on the
sequestrated estate of C.D. [name and designation]; and the whole of
the estates and effects, heritable and moveable, and real and
personal, wherever situated, of the said C.D., are transferred and
belong to A.B. as trustee for behoof of the creditors of the said
C.D., in terms of the Bankruptcy (Scotland) Act, 1913; and the said
A.B. has, as trustee aforesaid, in terms of the said Act, full
right and power to sue for and recover all estates, effects, debts,
and money belonging or due to the said C.D.

C.D., sheriff clerk.PS0800Reference