Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 MONOPOLY.

Stewart
v.
Souter

1776. August .

Click here to view a pdf copy of this documet : PDF Copy

For the sake of police, it is understood that the Magistrates of a royal burgh have power to erect workmen, in a particular way, into small societies with exclusive privileges. This is the case of the chairmen and porters in the city of Edinburgh. The consequence is, that no person can carry a chair, except an entered chairman; nor any man act as a porter, except an entered porter. But, on account of the multiplicity of porter business in the city at the term of Whitsunday, the term of flitting and carrying furniture, it has been usual for the inhabitants to employ chairmen to carry their furniture. At the same time it has been usual for the Magistrates to publish an annual order, “ discharging all guard soldiers, chairmen, and others, not entered with the society of porters, or being burgesses of the city, from carrying furniture at the term of Whitsunday, unless they pay twenty-pence into the porters' box for the use of the poor.” Accordingly, having issued this order at Whitsunday 1776, the legality of it was contested by certain chairmen ; and they, being pursued before the Magistrates, and decreet pronounced against them, presented a bill of suspension of the decreet, which was refused by Lord Covington. And, upon bill and answers, the Lords adhered.

The Lords went upon reasons of police, immemorial usage, and the power of Magistrates.