Charles Stewart, Prisoner, v. Henry M'Glashan, one of his Creditors
Date: 9 August 1781 Case No. No 107.
The privilege of cessio not competent to debtors incarcerated for damages.
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The Lords refused liberation upon a cessio bonorum to a debtor who was imprisoned for not payment of a sum awarded by the following decree of the Court in a former process of wrongous imprisonment, oppression, and damages: “Find it proved, that the defender, Charles Stewart, acted illegally, unwarrantably, and oppressively, by maltreating Henry M'Glashan, pursuer, under pretence of having enlisted him as a soldier, and procuring him to be confined as a prisoner in the tolbooth of the Canongate, from Saturday till Wednesday, under the aforesaid pretence, without order of law; and, therefore, find the said defender liable to the pursuer in damages and expences.”
Act. H. Erskine.Alt. J. Morthland.Clerk, Menzies.
Fol. Dic. v. 4. p. 139. Fac. Col. No 81. p. 137.
