§ No poinding of the ground which has not been carried into execution by sale of the effects sixty days before the date of thesequestration, and no decree of mains and duties on which a charge has not been given sixty days before the said date, shall (except to the extent hereinafter provided) be available in any question with the trustee; and this Section shall apply to all poindings of the ground and actions of maills and duties by which moveables forming part of or belonging to a bank rupt estate, whether administered in Scotland or furth thereof, are sought to be attached or affected, and that whether the debts or securities in respect of which such 1180 poindings of the ground or actions of maills and duties shall be brought shall have been constituted or granted by the bankrupt, or by any ancestor or predecessor of the bankrupt, or by any other person: Provided that no creditor who holds a security over the heritable estate preferable to the right of the trustee shall be prevented from executing a poinding of the ground or obtaining a decree of maills and duties after the sequestration, but such poinding or decree shall, in competition with the trustee, be available only for the interest on the debt for the current half-yearly term, and for the arrears of interest for one year immediately before the commencement of such term.
§ Amendments made: Leave out the words "and no decree of maills and duties on which a Charge has not been given sixty days before the said date."
§ Leave out the words "and actions of maills and duties" ["and actions of maills and duties by which moveables forming part of or belonging to a bankrupt estate"].
§ Leave out the words "or actions of mains and duties" ["such poindings of the ground or actions of maills and duties shall be brought shall have been constituted or granted by the bankrupt"].
§ Leave out the words "or obtaining a decree of maills and duties"["shall be prevented from executing a poinding of the ground or obtaining a decree of mains and duties after sequestration."]
§ Leave out the words "or decree" ["but such poinding or decree shall, in competition with the trustee"]. —[Mr. Ure.]