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.

Date: 3 December 1776

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A person who had obtained a cessio, presented a bill of suspension on juratory caution against a charge given him for payment, by one of his creditors called in the cessio. The charger answered, that he meant not to attack his person, but his effects acquired since obtaining the cessio, particularly,—for he was a horse hirer,—some horses which he had acquired since decreet in the cessio. It was replied, that it was by these horses he gained a sober aliment; and that a debtor was, in every event, entitled to a beneficium competentiæ. The Lords past the bill on juratory caution,* in order that the point might be tried as to the after acquisitions: It being understood, that, in consequence of passing the bill, the debtor was to give a disposition omnium bonorum, as in juratory caution, in common form.

* Same in another case reported by Lord Monboddo, 21st November 1777. Same in another case reported by Lord Monboddo, 25th June 1778.