Turpis causa. - Sale to a White Bonnet at a Roup. - Obligation not to oppose reduction of a Verdict of Fatuity. - Transacting a Crime. - Transacting Church Penance. - British Subject purchasing a Captured British Ship. - Combination of Offerers at a Sale. - Combination to raise the rate of Wages. - Combination against receiving Money of a particular Coinage. - Pactum contra utilitatem.
John Young v. Procurators of the Bailie-court of Leith
Date: 1765 December 1765 Case No. No 96.
A regulation made by the bailies of Leith, confining the office of procurator before their court to those who had been apprentices to their procurators, or to their clerk, was found illegal.
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In the year 1722, certain regulations were made by the Bailies of Leith concerning the forms of procedure in the administration of justice, and the qualification of practitioners before that Court; among other articles, providing, “that when the procurators are not under three in number, none shall be allowed to enter except such as have served the clerk or procurator for the space of three years as an apprentice, and one year at least thereafter, beside undergoing a trial by the procurators of Court, named by the Magistrates for that effect.” Upon this article, an objection was made against John Young, craving to be entered a procurator, as having served an apprenticeship to an agent of character before the Court of Session, and demanding to be put upon trial. The Bailies having found the petitioner not qualified in terms of the regulations, the cause was advocated; and the Court found the said article void as contra utilitatem publicam by establishing a monopoly.
