# Debts Securities (Scotland) Act 1856, Section 4: Decree of sale to be held as a general decree of adjudication.


When the estate of a debtor is brought into the Court of Session by process of judicial sale and ranking, the decree of sale to be pronounced by the Court shall be held as a general decree of adjudication in favour of every creditor who shall afterwards be included in the decree of division; and the effect of such general decree shall be the same in all competitions, or questions of ranking and preference, as if it had been pronounced and extracted of the date of the first calling of the process of sale before the Lord Ordinary in the Outer House; and no separate adjudication shall be allowed to proceed during the dependence of a judicial sale; and the Court is hereby authorized to settle, by an act or acts of sederunt, in what manner and at what period or periods the principal sums and bygone interests of the debts shall be accumulated, so as to do equal justice to all concerned: Provided, that it shall be competent to any creditor who is in a situation to adjudge to carry on the action of sale to its conclusion, although deserted or abandoned by the original pursuer.

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Source: https://www.legislation.gov.uk/ukpga/Vict/19-20/91/section/4 (the official version)
Page: https://openlegislation.uk/debts-securities-scotland-act-1856/section-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.