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Scottish Court of Session Decisions >>
Andrew Atchison v William Laing. [1685] 3 Brn 559 (10 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030559-0847.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 10 November 1685
Andrew Atchison v. William Laing
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Andrew Atchison, writer to the Signet, pursues William Laing, on this ground, That Andrew had subscribed many letters and suspensions for him, and so he ought to pay him eighteen shillings Scots for each sheet, conform to the regulations 1672. Alleged,—That the clients and the employment were William Laing's own, and that he only borrowed Mr Atchison's name, because he was a free admitted writer; and that it was ordinary between masters and their prentices to take only 10 shillings for the sheet, they being at no trouble but only their subscriptions.
The Lords, in regard it was attested by some writers to be their ordinary practice so to divide it, and that it was William Laing's own employment, and the letters were dictated by him to his own man, therefore they decerned him to pay 10 shillings Scots for every one he had confessed, and allowed retention of the other 8 shillings to himself.
Andrew Atchison having, in a bill, complained that this was against the acts of the writers, to let other men's servants write their summons or letters; the Lords ordained the boy to be examined: who declared he was truly William Laing's man, and alimented by him; but his master lent him to Andrew Atchison by paction, to save that act of the writers.
Yet the Lords adhered. And the writers were resolving to fine Andrew Atchison for breaking the act, and colouring unfreemen: but he threatened to acquaint the Secretaries, his masters, to whom, at their entry, they paid of dues near 1000 merks; and yet the Lords brought in their servants pari passu with them, without putting them to prove there was a paction for communicating the gain. But the Lords thought it materially just, that he who was at a part of the pains should also have a share in the gain.
