HC Deb 04 August 1913 vol 56 cc1192-3

If the bankrupt shall be found entitled to his discharge he shall make a declaration, or if required by the trustee or any creditor, an oath, before the Lord Ordinary or sheriff, that he has made a full and fair surrender of his estate, and has not granted or promised any preference or security, nor made or promised any payment, nor entered into any secret or collusive agreement or transaction, to obtain the concurrence of any creditor to his discharge; and if the bankrupt shall be at the time beyond the jurisdiction of the Lord Ordinary or sheriff, or is by lawful cause prevented from coming 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 declaration or oath, 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 when the deliverance discharge- ing the bankrupt is pronounced by the Lord Ordinary or sheriff, an extract thereof, 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, and such deliverance by the Lord Ordinary or 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 all 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 thereof, signed by" ["Lord Ordinary or sheriff, an extract thereof, signed by"].

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