Scottish Court of Session Decisions

The pursuer was incarcerated on 3d May, in default of payment of a bill for £20, £19 of which was still due. Having made a claim for aliment, he deponed he was possessed of no assets: but in a summons of cessio, raised on 13th June, he stated he had assets to the amount of £68, 10s. His liabilities, he alleged, amounted to £336, 18s, one debt being for £150 to his father-in law, and one for £120 to his brother-in-law. No statement was made of how the debts were incurred, nor any proof given of their reality, and the only account he gave of his embarrassments was to the effect that he was a general dealer, and from his inexperience in business had got into difficulties. He also presented a petition for interim liberation, offering caution de judicio sisti. The incarcerating creditors objected to cessio or interim liberation being granted, and alleged their belief that he was in possession of further funds, and also of furniture.

When the petition was moved, the Court directed it to be heard along with the cessio.

Morrison for the pursuer.

Lees in answer.

The Court hoc statu refused the cessio, and also to grant liberation. There was no information here on which cessio could be granted. Practically it amounted to this—the pursuer was in prison and wanted out. But before that could be granted there must be some information given of how he contracted debt, or what he lived on, and generally as to the circumstances. The only information given was very unsatisfactory.