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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lieutenant James Grierson v Catherine Campbell and Others. [1768] Hailes 222 (5 March 1768)
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Cite as: [1768] Hailes 222
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[1768] Hailes 222
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRISONER.
Subject_3 An Officer of the Navy is not obliged to assign his half-pay on a cessio bonorum.
Date: Lieutenant James Grierson
v.
Catherine Campbell and Others
5 March 1768 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IV. p. 130; Dictionary, 11,784.]
Pitfour. I cannot understand the clause so strictly as to imply only misfortunes by fire, water, and the like. It means all misfortunes to which we are subject in common life. The half-pay is not the debtor's; it is for a particular purpose, like wages to a servant for service and clothes.
Hailes. The half-pay is not a subject affectable by creditors. How can the debtor assign it? To whom is the assignation to be intimated? Arrears of pay, or even of half-pay, may possibly be assigned, but half-pay in time to come cannot.
On the 5th March 1768, the Lords found the pursuer entitled to the cessio, and dispensed with the habit.
Act. G. Buchan. Alt. G. Ferguson.
The electronic version of the text was provided by the Scottish Council of Law Reporting