1000000030

·11

953'

11 .

Qur lall', from a confideration of compallioll,

.1·

1011'S

inllllyent

d~btors

apply for

rele.fe

from prillln,

upon

(f!fí'

bOllor" III,

i. ,.

upon Iheir making over

Ihe

creJilors all Iheir ellate, re

.Lnd perfonal. This mul! be

infin<d for, by way of "tI,,,n,

which all Ihe credilors

of Ihe poCon, r

oo~hl

be m.lde parties. The prifoner

mull, in Ih:s "ébon, "llIdl is cogniCab!e ooly by Ihe

cOlln

of Sellioo, exhibil a particular inventory of his e·

n!lte. an.!

Ol.ke

o:Hh thal h. has

olher

en.le

Ih·o is

therein contain_d, and thal he has made noconveyanee of

any pan of il, finee his imprilonment.

Ihe hurt

his

eredltor!. He Olulf alCo ulake oalh, whelher he has

grdnted aoy dilpofitlon of hls effctls before hls impriCon.

ment, and conde!cend on Ihe pe,loos

whom, alld on

the caufe o: grantlllg it ; Ihal Ibe coun may judge, whe·

lher, by any colJufive pratlic<, hehas forfeilcd his e1aim

liberty.

12.

A fraudulenl bankrupI is nOI a1lowed Ihis privi.

kge; nor a cdminal who is li,bl. in an all'Ylhment or

iodemai6calion

the parly injured

0 1'

his execulors,

Ihough Ihe crime ilfelf fhould be extinguifhed by a par·

don. Adifpofilion

anted on a

"Jlio bono,um

is merely

in fanlm Cecurily to the creditors, not io falisfatlion or

in folutum

of the debts

therefore, the debtor fhall

acquire aoy efim after his releafe fuch

en.te

may be at–

lached by his creditors. as if there had been no

"Jlio,

except

far as is nece¡rary for his Cubfifien,:e. Debt–

ors, who are fet free

ceJlio bonor"""

are obliged to

wear ahabil proper tod)'Vours orbankrupts . The Lords

are prohibited to difpenfe Wlth this mark of ignominy',

unlefs, in the Cummons aod proceCs of

ceJlio,

it be libel·

led, fufi.i ned, and piol'1:d, that the bankluplcy proceeds

from misfonuoe And hankrupls are condemned lo

(ubmil to Ihe habil, even wher.e

fufpI.ioo of fraud

lies agaian Ihem, if Ihey

~ave

beeo dealm in an illidle

trade.

13.

\VhereaprilOoer for débl declare! uponoath, be–

(óre the maglfirate of the jurildltlion, thal he ha! oot

whmwith to maintaln himfelf, Ihe magin" te m.y fet

bim at libeny, if Ihe :reditor, in

eonfequ~nce

of whufe

diligeoce he was imprifoaed, doe! not aliméot hlm wllhin

ten days afler intimation made for Ihat purl'ofe. But

the maginrate may, in

C~rh

cafe. detain him in prifon,

ir he chufes to bear Ihe bllrdeo of Ihe aliment; rather

lhan re/eaCe him. The n. tule authorifing thi! rdeafe,

which is ufual/y called Ihe atl of grace, is limited tO the

cafe of prifoner! fo r civil debls.

14' Oecrm are executed againn ¡he mo.eable efiate

of tbe debto by arrenmen: or pomding .; .nd againn his

heritable enm, by inhibilioo, or adjudication lf oo.e

condemned, in a removinr, or olher procefs,

quit

lbe poll'effion of I,nd!, and refufés, nOlwilhnanding a

cha'ge. Imm of eje/lion are Aranted of courfe, ordain–

ing the fherifP

ej~tI

hinl; dnd tO enler the obl.iner of

Ihe de' rce iotopoll',llion. Where one oppof,s by "iolrnce

Ibe execution 01 a decree, Or of .ny la\Viul diligence,

which Ihecivil m' g'[hm

not able Iy himfdf dnd his

offi cers to make

,od, Ihe execulioo is enforced

I/Ial/u

1II/lltari.

