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Dick pursued a cessio, which some of his creditors opposed, pleading, that he was not entitled thereto; but, at any rate insisting, as upon perusing the proof which he has brought, it appeared his losses, all except some trifles, had been occasioned by smuggling, he must be obliged to wear the dyvour's habit if he shall get out of prison without satisfying his creditors, agreeably to the authority of Mr Erskine, B. 4. tit. 3. § 27, and the decisions in similar cases there cited.
“The Lords decerned in the cessio, but refused to dispense with the wearing of the habit.”
Act. Geo. Ferguson.Alt. J. Boswell.Clerk, Tait.
Fol. Dic. v. 4. p. 138. Fac. Col. No 198. p. 135.
