Allan and Mearns v. Skene of Skene, and Burnet of Monboddo
1728.
December Case No. No 5.
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The tacksmen of the fishing boats belonging to the village of Johnshaven, entered into a contract with the masters and crews of several of these boats, by which they became bound for the space of three nineteen years, to pay to the tacksmen forty four pounds Scots for each boat yearly; that during this time they were to be as adscriptitii or villani astricted continually to their respective boats, so that not one of them, during all that time, could remove from the village of Johnshaven, or so much as from one boat to another. Two of the above fishers being under age when they signed the contract, raised a reduction thereof, upon minority and lesion. The defence was, that there was no lesion, fishing being the pursuer's trade, and which, should they be loosed from this contract, they could follow under some other master, or in some other place. This contract was notwithstanding reduced, as being too great a restraint upon natural liberty.—See Appendix.
