Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

The Deacon of the Weavers
v.
The Magistrates of Edinburgh

Date: 1 June 1667

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The Deacon of the Weavers,—being imprisoned by the Magistrates of Edinburgh, because he had disobeyed their order anent the putting in their hand a box for the poor of the journeymen, until some questions betwixt the masters of the trade and the journeymen of the same should be decided,—did crave, by a bill, to be enlarged, upon that reason, That the craft had intented a reduction of the contract betwixt their predecessors and their journeymen, concerning the keeping and having a box for the poor of the journeymen: and that, until the decision of the process, the box ought to be kept by their deacon.

The Lords ordained the complainer to be enlarged, by consigning the box in the clerk's hands.

Upon occasion of the said process, it wras agitated amongst the Lords,—Whether there could be a contract and transaction betwixt the craft and journeymen, who are not an incorporation, and cannot oblige their successors, seeing there can be no successors but of a person or incorporation.

But the Lords, without giving interlocutor upon that point, ordained the reduction to be heard summarily.

Mackenzie. Alt. Lockheart. Gibson, Clerk.

Page 29.