Powers and Privileges of Corporations. - Employment of the Funds.
The Corporation of Weavers in the Town of Cupar, v. David Wilson and Others
Date: 18 June 1785 Case No. No 114.
The act 24th Geo. II. c. 31. permitting the exercise of the trade of weaving in towns to unfreemen, does not infringe the authority of the corporation over its own members.
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The Corporation of Weavers in the burgh of Cupar, enacted, That, no freeman should undertake to teach his art to apprentices who did not become members of the corporation.
David Wilson and others having transgressed this regulation, were fined by the bailies. In a suspension, they urged the act 24th of his late Majesty, by which it is, inter alia, provided, ‘That every weaver or manufacturer of linen, flaxen, or hempen cloth, shall, and may, and is hereby authorised to exercise the said respective trades within any city, town, corporation, burgh, or place in Scotland, without any let or hindrance, from any person, or persons whatever, and without being chargeable or charged with payment of any entry-money or other duty whatever, for or in respect of their following such trade or business.’
The Lord Ordinary repelled this reason of suspension, being of opinion that the enactment above recited, permitting the exercise of the trade of weaving in towns to unfreemen, or those who were not burgesses, did not preclude this corporation from enacting by-laws for the government of its own members.
The suspenders reclaimed; but the Lords refused the petition without answers.
Lord Ordinary, Kennet.For the Petitioners, Blair.Clerk, Orme.
Fol. Dic. v. 3. p. 110. Fac. Col. No 211. p. 330.
