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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Treasurer of Herriot's Hospital v The Gardener of Herriot's Garden. [1751] 2 Elchies 417 (16 July 1751)
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Cite as: [1751] 2 Elchies 417
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[1751] 2 Elchies 417
Subject_1 PACTUM ILLICITUM.
Date: The Treasurer of Herriot's Hospital
v.
The Gardener of Herriot's Garden
16 July 1751
Case No.No. 20.
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The gardener of Herriot's garden contracted with Mr Lampe to allow him to have musical instruments in the innermost garden during the summer season at 6. at night. The Treasurer complained to the Magistrates, who found it highly prejudicial to the inhabitants of the city, contrary to the meaning of the sett of the gardener, and detrimental to the hospital, and therefore discharged it. The gardener presented a bill of suspension, which we refused 14th June 17 51. So far as appeared tome, our chief ground was, that it tended to debauch the young people, would be the occasion of clandestine and unreasonable marriages, and even worse, wherein I did not vote; but on a reclaiming bill, that danger seemed not so much insisted on, as that it would be hurtful to the boys in the hospital, where the worship begins at that hour. However, 16th July, the Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting