Scottish Court of Session Decisions

Subject_1 ALIMENT.

Lorimer
v.
M'Coull

1754, Jan. 26.
Case No. No. 16.

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Lorimer, a merchant in Edinburgh, having been imprisoned on captions at the instance of his creditors, applied to the Magistrates for an aliment on the act 1696, and they having allowed the creditors a proof of his secreting and concealing some of his effects, on advising the proof, they found that he did conceal several of his effects not given up in the condescendence, in order to screen the same from his creditors; but found nevertheless, that he was entitled to the benefit of the act of Parliament; but restricted his aliment from 7d. before modified to 5d. Of this sentence the creditors presented a bill of suspension, which Kames refused; and on a reclaiming bill and answers, we adhered, (me renitente,) because the particulars proved were only some household furniture, bed and table linen, eight or ten Uncut webs of linen, a silver tea pot, flat, several silver table spoons, and dividing spoon, two boxes nailed down, and a scrutoire, feather bed, blankets, chairs, a carpet, &c. This the Court thought of too small value to deny him art aliment, because sundry of them were afterwards poinded by the creditors,—but we could not know what more he may have concealed, though these only were discovered, and far less what was carried off in the scrutoire and nailed boxes; and I could not reconcile this with our decisions 26th July 1734, Rattray against Thomson, nor with the last clause of the act 1696, on touching notour bankrupts.