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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Douglas v Sir John Stewart. [1773] 5 Brn 547 (00 February 1773) URL: http://www.bailii.org/scot/cases/ScotCS/1773/Brn050547-0612.html Cite as: [1773] 5 Brn 547 |
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[1773] 5 Brn 547
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PRISONER.
John Douglas
v.
Sir John Stewart
1773 .February .Click here to view a pdf copy of this documet : PDF Copy
John Douglas, being imprisoned for payment of the penalties imposed by statute, for selling excisable liquors by retail without license, applied for, and obtained the benefit of the Act of Grace. Sir John Stewart, solicitor of stamp-duties, brought a suspension. Informations were ordered. But it went off without a decision, February 1773. In this case the difficulty was increased, by the privilege of Crown debts, which are said to exclude a cessio bonorum; and by the danger of defeating all penalties enacted by excise laws, seeing, as the officers of the Crown have no fund for alimenting such prisoners, they would all come out on the Act of Grace.
Same point occurred again, March 1775, Cuthbertson against Sir John Stewart.
The electronic version of the text was provided by the Scottish Council of Law Reporting