Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Skinners of Edinburgh v. The Fleshers of the Canongate
1677 and 1679.
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1677. November 22.—The Town of Edinburgh and their Skinners, both by an Act of the Convention of Burghs, and an Act of the Town-Council of Edinburgh, having the inspection of the hides and skinsbrought to the markets by the fleshers, to see if they be cut or abused in the flaying, and rendered insufficient,—it being a staple commodity curried abrial —of been empowered and in use to fine, where, upon visitation, they found them faulty and insufficient: and having fined some of the dashers of the Come unto upon this head, they presented a bill of suspension, founded on their seal of cause, from the Baron of Broughton, in 1612, erecting the dashers in a corporation, and so could not be visited by strangers. See the debate in the Informations. Which being reported to the Lords by Reidfurd, they found their seal of cause, from the Baron of Brughton, gave the defenders express power to impose, exact, and levy; and that it was anterior to the Town of Edinburgh's right to the regality of the Canogate; yet that the baron-bailie, put in by the Town of Edinburgh, came in place of the lord of the regality, and was not so denuded and secluded thereby but that they might also fine for insufficient skins, the jurisdictions being cumulative.
Then the Fleshers of the Canongate offered to prove they were in immemorial possession of fining, conform to their gift and seal of cause. And the Town of Edinburgh, and the Skinners and Cordiners of Adhduawh, their visitors, proponed upon interruptions, and their use likewise of fming in the Canongate. Both which were admitted. See Act 85, parliment to Queen Mary, in 1563; anent bringing Skin and Birne to the Market. Blane is the burnt mark.
The words of the interlocutor be these:—The Lords having considered the. seal of cause produced, they find the Fleshers of the Canogate are incorporated in a free trade; and have the privilege of their said sad of causa, and may apply the fines arising by their own acts, to their own poor, conform to the said seal of cause. And find, that the baron-bailie of the Canongate can only judge of transgressions of the Act for visiting skins and hides; but may appoint visitors to visit the skins of beasts, either killed by the Fleshers of the Canongate or brought to the markets thereof, and to report. And find the fines imposed by the baron-bailie, for transgressions of the said acts, are not applicable to the poor's box of the fleshers of the Canongate.
Advocates' MS. No. 660, folio 308.
1679. January10.—The cause of the Skinners of Edinburgh against the Fieshers of the Canongate, being again reported to the Lords;—they adhered to their former interlocutor; and find, that the Town of Edinburgh has the nomination of the visitors of the skins, and will not limit them therein; but recommend to the magistrates to choose honest and fit persons. As also, for the second point, find the Incorporation of the Fleshers of the Canongate, by their seal of cause from the Barons of Broughton, in 1610, has not the right of thir fines; but give them to the baron-bailie, as they had done before.
Vol. I. Page 32.
Anent Gestio pro Haehede.
One, as heir to his goodsire, passing by his father, is pursuing for a debt owing to his goodsire. The defence against the debt is, that it was prescribed, and past forty years. He Answers,—Interrupted by his father's minority. Quær. if this will be a behaviour as heir to his father, since, by making use of his father's minority, reportat commodum, and he reaches the sum contained in this bond; which otherways would be found prescribed. The eminent lawyers differed in their opinions upon this question. Vide infra, a similar case, stated at the end of February 1680, No. 5.
