Bankruptcy and Cessio (Scotland) Act 1881

JurisdictionUK Non-devolved
Citation1881 c. 22
Year1881


Bankruptcy and Cessio (Scotland) Act, 1881

(44 & 45 Vict.) CHAPTER 22.

An Act to amend the Bankruptcy Acts and Cession Acts with respect to the discharge of Bankrupt Debtors in Scotland, and in certain other respects.

[18th July 1881]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Short title.

1 Short title.

1. This Act may be cited for all purposes as theBankruptcy and Cessio (Scotland) Act, 1881.

S-2 Extent of Act.

2 Extent of Act.

2. This Act shall extend to Scotland only.

S-3 Commencement of Act.

3 Commencement of Act.

3. This Act shall commence to have effect on the first day of January one thousand eight hundred and eighty-two, which date is herein-after referred to as the commencement of this Act.

S-4 Interpretation of terms.

4 Interpretation of terms.

4. The expression ‘the Bankruptcy Acts’ means the Bankruptcy (Scotland) Act, 1856, and any Act amending the same.

The expression ‘the Cession Acts’ shall include the Act passed in the session of the sixth and seventh years of the reign of His Majesty King William the Fourth, chapter fifty-six, the Sheriff Court (Scotland) Act, 1876, section twenty-six, the Debtors (Scotland) Act, 1880, this Act, and any Act amending the same.

The expression ‘decree of Cession bonorum’ shall include a decree decerning a debtor to execute a disposition omnium bonorum in terms of the Debtors (Scotland) Act, 1880.

The word ‘sheriff’ in this Act and in the Debtors (Scotland) Act, 1880, includes sheriff substitute.

S-5 Discharge of debtor in Cession.

5 Discharge of debtor in Cession.

5. A debtor with respect to whom decree of Cession bonorum has been pronounced shall be entitled on the expiration of six months from the date of such decree to apply to the sheriff to be finally discharged of all debts contracted by him before the date of such decree; and the provisions of the, one hundred and forty-sixth section of the Bankruptcy (Scotland) Act, 1856, with regard to the conditions on which a bankrupt shall be entitled to obtain his discharge on the expiration of six months, twelve months, eighteen months, and two years respectively from the date of sequestration shall, subject to the qualifications herein-after contained, apply to debtors with respect to whom decree of cession bonorum has been pronounced: Provided, that in applying the provisions of the said section, the date of the decree of cession bonorum shall be substituted for the date of awarding sequestration; and that it shall not be necessary to convene a meeting of creditors with reference to such discharge, but the consents required shall be given in writing and produced to the sheriff in such application for discharge.

A deliverance by the sheriff granting, postponing, or refusing a discharge under this section shall be final and not subject to review.

S-6 Restriction on right to discharge in bankruptcy.

6 Restriction on right to discharge in bankruptcy.

6. Notwithstanding anything contained in the Bankruptcy Acts, the following provisions shall have effect with respect to bankrupts undischarged at the commencement of this Act, and to bankrupts whose estates may be thereafter sequestrated; that is to say,

(1) (1.) A bankrupt shall not at any time be entitled to be discharged of his debts, unless it is proved to the Lord Ordinary or the sheriff, as the case may be, that one of the following conditions has been fulfilled:

(a .) That a dividend or composition of not less than five shillings in the pound has been paid out of the estate of the bankrupt, or that security for payment thereof has been found to the satisfaction of the creditors; or

(b .) That the failure to pay five shillings in the pound, as aforesaid, has in the opinion of the Lord Ordinary or the sheriff, as the case may be, arisen from circumstances for which the bankrupt cannot justly be held responsible:

(2) (2.) In order to determine whether either of the aforesaid conditions has been fulfilled, the Lord Ordinary or the sheriff, as the case may be, shall have power to require the bankrupt to submit such evidence as he may think necessary, in addition to the declarations or oaths, as...

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