Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Colheughers of Carnetyne
v.
Charles Pollocke

Date: 16 January 1650

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In the suspension at the instance of the Colheughers of Carnetyne against Charles Pollocke, who had charged them, upon a decreet before the Lords, by the which they were ordained to return to their work, reserving hinc inde, for damage and interest;—the reason, That they, being poor men, and many in family, were necessitated, as destitute of work and wages, to provide for themselves, having taken instruments that the charger's coal could not be wrought for water;—this reason, I say, was not found relevant, because the charger stands bound to them for a merk ilk day that they sat idle in his default; likeas, he offers him to prove, that when they took instruments, as is above expressed, so he took instruments also, that he had a new sink ready for working, which he was able to toom out or draw off the water within twenty-four hours. Neither were they poor, who became tacksmen to another work, and gave wages to others, whereby they strive to ruin the charger. And the like incident of interruption, by the ruin of a sink, falling out of before, they did not leave their work, in respect of the mutual bond, but wrought on till this time.

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