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 CESSIO BONORUM.

Armstrong
v.
His Creditors

Date: 2 August 1776

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

It has been doubted, how far a person imprisoned on a warrant for not finding caution judicio sisti, in an action for debt, is entitled to a cessio. The point first occurred, 9th July 1768, Adam, when the Lords refused the cessio. This was on a warrant by the Admiral. It occurred again, February 1773, Robertson. The Lords ordered memorials; but none were given in. It occurred again, 5th March 1774, in the case of one Watson: the Lords, upon advising a memorial from the pursuer, ex parte, granted it. But this day, 2d August 1776, the point occurred again, Armstrong against His Creditors;— Armstrong was imprisoned on a warrant of the Sheriff of Dumfries. The Lords ordered memorials; and, upon advising, pronounced this interlocutor:— “The Lords, having advised the memorials in this cause, hinc inde, find, That the pursuer, being imprisoned, not in common course of execution, for payment of a civil debt, but on a warrant by the Sheriff of Dumfries for not finding caution judicio sisti, is not entitled to the benefit of this process: therefore assoilyie the defenders, and decern.”

Same held to be law,—Purie against His Creditors, December 1777; same, 20th February 1779, M'Kechnie against His Creditors.