Scottish Court of Session Decisions

Subject_1 PRISONER.
Subject_2 SECT. II.

Cessio Bonorum.

Colquhoun
v.
His Creditors

Date: 18 January 1662
Case No. No 89.

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Alexander Colquhoun in Glasgow pursues liberation, super cessione bonorum, The defenders alleged, Absolvitor, because they offer them to prove, that the pursuer did wittingly deceive them, in borrowing sums, and taking of ware from them, after he knew that he was insolvendo, and bankrupt. The pursuer answered, Non relevat, against liberty, which is a favourable cause, and can be stopped by nothing but fraudulent deeds, since the incarceration, or offering of aliment. The defenders craved, That if the Lords inclined to grant liberty, that the pursuer might be decerned to sit upon the dyvour-stone, and wear the habit. The pursuer answered, That was long since out of custom.

The Lords, before answer, ordained the pursuer's oath to be taken, upon the defence, whether he did contract these debts after he knew himself insolvent and bankrupt, and they resolved if it was so found, they would not grant him liberty without sitting upon the dyvour-stone, and wearing the habit.

Fol. Dic. v. 2. p. 172. Stair, v. 1. p. 84.