Scottish Court of Session Decisions

Subject_1 WRIT.

Sinclair
v.
James Caddel, Upholsterer

1749, June 2.
Case No. No. 24.

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Caddel hired Sinclair as a journeyman for three years, by a writing, not stamped paper, and the writer not designed. He entered to the service and continued 15 months, and then left him. Caddel sued him in the Bailie-Court, who ordained him to make out his service, and granted warrant to incarcerate him till he found caution for that effect. He suspended, and objected, 1 st, That the contract was unlawful, being species servitutis; 2dly, Not stamped paper, as an indenture of apprentices ought to be, nor as all contracts must be; 3dly, The writing null, because no writer. But Murkle found the letters orderly proceeded, and gave expences, Sinclair reclaimed, and we had no regard to the first, nor did we look on him as an apprentice; but found some difficulty as to the other two; and on the whole, found that having begun the second year's service, he must complete that year, and adhered as to expences; but suspended as to the third year.