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.

Lieutenant James England
v.
His Creditors

Date: 29 July 1777

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

Lieutenant James England, late of the 67th regiment, an officer upon half pay, having raised and insisted in a process of cessio against His Creditors; this point occurred, Whether a pursuer in this situation is entitled to the benefit of the cessio, unless he shall assign and make over his half pay, or such part of it as the Court should think reasonable, in favour of his creditors; (see Commission of Bankruptcy in England, Cathcart against Blackwood.”) Upon this point the Lords having demurred, they appointed memorials,—and this day, (28th June 1777,) they appointed a hearing. The point had been adjudged, 5th March 1768, in the case, Grierson against His Creditors, New Coll. in favours of the pursuer; and again in the case of Lieutenant Farie, 1774; and also, as it was said last winter, in the case of Lieutenant Ferguson: but still the Lords demurred, and desired to hear further,—and ordered new memorials. This day, 29th July 1777, the Lords, on advising the memorials, found that the pursuer is not entitled to the benefit of the process of cessio, unless he shall assign to his creditors his half pay, to the extent, at least, of L.20 per annum. The whole was L.38.