Leslie v. Leslie's Creditors [1900] ScotLR 37_444 (20 February 1900)

Leslie v. Leslie's Creditors [1900] ScotLR 37_444 (20 February 1900)

The Court has discretion under section 146 of the Bankruptcy (Scotland) Act 1856 to make a bankrupt's discharge conditional on assignation of part of future income, including a minister's stipend, but must ensure the amount assigned leaves sufficient income for the bankrupt to subsist and perform his duties. In this case, £80 per annum was a reasonable sum to assign from a stipend of about £270, leaving the petitioner with adequate means.

Citation
[1900] ScotLR 37_444
Parties
Petitioner: Reverend Alexander Leslie; Respondents: Leslie's Creditors
Jurisdiction
Scotland
Judgment Date
20 February 1900
Procedural Posture
Bankruptcy/sequestration Application / Petition for Discharge After Sequestration, Reclaiming Note (appeal) Against Conditional Discharge
Outcome
petitioner's reclaiming note allowed in part; interlocutor of 21 December 1899 recalled; discharge granted on condition of assignation of £80 per annum; no expenses awarded to either party
Legal Topics
Conditional Discharge, Minister's Stipend, Assignment of Income, Sequestration, Beneficium Competentiae
Bankruptcy Insolvency Ecclesiastical Law Conditional Discharge Minister's Stipend Assignment of Income Sequestration Beneficium Competentiae

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Parties

Reverend Alexander Leslie

Petitioner

Leslie's Creditors

Respondents

Procedural Posture

Bankruptcy/sequestration Application / Petition for Discharge After Sequestration, Reclaiming Note (appeal) Against Conditional Discharge

Legal Issues

  1. 1 Whether the Court can make a minister's discharge from bankruptcy conditional on assigning part of his stipend to creditors
  2. 2 What amount is reasonable to assign from a minister's stipend for creditors' benefit

Ratio Decidendi

The Court has discretion under section 146 of the Bankruptcy (Scotland) Act 1856 to make a bankrupt's discharge conditional on assignation of part of future income, including a minister's stipend, but must ensure the amount assigned leaves sufficient income for the bankrupt to subsist and perform his duties. In this case, £80 per annum was a reasonable sum to assign from a stipend of about £270, leaving the petitioner with adequate means.

Court Disposition

petitioner's reclaiming note allowed in part; interlocutor of 21 December 1899 recalled; discharge granted on condition of assignation of £80 per annum; no expenses awarded to either party

Orders

  • Recall interlocutor of 21 December 1899
  • Grant discharge to petitioner on condition of assignation of £80 per annum from stipend during incumbency until debts paid