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.

v.
James and George Keltie

1776. February .

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James Keltie, wright in Nicolson Street, having failed in his circumstances, his effects were sequestrated in terms of the late statute, and William Gillespie, writer in Edinburgh, was appointed factor thereon. Gillespie, finding that Keltie did not comply with the terms of the statute, complained to the Court; who granted warrant for apprehending Keltie and bringing him before them for examination. He was examined accordingly ; and, upon his examination and an inspection of his papers, sufficient ground of suspicion was discovered that he had entered into a fraudulent plan to defraud his creditors, in which he was assisted by his brother George Keltie. The Court therefore recommended to the King's Counsel, as interested for the public, to look into the proceedings, and to give their advice and assistance to bring those who were guilty to proper punishment.

They did so, and an application was made by the Solicitor General, as advocate depute, for having a proper punishment inflicted upon them. At advising this application, with the answers and writs produced, the Court pronounced the following interlocutors, (13th February 1776):—

“ Find sufficient evidence that the said James Keltie is a fraudulent bankrupt, and that the said George Keltie has been partaker, art and part, with him in the plan of defrauding his creditors : Therefore ordain the said James Keltie to be carried from the bar back to the tolbooth of Edinburgh, and also ordain the said George Keltie to be imprisoned within the tolbooth of Edinburgh; both of them therein to remain till to-morrow at ten o'clock, and then to be brought to the bar of this Court, to hear sentence pronounced against them for the said crimes ; and grant warrant to the Magistrates,” &c.

And, on the day following, viz. 14th February 1776, the Lords pronounced this interlocutor:—

“ Find sufficient evidence, that the said James Keltie is a faudulent bankrupt ; and that the said George Keltie has been partaker, art and part, with him, the said James, in the plan of defrauding his creditors : Therefore ordain the said James Keltie, and the said George Keltie, to be carried back to the said tolbooth of Edinburgh, therein to remain till Wednesday the 28th day of February current, at 12 o'clock mid-day; and then ordain the said George Keltie to be set at liberty ; but ordain the said James Keltie, at the time foresaid, to be carried from the said tolbooth of Edinburgh, to the pillory in Edinburgh, and there to be put up, and stand bareheaded for the space of one hour, from 12 o'clock at noon till one o'clock afternoon, with a paper affixed on his breast, bearing this inscription in large characters, Fraudulent Bankrupt, and thereafter ordain him to be set at liberty ; and decern accordingly: And the Lords grant warrant to, and ordain the Magistrates of Edinburgh to see this sentence properly put in execution ; and ordain the same to be recorded in the books of Sederunt, for the terror of others from committing the like crimes in time coming.”

Upon a reclaiming petition the Lords remitted the pillory.