Found, in conformity to Kinnier against - - , supra.
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A bankrupt having obtained a bonorum by a bill, desired the Lords to dispense with his wearing the habit, in respect of an attestation of two persons, that he had become irresponal, upon the account of cautionry, and other occasions mentioned therein; which the Lords did, albeit some of their number were of another opinion, and did urge, that by the act of Parliament, such persons being infamous, and the Lords, by an act of sederunt, having ordained, that they should wear the habit, as is the custom in all other nations, that they may be known to be such persons, the Lords neither could nor ought to dispense with express laws and statutes; and that no respect ought to be had to the attestation, being emitted by private persons having no authority, and not cited nor sworn to that purpose; and the pretence contained in the attestation was most irrelevant.
Clerk, Gibson.
Fol. Dic. v. 2. p. 172. Dirleton, No 282. p. 137.
