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John Miln, mason, having charged Sir James Home of Eccles for payment of a sum of money due by bond, he suspended, and alleged that he had the benefit of the act betwixt debtor and creditor as to personal execution, seeing he had paid a year's annual-rent, and had consigned a bond of corroboration, joining the rest of the annual-rents to the principal. The charger answered, The suspender could not crave the benefit of the act, because he had not found caution for the principal and annual, conform to the said act; for his naked bond of corroboration with out caution, could not be interpreted security.
The Lords found the suspender behoved to give security either by caution or infeftment.
