Taylor Petitioner [1900] ScotLR 37_872 (07 July 1900)

Taylor Petitioner [1900] ScotLR 37_872 (07 July 1900)

The Court held that the notice published in the Edinburgh Gazette on 19th June 1900 is to be treated as equivalent to a notice published within four days from the date of the deliverance, given the omission was inadvertent and promptly rectified.

Citation
[1900] ScotLR 37_872
Parties
Petitioner: Taylor
Jurisdiction
Scotland
Judgment Date
07 July 1900
Procedural Posture
Petition for Rectification in Bankruptcy Proceedings / Post Sequestration, Application for Rectification of Statutory Notice Publication
Outcome
Petition granted. Notice deemed equivalent to timely notice.
Legal Topics
Sequestration, Statutory Notice, Rectification, Bankruptcy (scotland) Act 1856
Bankruptcy Sequestration Statutory Notice Rectification Bankruptcy (scotland) Act 1856

Case Brief

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Parties

Taylor

Petitioner

Procedural Posture

Petition for Rectification in Bankruptcy Proceedings / Post Sequestration, Application for Rectification of Statutory Notice Publication

Legal Issues

  1. 1 Whether the late publication of the statutory notice in the Gazette can be rectified by the Court under section 48 of the Bankruptcy (Scotland) Act 1856

Ratio Decidendi

The Court held that the notice published in the Edinburgh Gazette on 19th June 1900 is to be treated as equivalent to a notice published within four days from the date of the deliverance, given the omission was inadvertent and promptly rectified.

Court Disposition

Petition granted. Notice deemed equivalent to timely notice.

Orders

  • Hold the notice of the first deliverance in the sequestration of the petitioner in the Edinburgh Gazette of date 19th June 1900 as equivalent to a notice in the said Gazette within four days from the 14th June 1900, and decern.