Clerk v Ross and Others

 

26 'Petition for John Clerk Esq Agt Hoods & Reid' 1771

 

This is a copy of a decision in a previous court case against these two colliers

 

5 March 1771
Unto the honourable Sheriff Depute of the Shire of Edinburgh
The petition of John Clerk Esq of Eldin

Humbly sheweth
That in the process at your petitioners instance against Thomas Hoods and William Reid coliers, your Lordship was pleased on the 27: ultimo to pronounce the following interlocutor - "having considered the proof adduced by both parties with the whole process finds it proved that the defenders agreed with the pursuer Mr Clerk to work at his coal of Pendriech during his tack of the Dryden Coal. Therefore ordains them to fulfill their said agreement, and to enter to work at Pendriech Coal".
That in the course of the process your petitioner that has been put to some expenses amounting to the sum of two pounds ten shillings and 2d sterling conform to an account subjoined, which your petitioner apprehends he ought to be reimbursed of by the said defenders Thomas Hoods and William Reid, seeing they have occasioned this expense by their litigiousity and therefore the practitioner hopes your Lordship will find them liable in this expense with the expense of the warrant on decreet to follow thereon.
Your petitioner also with submission apprehends that in the case of coaliers, or indeed all other servants, the master is by law entitled to a summary warrand to incarcerate the servants or coaliers till they finds caution to return and perform their service in place of the tedious form in ordinary cases by taking out letters of horning and caption, this seems to have been the constant practice formerly and your petitioner apprehends in case of coaliers there is the greatest reason for granting such warrant from the nature of the people, and indeed even in the case of ordinary servants, that the police of the country and reason sufficiently require said summary procedure. And the petitioner therefore hopes your Lordship will grant warrant summarily to incarcerate the said Thomas Hoods and William Reid till they find caution to return and perform their work.
May it therefor please your Lordship to find the said Thomas Hoods and William Reid liable in the said sum of two pounds and ten shillings and 2d sterling of expenses and to decern against them therefor, and for the expense of the warrant or decreet to follow hereupon, as also to grant warrant to incarcerated the said Thomas Hoods and William Reids till they find caution to return and perform your petitioners work in his coal at Pendriech.
According to Justice
Samuel Watson

Accompt of Expenses

To the dues of the petition and warrant To paid for the declarations Hoods and Greig To apprehending the defenders and bringing them to town To fees of another warrant To an officer for intimating the same To summoning three witnesses and precept The dues of the depositions	£ " " " " " " "	3 2 10 3 1 1 3	" " " " " 2 6
To a Procurator and his Clerk for drawing the petition, attending upon the declarations of the defenders, depositions of the witnesses at different dyets, drawing answers to the petition for the coalliers and this petition, attending on the cause in court, and corresponding with the parties.	1	6	"
To dues of this petition	" £ 2	" 10	6 2
To the expense of the warrant or decreet to follow hereupon

27th March, 1771
The Sheriff having considered this petition which was seen by the defenders Procurator and returned without answers finds the defenders libelled in twenty shillings sterling of expenses and grants warrant to the officers of court and the executors of the law to apprehend and incarcerate the defenders in the Tollbooth of Edinburgh until they find caution to return to the petitioners coal works of Pendriech and to continue thereat during his tack of Dryden coal.
Ar. Cockburn

 

[Unfortunately is is impossible to say if they were imprisoned as there is an almost unbroken series of books for the tolbooth prison except for a gap in 1771! ]