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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Naismith and Another Petitioners [1910] ScotLR 625_1 (08 April 1910) URL: http://www.bailii.org/scot/cases/ScotCS/1910/47SLR0625_1.html Cite as: [1910] ScotLR 625_1, [1910] SLR 625_1 |
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Page: 625↓
[Lord Ordinary officiating on the Bills.
Where in a sequestration the Gazette notice appointed to be given at least seven days before a meeting of creditors for the election of a new trustee was, per incuriam, inserted only six days before the meeting, the Lord Ordinary officiating on the Bills in vacation held the notice equivalent to one given within the prescribed period.
This was a petition presented by W. W. Naismith, C.A., Glasgow, and James Findlay, writer there, as commissioners on the sequestrated estates of G. L. Watson, coalmaster, Glasgow.
The petition set forth that in consequence of the removal from office of the trustee on the sequestrated estate the Sheriff of Lanarkshire appointed the creditors of the bankrupt to hold a meeting on 22nd March 1910 for the purpose of electing a new trustee, and appointed notice thereof to be made “at least seven days previous thereto in the Edinburgh Gazette in terms
Page: 626↓
of the statute.” The notice of meeting was, per incuriam, inserted in the Gazette of 15th March 1910 instead of that of 11th March, with the result that notice was given Only six days prior to the meeting. The petitioners accordingly craved the Court to hold the Gazette notice of 15th March as equivalent to one timeously given, or otherwise to appoint a new meeting to be held and to order advertisement of new.
The application, to which no answers were lodged, came before the Lord Ordinary officiating on the Bills in vacation.
Counsel for the petitioners argued that his Lordship had power to deal with the petition, and cited the following authorities — Mackay's Practice, ii, p. 358; Goudy on Bankruptcy, (3rd ed.) p. 167; Taylor, July 7, 1900, 2 F. 1139, 37 S.L.R. 872; Robertson, January 30, 1909 S.C. 444, 46 S.L.R. 356.
The
Counsel for Petitioners— A. M. Hamilton. Agents— Webster, Will, & Company, W.S.
