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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020520-0879.html

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[1671] 2 Brn 520      

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

Anent Apprentices


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Where a prentice was bound with a master by the space of five years, more or fewer, and either the master or the prentice dies before the expiring of the prenticeship, it has been questioned whether the whole prentice fee can be exacted yea or no; and the Lords have sundry times found, it being a contract bonæ fidei, et bonum et æquum claiming much part therein, the prentice fee should be divided pro rata temporis that the prenticeship subsisted, and no longer. Vide infra, No. 256. Archibald Hyslop. Vide Paulum, in l. 4, p. 5. de Statu liberis. Vandum libro 1. varia: Quæstionum. Infra, July 1677. No. 628.

Advocates' MS. No. 133, folio 90.

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


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