MASTER AND SERVANT CASE

At the Small Debt Court on Thursday,  a case under the master and servant act was brought up before Sheriff Thomson,  which involved some points of interest to the public. The pursuers were Messrs Stewart, Rowell, Stewart & Co., of Aberdeen Comb Works, and the defender James Keason, an apprentice in their employment.

The latter, on the 18th May, 1872,  having agreed to serve an apprenticeship of four years, and in consequence of which agreement he had been learned at considerable expense to perform difficult kind of work required in the manufacture of combs.  Defender having failed to fulfil his agreement, pursuers had suffered loss and damage to the amount of £20,  which was the sum sued for. 

On 5th June, 1878, Keason had engaged himself to Mr Elrick, another comb manufacturer, and gave in his notice to Messrs Stewart that he was to leave, which was not accepted by them, defender giving his excuse for leaving that he was to cease working at the trade of comb-making, and was to take work at stone polishing. Messrs Stewart, however, insisted that he should sign a bond requiring him to fulfill his engagement. This ultimately he did in the presence of two witnesses produced in court. The defense was that there had been no binding agreement entered into between and his employers, and that he had been coerced into signing the bond produced; also that defender was a minor, being only 18 years of age.

The Sheriff reserved his decision until yesterday, when he issued an interlocutor to the following effect. He wished it to be distinctly understood that by the law of Scotland all employers of labour require a written Bond of agreement from their servants in all engagements which extend beyond one year. The pursuers had not done so, and were so far wrong. The plea of minority offered by council for the defender he could not allow, as Keason had apparently all his wits about him when he left an employment at which he was only earning 18s per week to enter another where he was to receive 22s per week.  Defender had also prevaricated when he said he was to leave his employment with Messrs Stewart to become a stone polisher, whereas he had entered into and engagement with another employer in the same business as the Messrs Stewart. In regards to coercion having been used to make Keason sign the agreement, he ( the Sheriff)  held it not proven that undue pressure had been exerted.  Some reasoning had doubtless been necessary to bring him to fulfill the obligation he was under to pursuers in teaching him a branch of the business which had put them to some expense. He would therefore hold defender liable to pursuers for the amount of £3,  and £2 2s  of expenses;  seven days to pay it,  and failing payment,  to be imprisoned for 15 days. 

Source : 1872 press cutting