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The Lord Ordinary, ‘in respect of the general notice of the question, and that the case involves interim arrangements affecting the interests of a numerous class of artisans labouring for their subsistence, made avizandum with the case to the Lords of the Second Division,’ with the following note:
Upon the question itself, as now prepared for consideration, the Lord Ordinary can probably suggest nothing which will not occur to the Court on a perusal of the ample materials here collected for their guidance. He can only state the views on which he would probably have proceeded had the matter been proper for the disposal of a single Judge.
I. The first inquiry is, what is the legal right of the operatives under the late statute, which declares the wages of the defenders not to be arrestable in so far as alimentary?
Dean of Faculty .—There they were held bound by virtue of their possession as a congregation.
P. Robertson .—If a party who sits in a pew be liable, so is he who eats the meal. But the question, as the pursuer understood, now to be decided on, was the quantum of wages necessary for aliment and exempt from arrestment.
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