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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wright v Ensign Lumsdean. [1742] 1 Elchies 32 (25 June 1742)
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Cite as: [1742] 1 Elchies 32
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[1742] 1 Elchies 32
Subject_1 APPRENTICE.
Wright
v.
Ensign Lumsdean
1742 ,June 25 .
Case No.No. 4.
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Ensign Lumsdean having enlisted one Wright to be a soldier, who was bound apprentice to a dresser of flax, he and the master applied to some Justices of Peace, who found he could not be enlisted contrary to the indentures, and set him at liberty; which being brought before us by suspension, the question turned some time on the common law, whether the Crown could take an apprentice without his master's consent? and I inclined to think not, and so did all of us who spoke, except the President. But my difficulty was on the clause in the mutiny acts against arrests; and after reading the clause, we delayed till Tuesday the 29th, when, upon the question, it was given in favours of master and apprentice, and the bill of suspension for the Officer refused. Pro, were Royston, Drummore, Justice-Clerk, Strichen, Kilkerran, Balmerino, and Dun the Ordinary. Con., were President, Minto, Munzie, Leven, et Ego.
The electronic version of the text was provided by the Scottish Council of Law Reporting