A dec:ee·arbi tral, whi:h is fentence proceeding

a fubOlinion to arbiler!, has fome allinlly \Vllh a ju-

VOL,

JI.

Numu,

66.

dici.1C,ntenee, thollgh in moll refpetls the IWO difl'tr'.

Cubmiflion is a contratl entered into, by tWO or more

pmies who have difputable rights or e1aims, whereby

they refer their differcnces 10 the final determination of

3n "biler or

~rbilers,

and oblige Ihemfdves to acquiefce

in \Vhat Ihall be decided. Where Ihe day wilhin which

the arbiler! are to decide, is left blank.inthe Cubmiflion,

prallice has limiled the arbiters power of deciding 10 a

ye". As this has proceeded from the ordinuy words

of nyle, empowering the arbiter! to determine betwixl

and the

day of

oext to come ; Ihere–

fore, \Vhere a Cubmilfion is indefinite, withoUl fpecifying

any time, Iike all other contratls or obligations, it fub.

fills for forty yem. SubmiflionJ, like nundms, expire

by the death of any of the parties.Cubmitters before feo–

tence. A! arb'lers are nOI . elled wllh jurifditlion, thcy

cannor eompel witnell'es

make oath before them, or ha–

ve" of writings to exhibil them.; but this defetl is Cup_

plicd by the COU rt of Sellioo, \Vho, al tbe fuil of Ihe ar–

biters, or ofeilher of the panies, will granl warrant for

cit,ng witnell'es, or for the exhibition of writings. Fer

Ihe (ame realon, the power of arbiters i! barely 10 de–

cide; Ihe executiooof the decree belongs to Ihe judge.

Where the fubmiuers conCenl to Ihe regillralioo of Ibe

decree·arbitral, performaoce maybe eoforced by fummary

ddigeoce:

16:

The power

arbiler! i! whollyderivedfronrlhe

confent of pWles Hence, \IIhere their powers are li–

miled

a cemin day, Ihey c"nOOI pronounee fentence

after thal day. Nor

canthey.fu

bjetl.panies toa penalty

higher than thal which they have· agreed to iD Ihe fub–

millioo. And where a fuhmtllion is limiled tO fpecial

e1ai,"s,

fentenc~

prunouoced on fubjetls not fpecificd iD

the fubmillion is null, as being

.Itra vim

COIllpromiJIi.

17.

But, on the olhet part, as fubmill'l.Ons are defign–

ed for a

mol~

fa.ourable 'purpofe, the amicable compo–

fing of diff¿rences, the powers thereby conferred

ar.

biters receive anample iOlerpretation. Oecrees·arbitral

are not reducible upoo aoy grouod, exeept corruption-. ,

bribery, or falfehood.

T it.

26:

Crimc!.

T HE word

crilR~,

in ils mon general feofe, ineludes

every breacb, eilher of the laIV of God, or of our touo–

try; in a more relLilled meaoing, it fignifies fueh tranC–

grellions of law as are punifhable by coum of junice.

Cri,"es were, by Ihe !tomaD law, dividedioto public and

private. Public crimes were . thoCe that were expreCsly

deelarcd fuch by fome lawor confillulion, .nd which, on

account of their more mocious nature and hun/'ul con–

Cequences, might be prOfeCUled hy any member of the

comOlunity. Private.crimes could be purfued only by

the

p~ny

iojurcd, and were generally punilhed by a pe–

cunialy lilte

be appliedto his ufe. By Ihe lawofScot–

land. no private PUty, except Ihe perfon injured, or his

n,x I of hin, can accufecriminaJJy: hUI Ihe Klng's Advo–

cate, \Vho in !lns quellion reprefents thecOOlmunity, has

right tO profecute aJl criOles

in vindifl.tII publicnm,

thllu~h

Ihe party Injurcd fhOllld refufe

con•.ur. Smaller

oJl'cnces, as

pwy

riots, injuries,

&.-,

IVhich do not de-

mand