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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Margaret Baird, Widow of John Brown, v Lady Don and Sir Alexander Don. [1779] 5 Brn 514 (16 January 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1779/Brn050514-0547.html
Cite as: [1779] 5 Brn 514

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[1779] 5 Brn 514      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 MASTER AND SERVANT.

Margaret Baird, Widow of John Brown,
v.
Lady Don and Sir Alexander Don

Date: 16 January 1779

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This day, in a question betwixt Lady Don and Mrs Brown, whom my Lady had hired as housekeeper to her son Sir Alexander, to enter at Whitsunday 1777; the Lords were of opinion, 1mo, That although, in hiring servants, it is usual, in Scotland, to compute their wages at so much per annum, yet it is understood that servants are not hired for the year, but for the half year, unless it is otherways bargained. 2do, That it is necessary for master or servant, where they mean to give the other over, to give previous intimation thereof.—A modicum tempus was mentioned, but no particular number of days was mentioned. 3tio, That, notwithstanding the necessity of this previous intimation, where a servant at a term receives his or her wages, without complaint, gives up the charge committed, and departs,—this is a sufficient acquiescence, and they cannot afterwards object the want of intimation. 4to, The Lords were of opinion, that, where servants are hired to go to the country, it is usual for the master to be at the expense of bringing them to their place of service ; but then it is usual for them to be at the expense of carrying themselves back again.

In this case, Lord Monboddo pronounced this interlocutor :—“ As it is not denied that the respondent went away peaceably, gave up the things under her charge, and accepted of twelve shillings from Lady Don, to defray the expense of her journey, over and above her wages, assoilyie from this process.”

And to this interlocutor the Lords, on advising petition and answers, adhered.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1779/Brn050514-0547.html