Scottish Court of Session Decisions

This was an application by Messrs R. & J. Jarvie, ropespinners in Glasgow, for the recall of the sequestration of the estates of John Ronald & Co., merchants in Glasgow, which was awarded on 15th August 1865. Messrs Jarvie had, on 3d August preceding, as creditors of Ronald & Co., presented an application for sequestration, on which the Lord Ordinary had pronounced an interlocutor, appointing Ronald & Co. to appear and show cause why sequestration should not be awarded. Ronald & Co. thereupon, with consent of a concurring creditor, presented a separate application for sequestration, which being applied for in that way was awarded on 15th August de plano. Messrs Jarvie now urged that the sequestration should be recalled (1.) because it was applied for and granted when there was a pending process of sequestration; and (2.) because the application was an attempt to alter the true date of the sequestration from 3d to 15th August—the 42d section of the Bankruptcy Act providing that a sequestration shall be held to commence on the date of the first deliverance upon any petition for sequestration.

The petition for recall was opposed by Mr R. H. Robertson, accountant, Glasgow, who had been appointed trustee; and Lord Mure refused it, but found no expenses due to either party. Both reclaimed, and after a full debate to-day the Court made avizandum.

Saturday, Nov. 25.

In this case, their Lordships to-day recalled the sequestration awarded on the 15th August in hoc statu, and remitted the petition of the bankrupts (Ronald & Co.) to the Lord Ordinary on the Bills, with a view to its being conjoined with the previous petition for the creditors, and appointed the Lord Ordinary in the conjoined petitions to grant sequestration of new.