30. Decrees of the court of session are either in foro contradictorio, where both parties have litigated the cause, or in absence of the defender. Decrees of the sion in foro cannot in the general case be again brought under the review of the court, either on points which the parties neglected to plead before sentence, (which we call competent and omitted,) or upon points pleaded and found insufficient, (proponed and repelled.) But decrees, though in foro, arc reversible by the court, where either they la bour under essential nullities, e. g. where they are ultra petita, or not conformable to their grounds and warrants, or founded in an error in calculo, &c. or where the party against whom tire decree is obtained, has thereafter recovered evidence sufficient to overturn it, of which he knew not be fore.
31. The sentences of inferior courts may be reviewed by the court of session before decree, by advocation, and after decree by suspension or reduction; which last are also the methods of calling in question such decrees of the session itself as can again be brought under the review of the court.
32. Reduction is the proper remedy, either where the de cree has already received Intl execution by payment, or where it ordains nothing to be paid or performed, but sim ply declares a Elgin in favour of the pursuer. Suspension is that form of law by %vnien the effect of a sentence-con demnatory, that has not yet received executions, is stayed or postponed till the cause b.; agani considered. If the reasons of suspension be repellc ii, the court find the letters of diligence orderly proceeded i. e. regularly carried on ; and they or dain Nem to ae put or Cal ther a >z. eution.
33. An appeal lies in the last ra s.n't to the House of Lards;
and by an order of that house. 24 March 1725, uo appeal is to be received by them hoot sentences ut the session, tiller five years from Lx? tacting toe sentence, unless the person entitled to such an appeal be minor, clothed with a husband, non compos mentis, imprisoned, or out of the kingdom.
34. Decrees are carried into execution by diligence, either against the person, or against the estate, of the deutor. The first step of personal execution is by latters of horning, which are granted by warrant of the court of t,ession, not only on their own decrees, but on those or magistrates of boroughs, sheriffs, admirals, and commissaries. If the debtor does not obey the will of the letters of horning within the days of the charge, the charger, after denouncing him rebel, and registering the horning, may apply for letters of caption, which contain a command, not only to messen gers, but to magistrates, to apprehend and imprison the 35. Our law, from a consideration of compassion, allows insolvent debtors to apply for a release from prison upon a ces.fio bonorum, i. e. upon their making over to their credi tors all their estate, real and personal. This must be insisted for by way of action, to which all the creditors of the pri soner ought,to be made parties. A fraudulent bankrupt is not allowed this privilege.
36. Decrees are executed against the moveable estate of the debtor by arrcstment or poinding, and against his herit able estate by inhibition or adjudication, of all of which we have already spoken. Letters of poinding, as well as of horning, may be issued by warrant of the court of session on the decrees of inferior judges.