§ Constitution and Effects of Notour Bankruptcy.
§ Notour bankruptcy shall be constituted by the following circumstances:—
- 1. By sequestration, or by the issuing of an adjudication of bankruptcy or the granting of a receiving order in England or Ireland; or
- 2. By insolvency, concurring—
(a)—(1) With a duly executed charge for payment, where a charge is necessary, followed by the expiry of the days of charge without payment;
(2) Where a charge is not necessary, with the lapse without payment of the days which must elapse before poinding or imprisonment can follow on a decree or warrant for payment of a sum of money;
(3) With a poinding or seizure of any of the debtors' moveables in virtue of a distress warrant for non-payment of rates or taxes;
(4) With a decree of adjudication of any part of his heritable estate for payment or in security; or
(b) With sale of any effects belonging to the debtor under a sequestration for rent.
§ Amendments made: In Sub-section (3), leave out the words "in virtue of a distress warrant." —[Mr. Ure.]