Scottish Court of Session Decisions

Subject_1 STIPEND.

Marshall
v.
The Town of Kirkaldy

Date: 7 July 1738
Case No. No. 18.

A second Minister established by private agreement, not entitled to an augmentation.

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Where a second Minister is not established by the authority of the commission for plantation of kirks and valuation of teinds, but by private agreement with the heritors or Magistrates of burghs, neither he nor his successors are entitled to pursue an augmentation out of the teinds.

So it was found in the question between Mr. David Marshall, second Minister of Kirkaldy, and the Magistrates of the burgh, and Heritors of the parish of Kirkaldy.

Fol. Dic. v. 4. p. 299. Kilkerran, No. 1. p. 520.