ARRANGEMENT OF CLAUSES.

Short Title and Date of Act; Sect. 1.

The Acts 54 G. 3. c. 137. 2 & 3 Vict. c. 41. 16 & 17 Vict. c. 53. repealed; 2.

Effect on existing Sequestrations; 3.

Construction and Meaning of Words; 4.

Reckoning of Time; 5.

Dates of Deeds; 6.

Notour Bankruptcy of Individuals; 7.

Of a Company; 8.

Commencement of Notour Bankruptcy; 9.

Challenge may be in Court of Session or Sheriff Courts; 10.

May be by Trustee; 11.

Arrestments and Poindings; 12.

Sequestration may be awarded in Cases enumerated. Sequestration of deceased Debtor; 13.

Qualification of Creditors, petitioning or concurring; 14.

Within what Date Petitions may be presented; 15.

Court may take Measures to preserve Estate before Sequestration; 16. After Sequestration Bankrupt's Papers may be sealed up; 17.

Courts for awarding Sequestration; 18.

Later Sequestrations to be remitted to the first in Date; 19.

No Proceedings under Order of Sheriff to be effectual after Appeal, except for Preservation of Estate; 20.

Form of Petition. Oath to be produced; 21.

Oath to be to Verity of Debt and Extent of Securities; 22.

How taken, when Creditor out of Great Britain or Ireland; 23.

Oath to specify further Particulars in certain Cases; 24.

Claims of Companies and Creditors who are Minors or incapable; 25. When Citation of Parties necessary; 26.

In Sequestration of a Company; 27.

Induciæ of Citation; 28.

Sequestration to be forthwith awarded on Petition by Debtor; 29.

Sequestration to be awarded after Citation and hearing Parties when

Petition not by Debtor; 30.

Recal of Sequestration within Forty Days; 31.

Recal of Sequestration at future Time; 32.
Proceedings not to be stayed; 33.

Sisting of one Party for another; 34.

CLAUSE D. Payment of Expenses of petitioning or concurring Creditor; 35.

Commencement of Sequestration; 36.

Clerks to Sequestration. Sequestration not to fall asleep; 37.
Warrant of Protection may be granted to Debtor; 38.

Warrant to liberate the Debtor; 39.

Sheriff's Judgment subject to Appeal; 40.

Effect of Warrant of Protection or Liberation; 41.

Recording Abbreviate of Sequestration; 42.

Creditor claiming must produce Oath; 43.

Oath in Cases where Accounts and Vouchers are not in Creditor's Possession; 44.

Provision for Correction of Oath; 45.

Creditors may vote and rank for Principal and Interest to Date of Sequestration only; 46.

Valuation of Claim depending on a Contingency; 47.

Valuation of Claim on Annuity; 48.

Liability of Creditors for Expenses; 49.

Oaths not to supersede other Evidence; 50.

Valuation of Securities for voting; 51.

Valuation of Obligations of Co-Obligants with Bankrupt; 52.

Valuation of Claims against a Company and Partners; 53.

Trustee may require a Conveyance of Security by Creditor on 20 per Cent. Addition to his own Valuation. Creditor may correct Valuation by new Oath; 54.

Mandatories for Creditors may vote; 55.

Persons acquiring Debts after Sequestration not to vote; 56.

Valuation of Securities with a view to a Dividend ; 57.

Value of Claim against a Company to be deducted from Claim

against Partners; 58.

Appointment of Meeting to elect a Trustee; 59.

Procedure at Meeting for Election of Trustee; 60.

Judgment of Sheriff as to Trustee; 61.

When Sheriff not present; 62.

Judgment of Sheriff as to Trustee final; 63.

Caution to be found by Trustee; 66.

Act and Warrant in favour of Trustee. To be a complete Title to

him; 65.

Removal or Resignation of Trustee. Election of a new Trustee; 66.

Election of Commissioners; 67.

Removal of Commissioners; 68.

Protection to Bankrupt; 69.

