BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Mr James Philp, and the Moderator and Presbytery of Ellon, v The Heritors of the Parish of Cruden. [1724] Mor 12539 (2 December 1724)
URL: http://www.bailii.org/scot/cases/ScotCS/1724/Mor2912539-425.html Cite as:
[1724] Mor 12539
Mr James Philp, and the Moderator and Presbytery of Ellon, v. The Heritors of the Parish of Cruden
Date: 2 December 1724 Case No. No 425.
Found that minutes of a Presbytery might be disproved, by proving they were disconform to the records.
Click here to view a pdf copy of this documet : PDF Copy
In the process betwixt the above parties, about settling Mr Philp schoolmaster of Cruden, observed the 7th February last, voce Public Officer, the defenders offered to disprove the extract of the proceedings of the presbytery, with respect to due intimation having been made, by their order, to the heritors; against which the pursuers objected, That presbyteries, being Courts of Record, extracts from their records ought to be sustained probative of their proceedings, as well as other Courts of Judicature.
It was answered for the defenders, That whether presbyteries were Courts of Record or not, it was certain that the alleged proceedings, in any interior Court, may be disproven per membra curiæ, as the extracts from thence may be by the original minutes; or otherwise too great a power would be given to clerks, of framing wrong minutes, and giving wrong extracts.
The Lords found, that the defenders might disprove the minutes of presbytery, produced for the pursuers, by proving, that the minutes produced were disconform to the records, and that the facts therein mentioned were not so done; and remitted to the Ordinary to grant commission to the Judge Ordinary of the bounds to inspect the records, and receive the oaths of the clerk and other members of the Court.
Reporter, Lord Pencaitland.Act. Jo. Dundas.Alt. Ja. Graham, sen.Clerk, Hall.
Fol. Dic. v. 4. p. 165. Edgar, p. 124.
