A person in trade who omits to keep account-books, not entitled to the benefit of cessio.
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Fraser, a trader, who brought an action of cessio bonorum, acknowledged, on being required to produce his books of account, that he had not kept any such; upon which it was
Observed on the Bench; That he had thus rendered it impossible to prove, in terms of law, that his bankruptcy had been occasioned by innocent misfortunes; and therefore,
The Lords found the pursuer not entitled to the benefit in question.
Act. Corbet.Alt. Nairne.
Fol. Dic. v. 4. p. 140. Fac. Col. No 269. p. 416.
