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Debtors (Scotland) Act 1838

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This is the original version (as it was originally enacted).

XXVIIIReport and Price to be lodged.

And be it enacted, That on the Moveables being sold or delivered as aforesaid, the Judge of the Roup shall within Eight Days after the Date of the Sale make a Report to the Sheriff of the said Sale or Delivery ; and if the Effects shall have been sold, he shall also within the said Space of Eight Days lodge with the Sheriff Clerk the Roup Rolls, or certified Copies thereof, and an Account of the Sum arising from and of the Expences of the Sale, which Sum the Sheriff may, if he shall see Cause, order to be lodged in the Hands of the Sheriff Clerk; and the said Sum, after Deduction of lawful Charges, shall, if no Cause be shown to the contrary, be ordered by the Sheriff to be paid to the poinding Creditor and conjoined Creditor (provided the Amount does not exceed the Amount of the Debt, Interest, and Expences), but subject to the Claims of other Creditors, to be ranked as by Law competent; and the Report and relative Documents, when lodged, shall be patent to all concerned on Payment of a Fee of One Shilling only.

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