f qualified creditors, or (b) on petition of
qualified creditors, provided he be a notour bankrupt, and have had a
dwelling-house or place of business in Scotland within the previous year.
2. In the case of a deceased debtor, subject at his death to the
jurisdiction of the court--(a) on the petition of his mandatory; or (b) on
the petition of qualified creditors (s. 13).
Sequestration may be awarded either by the court of session or by the
sheriff. A sequestration may be recalled by a majority in number and
four-fifths in value of the creditors, who may prefer to wind up the estate
by private arrangement. If the sequestration proceeds, the creditors hold a
meeting, and by a majority _in value_ elect a trustee to administer the
estate, and three commissioners (being creditors or their mandatories) to
assist and control the administration and declare the dividends. The
bankrupt (under pain of imprisonment) must give all the information in his
power regarding his estate and he must be publicly examined on oath before
the sheriff; and "conjunct and confident persons" may likewise be examined.
The bankrupt may be discharged either by composition or without
composition. In the latter case (1) by petition with concurrence of all the
creditors, or (2) after six months with concurrence of a majority and
four-fifths in value of the creditors, or (3) after eighteen months with
concurrence of a bare majority in number and value, or (4) after two years
without concurrence. In the last case the judge may refuse the application
if he thinks the bankrupt has fraudulently concealed his effects or
wilfully failed to comply with the law. This act was amended by the
Bankruptcy and Real Securities Act 1857, which deals with the cost of
competition for trusteeships; the Bankruptcy Amendment (Scotland) Act 1860,
which enables the court to recall a sequestration where it is more
convenient that the estate should be wound up in England or Ireland; and
the Bankruptcy Amendment Act (Scotland) 1875, which makes the wages of
clerks, shopmen and servants preferential claims for a period not exceeding
four months and an amount not exceeding L50, while the claims of workmen
are placed on a similar footing for a period not exceeding two months. Some
important changes were subsequently introduced, one of the principal being
that effected by the Debtors (Scotland) Act 1880, which abolished
imprisonment for debt, but which, like its English prototype (th
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