Allowance to Bankrupt; 70.

Record of Abbreviate of his Confirmation; 71.

Trustee to take possession of Estate and Books, and make up Inventory; 72.

Bankrupt to make up State of his Affairs; and to give Information and grant Deeds; 73.

Trustee to recover Funds; 74.

Penalty on Trustee retaining Funds; 75.

Trustee to keep a Sederunt Book, and send Copy of Accounts to
Accountant; 76.

Duties of Commissioners; 77.

Judicial Factor, Trustee, and Commissioners amenable to Lord Ordinary and Sheriff'; 78.

Sheriff to name a Day for Bankrupt's Examination; 79.

Sheriff may grant Warrant to bring Bankrupt for Examination; 80. Apprehension and Transmission of the Bankrupt when out of Scotland; 81.

Examination of Bankrupt's Wife and others; 82.

Bankrupt and others must answer lawful Questions, and produce Documents; 83.

Mode of Examination; 84.

Penalty on refusal to answer, &c.; 85.

Penalty on latent Partner of Bankrupt Company not coming forward ; 86.

Bankrupt may correct his State, and then must take Oath inserted in this Act. Oath; 87.

Report by Trustee after Bankrupt's Examination.

Creditors over Estate; 88.

Powers of

Proceedings if Bankrupts do not make a fair Surrender; 89.

When Meetings to be called; 90.

Notice of Meetings; 91.

No Notice to be sent in certain Cases; 92.

Rules as to computing Majorities; 93.

Vesting of Estate in Trustee. Vesting of Moveable Estate. Vesting of Heritable Estate in Scotland. Vesting of Real Estates in England, Ireland, and other British Dominions; 94.

Acquisitions of Bankrupt after the Sequestration to belong to the Creditors; 95.

Subjects improperly included in Sequestration may be struck out; 96.

Trustee may complete Feudal Titles or grant such Right as Bankrupt could do; 97.

Trustee may get Property transferred to him, although the Heir of the Bankrupt has made up Titles. Decree to be recorded in the Register of Adjudications; 98.

Sequestration equivalent to an Adjudication in Competition; 99.
And to Arrestment and Poinding. D Diligence on or after Sixtieth
Day before Sequestration, or after it, ineffectual. Expenses of
Diligence; 100.

Interruption of Prescription; 101.

Preferences in case of a deceased Debtor; 102.

Acts and Payments by Bankrupt after Sequestration null, except in certain Cases; 103.

Sale of Heritable Estate by Creditor; 104.

Creditor infeft on Adjudication may sell; 105.

Sale by Trustee with Concurrence of Heritable Creditors. Discharge of Burdens on Sale; 106.

Sale by Trustee alone; 107.

Trustee may with Approval of Accountant sell by private Bargain;

108.

Trustee to make up a Scheme of Ranking and Division of Price ; 109.

Court may grant Interim Warrant for Payment out of Price; 110. Heritable Creditor's Right to poind the Ground limited; 111. Landlord's Hypothec saved; 112.

Creditors may purchase; 113.

Realized Estate to be a Fund of Division; 114.

Workmen's Wages to be privileged; 115.

Creditor to produce Oath, &c. Two Months before Payment of First Dividend, and One Month before subsequent Dividends; 116. Creditors resident abroad may lodge Oath at later Periods; 117. Trustee to make up and exhibit to Commissioners State of Funds. Commissioners to resolve as to Payment of Dividend, &c.; 118. Trustee to examine and reject or admit Claims, and make up list of Creditors entitled to Payment of Dividends; 119;

And to publish and send Notices of Payment of Dividend. Creditor may appeal within a limited Period; 120.

Trustee to make up a Scheme of Division; 121.

Dividends to be paid, and those disputed or claimed by contingent Creditors to be lodged in the Bank; 122.

Second Dividend. Trustees to make up State, &c., and Commissioners to resolve as in case of First Dividend; 123.

Dividend to be paid; 124.

Subsequent