Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Act of Sederunt anent Bills of Suspension and Liberation of Prisoners for Debt

Date: 13 July 1675

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There being a bill reported to the Lords, by the Ordinary, bearing not only suspension, but a warrant to set at liberty a prisoner for debt, upon a reason of payment, by intromission with the rent of the debtor's estate, and by poinding of his goods:—

The Lords, finding great trouble by such bills, where the charger was not present to answer, and resolving to take a just course in these cases in time coming, did all agree to make an act of sederunt for the future: and did enact, That all prisoners who were to present such bills, after the 1st of November next, should intimate to the chargers, at whose instance they were imprisoned; and to other creditors who had arrested them in for debt; that they were to present such a bill to the Lords betwixt and a certain time, and thereupon take instruments in a notary's hands, and send the same, with their bill; without which, neither in the time of session, nor any three Lords in the vacancy, should pass such bills: which act, as it is most just in itself, the utmost of legal diligence being used, the creditors ought not to be frustrated thereof, without they were heard; so it will prevent many gross abuses and trouble arising upon base allegeances, setting at liberty debtors who are denounced rebels, who, having their persons free, take no care to pay their debt.

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