Privilege to Soldiers Exercising Trades within Burgh.
The Corporation of Shoemakersof Perth v. Elisabeth Macmartin
Date: 24 February 1790 Case No. No 119.
The daughter of a soldier found not intitled to authorise her husband to carry on a trade within burgh.
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Elisabeth Macmartin, the daughter of a private soldier, having married Cameron a shoemaker, he, as in her right, under the act of Parliament 3d Geo. III. began to exercise his trade within the town of Perth; on which account the corporation of that craft preferred to the magistrates a complaint against him.
In a process of advocation, it was
Pleaded for Elisabeth Macmartin: The statute of 3d Geo. III. has enacted, “That all such officers, soldiers, &c. who have been employed in the service of his Majesty, and also the wives and children of such officers and soldiers, may set up and exercise such trades as they are apt and able for, in any town within the kingdom of Great Britain,” &c. Now, as it is obvious that none of the handicrafts which come under the exclusive privileges of corporations either in England or Scotland, are such as women can be presumed ‘apt or able’ to perform with their own hands, the privilege thus conferred on the wives and children of soldiers, must be that of employing other persons to execute work bona fide for their behoof. The defender is therefore well intitled to exercise this trade by means of her husband.
Answered: In the preamble of the statute, those soldiers who are to enjoy the privilege bestowed by it, are described as at least ‘apt and able’ to make use of the respective trades; but according to the defender's plea, their wives and children would be more privileged than they themselves. It is evident besides, that were this interpretation of the statute to be sanctioned, it would give such opportunities for collusive devices, that the whole benefit of incorporated trades would be annihilated.
The Lord Ordinary found, that the defender had no title to the privilege claimed by her; and
The Court adhered to that interlocutor, on advising a reclaiming petition, with answers.
For the Corporation, Drummond.Alt. Dcan of Faculty.Clerk, Menzies.
Fol. Dic. v. 3. p. 105. Fac. Col. No 120. p. 232.
