Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 CESSIO BONORUM.
Subject_3 Case where the Court refused to dispense with the habit.

Robert Dick
v.
His Creditors

Date: 18 November 1775

Click here to view a pdf copy of this documet : PDF Copy

[Fac. Coll., VII. 135; Dictionary, 11,791.]

President. The facility of the Court in granting cessios has been of too great prejudice to the mercantile world. I doubt how far a smuggler is entitled to the benefit of the cessio. That benefit is only granted to the unfortunate. A man who cheats the revenue, and is detected, cannot be called unfortunate: he is an unsuccessful cheat. At no rate whatever can we dispense with the habit.

Hailes. We have already gone far in granting the benefits of the cessio to smugglers. We can go no farther unless we dispense with a most express statute.

On the 18th November 1775, “In respect that the bankruptcy has arisen from illicit practices and contraband trade, not from innocent misfortunes, the Lords refused to dispense with the habit.”

Act. G. Fergusson. Alt. J. Boswell.