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A tutor's cautioners being pursued for the tutor's intromissions in not doing diligence against some of the pupil's debtors; and an answer being made that that he was stopped by the surcease of justice in November 1688, and died shortly thereafter; besides, that many of the debtors were insolvent, so that it was casting away money to pursue them;—the Lords thought it too strict to require diligence of the tutor, in this circumstantiate case, and therefore allowed the cautioners to prove, that the debtors were then habite and repute insolvent.
