cessio

“He has been a candidate for our remedium miserabile,” said Mr. Hardie, “commonly called a cessio bonorum.

The Heart of Mid-Lothian 2007

Can you not state a case of cessio without your memorial?

The Heart of Mid-Lothian 2007

I could plead a cessio myself without the inspiring honours of a gown and three-tailed periwig — Listen. —

The Heart of Mid-Lothian 2007

By abolishing imprisonment for debt (except in regard to crown debts and public rates and assessments), the legislature also practically abolished this use of the process of cessio, and the process itself would probably have become obsolete, but for certain changes effected by the act of 1881, which have given it a different and more extended scope.

Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Various

French code based on _cessio bonorum_ -- which ruled in Quebec.

Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Various

Both conveyance (_mancipatio_) and surrender in court (_in iure cessio_) are confirmed.

The Twelve Tables Anonymous

By insolvency concurring either -- (a) with a duly executed charge for payment or (b) with sale of effects belonging to the debtor under a poinding or under a sequestration for rent, or making application for the benefit of _cessio bonorum_.

Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Various

Under the law existing prior to these enactments, the process of _cessio bonorum_ operated chiefly as a means for obtaining release from imprisonment for debt on a formal surrender by a debtor of all his goods and estate.

Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Various

Orders of cessio are only made in the sheriff courts, and when made, the court also appoints a trustee, who conducts the proceedings without the control exercised by the creditors in a sequestration.

Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Various

Under these conditions it will be seen that the original purpose and constitution of the process of cessio has entirely disappeared, and it has now become a modified form of official bankruptcy procedure, with a less elaborate routine than in the case of sequestration, and one perhaps more suitable to the smaller class of cases, to which in practice it is limited.

Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Various