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Scottish Court of Session Decisions >>
The Weavers of Glasgow v The Weavers in the Gorbells. [1696] 4 Brn 307 (7 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040307-0667.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Weavers of Glasgow v. The Weavers in the Gorbells
Date: 7 February 1696
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By contract passed betwixt thir two incorporations, those in the Gorbells are obliged to pay in to the Glasgow websters 20 shillings Scots termly for every loom; and that for the privilege of working their trade, which the craftsmen of royal burghs might hinder these living in their suburbs to exercise, by the 159th Act Parliament 1592. From this agreement several questions arising, it was debated whether they were liable as a society, or only each man for his own part. 2do. If they were bound to collect their dues among themselves, and bring it to the Glasgow weavers, or if they ought to come to the Gorbells and exact it; whether the locus contractus be the rule, or if the debtor is bound to come and seek out his creditor and offer it to him.
The Lords thought this exaction not so favourable; and therefore found them not bound to collect it, nor pay it in, but only when it was required of them; and that they were not liable as a collective body, but each man for the looms he kept.
