Scottish Court of Session Decisions

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Cite as: [1838] CS 16_645a

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SCOTTISH_Court_of_Session_Shaw

Page: 645↓

016SS0645a

Jones

v.

His Creditors
No. 144

Court of Session

1st Division

Feb. 23 1838

Lord President.

— Jones, Pursuer.— Counsel:
Russell. Creditors of Jones, Defenders.

Subject_Cessio—Caution—Process.— Headnote:

In an application by the pursuer of a cessio, under 6 and 7 W. IV. c. 56, for liberation on finding caution to appear at all diets of Court—Observed, that the amount of the incarcerating creditor's debt afforded no criterion for determining on the amount of caution which it was reasonable to require.

Facts:

A party pursued a cessio before the Court of Session. He stated his whole debts at £1500. He was in prison, and after the expiration of the 30 days of intimation, he moved the Court to fix the amount of caution for his appearance at all diets of Court, on finding which, he should be liberated. In doing so, he stated that the amount of the incarcerating creditor's debt was £50.

Lord President.—The amount of the incarcerating creditor's debt can afford us no rule for our guidance in this question. The whole debts amount to £1500. We are to order such caution as in the circumstances appears to be reasonable. We have but little information to guide us here, and the amount we fix must therefore be somewhat conjecturally decided on. I should propose to liberate on caution for £250.

The other Judges concurred, and

An order was accordingly pronounced for the pursuer's liberation, on his granting bond, with a sufficient cautioner, to attend all diets of Court whenever required, under a penalty of £ 250.

Solicitors: —Agents.

SS 16 SS 645 1838

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