Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 FRAUDULENT-BANKRUPT.

James Ewart's Creditors
v.
James Ewart

Date: 23 June 1764

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James Ewart, accountant to the Royal Bank, having failed in his circumstances, was, on a caption, imprisoned in the tolbooth of Edinburgh. His Creditors, suspecting fraud, petitioned the Court for examination; and, 15th June 1764, he was examined accordingly. One of the clerks was ordered to search for his books and to bring them to the Court, and afterwards also for his papers : all were brought. They were ordered to remain in the clerk's hands. An interlocutor was wrote accordingly, and a warrant to carry him back to prison, ordering the Magistrates not to liberate him, even though the creditor-incarcerator should consent, without special order of Court. And the Lords recommended to his Majesty's advocate to inquire into the circumstances of the case, and to prosecute him as a fraudulent bankrupt, if he saw cause.

23d June 1764, on a petition of Ewart's Creditors, they allowed their trustee to see his books and papers in the clerk's hands, and to borrow any they should find necessary.

No prosecution was brought.