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[1696] 4 Brn 304      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Tweeddale and Pirie, Litsters in Edinburgh,
v.
the other Litsters Incorporated with the Walkers and Bonnetmakers

Date: 4 February 1696

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Newbyth reported Tweeddale and Pirie, litsters in Edinburgh, against the other litsters incorporated with the walkers and bonnetmakers. The Towncouncil of Edinburgh, on a recommendation from the Parliament 1681, granted a seal of cause to the litsters, uniting them with the bonnetmakers, and so giving them the privileges of one of the fourteen deaconries; whereon they attempting to discharge thir pursuers from exercing their trade, they raised a declarator, Alleging,—They were in the actual exercise and possession of their trade at the time of the said erection, and so could not be prejudged nor debarred during their lives. Answered,—The space of three months after the patent was limited for their incoming to be members; which they having neglected, they ought not to be received now.

The Lords found, They being freemen before the seal of cause, they ought to be assumed yet, and that without trial or examination; but not their prentices: And found, They might debar any who had taken on them to exerce this trade after the erecting of the said incorporation; else seals of causes would signify nothing.

Vol. I. Page 707.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040304-0662.html