M'KENZIE v M'LEAN (Court of Session)

II. It is illegal and oppressive to re-imprison a civil debtor, liberated under the act of grace for a discontinuance of aliment, without paying aliment to him on his re-imprisonment.

III. An agent entrusted with general powers, and still more if entrusted with the execution of legal diligence, is bound to receive intimation of the debtor's proceedings under the act of grace; and his refusal will be held to be the refusal of the creditor.

IV. Where an oppressive use, or an abuse, of personal diligence can be instructed, the law will interfere to correct that abuse by liberation of the debtor.

V. After intimation to an incarcerating creditor, in terms of the act of grace, if the debtor be arrested in prison by another creditor, there is no necessity for intimation to him. He must find instant security to aliment, or the prisoner may be liberated.

I. Under the act of grace 1696, chap. 32, personal intimation to the incarcerating creditor is necessary, before the magistrates of a burgh are entitled to liberate the debtor, upon the ground that the creditor has refused, or improperly delayed to aliment him.