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Scottish Court of Session Decisions >>
Horseburgh v Hyslop. [1727] Mor 585 (20 January 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor0200585-003.html Cite as:
[1727] Mor 585
Found relevant to annul indentures upon the statute, 8th of Q. Anne, imposing a duty on the sums stipulated, that a present had been, before tendering the duty, given to the master's wife, with his knowledge, whether bargained for or not.
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It being objected against indentures between a master and his apprentice, That they were null by the statute, eighth year of Queen Anne, imposing a duty upon sums stipulated by indentures, in regard that, contrary to that statute, five guineas had been paid to the master's wife more than the apprentice-fee inserted in the indentures. The Lords found it relevant to annul the indentures, that the compliment to the wife was contracted or agreed for at or before signing the indentures; and also found it relevant, that the compliment was given with the master's knowledge after signing the indentures, and before tendering the duty, though not previously bargained for.
