HC Deb 04 August 1913 vol 56 cc1190-1

On such deliverance being pronounced, approving of the composition in either of the cases above specified, the bankrupt, or if deceased his successor or other party offering the composition, small make a declaration, or if required by the trustee or any creditor, an oath, before the Lord Ordinary or the sheriff (as the case may be), that he has made a full and fair surrender of his estate, and has not granted or promised any preference or security, or made or promised any payment, or entered into any secret or collusive agreement or transaction, to obtain the concurrence of any creditor to such offer and security; and if the bankrupt shall be at the time beyond the jurisdiction of the Lord Ordinary or sheriff, or is by a lawful cause prevented from appearing before the Lord Ordinary or sheriff, commission may be granted to any fit person to take such declaration or oath; and the Lord Ordinary or the sheriff (as the case may be), on being satisfied with such oath or declaration, shall pronounce a deliverance discharging the bankrupt of all debts and obligations contracted by him, or for which he was liable at the date of the sequestration, and shall declare the sequestration to be at an end, and the bankrupt reinvested in his estate (reserving always the claims of the creditors for the said composition against him and the cautioner); and the bond of caution shall be recorded in the books of the Court of Session, or, when such deliverance is pronounced by the sheriff, in the books of the sheriff court; and an extract of such deliverance, signed by the clerk of the Bills or the sheriff clerk, shall forthwith be transmitted to the accountant, who shall preserve the same, with the copy of the proceedings in the sequestration transmitted to him, as herein provided; and such deliverance of the Lord Ordinary or of the sheriff shall operate as a complete discharge and acquittance to the bankrupt in terms thereof, and shall receive effect within Great Britain and Ireland and throughout His Majesty's other dominions, and an entry thereof shall be made by the accountant in the register of sequestrations.

Amendments made: Leave out the words "an extract of such deliverance, signed by."

Leave out the words "be transmitted" ["shall forthwith be transmitted"] and insert instead thereof the words "transmit a signed extract of such deliverance."