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George Durie and David Black v Mr Thomson Minister at Dumfermline. [1755] Mor 5161 (12 December 1755)
URL: http://www.bailii.org/scot/cases/ScotCS/1755/Mor1205161-040.html Cite as:
[1755] Mor 5161
George Durie and David Black v. Mr Thomson Minister at Dumfermline
Date: 12 December 1755 Case No. No 40.
The money to which a minister is entitled in lieu of grass, is payable by the heritor of the nearest kirk-lands, but he has proportional relief from the proprietors of the other kirk-lands in the parish.
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The Minister of Dumfermline applied to the presbytery for the L. 20 given by the act 1663, c. 21. where no designation of grass can take place.
The presbytery ordained the heritors of the kirk-lands lying next ewest to the kirk and manse to pay the L. 20.
The heritors suspended, and insisted, that the statute lays this burden upon the whole heritors of the parish, they having relief from the heritors of kirk-lands; and that so was found in the case of Kilwinning, No 38. 5157.
Answered for the Minister; The statute surrogates the L. 20 in place of the grass; and from the words of it the same persons are liable in both, and in the same manner. In the case of Kilwinning, there were none but kirk-lands with in the parish.
‘The Lords found, That the L. 20 is payable out of the kirk-lands of the parish of Dumfermline, and that the nearest heritor of the said kirk-lands, is immediately liable in payment to the Minister, reserving relief to the said heritor from the other heritors of kirk-lands.’
Charger, M'Intosh.Suspender, Ferguson.Clerk, Forbes.
Fol. Dic. v. 3. p. 252. Fac. Col. No 171. p. 254.
