Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Creditors of Hamilton
v.
Henry

1743, Feb. 9.
Case No. No. 17.

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We had appointed a hearing in presence upon two points in this case, Whether a person being once notour bankrupt in terms of the act 1696, if the debt in the caption on which he was imprisoned be paid, and the caption discharged, and he at liberty, he still continues notour bankrupt in the construction of that act, provided he still continues insolvent, or if it is necessary that he also continue under diligence with the other alternatives of the statute? 2dly, Whether securities granted by such bankrupt for payment of other peoples' debts, as well as for payment of his own debts, are reducible by this act? Upon the first point, the Lords by a great majority, found that the debt and caption feeing discharged before the transaction quarrelled, it fell not under the act 1696; wherein the President, Arniston, Royston, and Kilkerran were clear of that opinion, which I own I was not. They also found, that the giving security for payment of another person's debts did not fall under the act.