Warning, in what Cases necessary. - How to be executed.
Duke of Queensberry v. Telfer
Date: 11 March 1756 Case No. No 85.
Miners and labourers about lead mines may be removed from houses which they possess without paying rent, on fifteen days premonition.
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Telfer was tacksman of the Duke of Queensberry's lead mines at Wanlockhead. Upon expiry of the lease, the Duke obtained a decreet of removing against him. Telfer did by a formal instrument give over his possession to the Duke's managers, who in his name acknowledged the acceptance thereof in terms of the lease.
Some of the minors, who had wrought under Telfer, had themselves built houses at Wanlockhead, others had been put in possession of houses by Telfer but none of them had paid any rent. They were all permitted to remain in possession of their houses for upwards of three months after the removal of Telfer. Letters of horning were afterwards raised upon the decreet of removing above mentioned, and Telfer was charged to remove himself, his subtenants, servants, cottars, dependants, &c.
Telfer preferred a suspension, and pleaded, That as his, renunciation had been accepted, and as the miners did not possess under him, nor pay any rent to him, he could not be charged to remove them. It was also contended on the part of the miners, That they could not be ejected in virtue of this decreet of removing obtained against Telfer. It is not the practice at Wanlockhead, or at any other mines, to turn miners out of their houses brevi manu. A formal warning forty days before Whitsunday is necessary, and has been frequently used. Most of the miners had themselves built the houses, and so far consider them as their own property, as to be in the practice of selling them to one another. And although they may be obliged to quit them upon being paid the expenses of building, yet they cannot be ejected summarily and without legal warning.
Pleaded for the Duke; The miners are neither cottars nor subtenants but they are servants who pay no rent to the master, and are removeable at his will; and although some of them have, by permission, themselves built the houses in which they reside, yet upon satisfaction being made to them for their expenses they may be removed without any formal warning. At the same time the Duke agreed to pass from all personal diligence against Telfer.
It occurred to the Court, That no formal warning forty days before Whitsunday was necessary for removing the miners, who were not properly tenants paying rents, but servants or labourers. At the same time it might bear hard upon these poor people to turn them out summarily without any premonition; and therefore,
“The Lords found, that there is no necessity of a legal warning to remove the miners, artificers, and labourers about the works; but that it is competent to the Duke of Queensberry, or his tacksman, to remove them upon a previous intimation of fifteen free days, made personally, or at their dwelling-places; and in case of their not obtempering the same, grant warrant to the Sheriff-depute to remove and eject them, reserving to such of the miners and others who have built or repaired their houses upon their own expenses, afterwards to insist against the proprietor or tacksman for any claim competent to them as accords.”
Alt. M'Intosh.Alt. W. Stewart,Clerk, Kirkpatrick.
Fac. Col. No 202. p. 300.
