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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith and Others, Petitioners [1867] ScotLR 4_109 (19 June 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0109.html
Cite as: [1867] ScotLR 4_109, [1867] SLR 4_109

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SCOTTISH_SLR_Court_of_Session

Page: 109

Court of Teinds.

Wednesday, June 19 1867.

Lord President

4 SLR 109

Smith and Others, Petitioners.

Subject_1Church
Subject_2Parish
Subject_3Disjunction and Erection
Subject_4Boundary.
Facts:

Circumstances in which the Court refused to sanction the proposed boundary of a new parish. Petitioners allowed time to amend.

Headnote:

This was a petition at the instance of the Endowment Scheme Committee of the Church of Scotland, and others, for disjunction and erection of Leadhills. It appeared that the parish of Crawford, in which Leadhills is situated, contains about 1500 inhabitants. About 900 of these are miners, and reside at the village of Leadhills. It was proposed to erect Leadhills into a parish; and in order to include in the new parish a sufficient portion of land, belonging to Lord Hopetoun, who is the principal heritor, to give a stipend of $68 at 3 per cent. on the rental, it was proposed to cut off from Crawford parish, and make part of the new parish, a large but thinly populated district to the south of Leadhills, containing a population variously estimated at from 60 to 100 persons.

Shand, for parishioners and others, objected, on

Page: 110

the ground that the part of the parish thus proposed to be taken from Crawford and added to Leadhills would be very much inconvenienced by the change, and the people would have a much longer road to travel to church than they had at present.

A. R. Clark and Watson for petitioners.

Judgment:

The Lord President—The Court are not prepared to sanction the proposed boundary. The sole object of adding these fifteen square miles, containing these fourteen families, to Leadhills district, is to enable the petitioners to carry out their scheme of provision for stipend to the Leadhills minister, and it is plain that but for that purpose no one would have thought of including it in the proposed new parish. It will be for the petitioners to say whether they desire to amend their boundary.

The petitioners were time accordingly allowed time for consideration.

Counsel:

Agents for Petitioners— Marshall & Stewart W.S.

Agents for Objectors— Mackenzie & Kermack, W.S.

1867


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URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0109.html