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Scottish Court of Session Decisions >>
Procurator-Fiscal v Wool-Combers in Aberdeen. [1762] Mor 1961 (15 December 1762)
URL: http://www.bailii.org/scot/cases/ScotCS/1762/Mor0501961-079.html Cite as:
[1762] Mor 1961
The Privileges of Burghs and Burgesses. - Monopolies.
Procurator-Fiscal v. Wool-Combers in Aberdeen
Date: 15 December 1762 Case No. No 79.
A combination among the wool-combers of Aberdeen, erecting themselves into a society, collecting money, &c. found to be of dangerous tendency, and was prohibited.
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The journeymen wool-combers in Aberdeen, did, in the year 1755, form themselves into a society, exacting entry money, inflicting penalties, &c. to be under the management of stewarts chosen every month. And though their seeming view was to provide for their poor; yet under that pretext several resolutions were made cramping trade, and tending to make them independent of their employers. A complaint against this society by the procurator-fiscal of the bailie-court of Aberdeen being removed to the Court of Session by advocation, the following interlocutor was pronounced: ‘The Lords having considered the plan upon which the society of wool-combers was erected, the regulations at first enacted, though afterwards abrogated, and the rules still subsisting; find, That such combinations of artificers, whereby they collect money for a common box, inflict penalties, impose oaths, and make other by-laws, are of a dangerous tendency, subversive of peace and order, and against law: Therefore they prohibit and discharge the defenders, the wool-combers, to continue to act under such combination or society for the future, or to enter into any such like new society or combination, as they shall be answerable; but allow them, at the sight of the magistrates of Aberdeen, to apply the money already collected for discharging the debts of the society; and the remainder to be distributed among the contributers, in proportion to their respective contributions.’
Upon a reclaiming petition, answers, replies, and duplies, the Lords adhered to the foregoing interlocutor, as far as it finds the society complained of to be of dangerous tendency, and consequently contra bonos mores. But they remitted to the Ordinary to hear the parties, whether the wool-combers may not be permitted, under proper regulations, to contribute sums for maintaining their poor. See Public Police.
