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Scottish Court of Session Decisions >>
Heritors of the Parish of Strathmiglo v Mr George Gillespie Minister there. [1742] Mor 2491 (10 June 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Mor0602491-003.html Cite as:
[1742] Mor 2491
Heritors of the Parish of Strathmiglo v. Mr George Gillespie Minister there
Date: 10 June 1742 Case No. No 3.
Heritors having claimed repetition from a minister of the sum modified for communion elements, on account of neglect to administer the sacrament, were allowed to condescend on the years he had administered the sacrament.
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Some of the heritors of the said parish brought a process against Mr Gillespie, before the sheriff of Fife, libelling, That he had neglected to administrate the sacrament for several years; notwithstanding whereof, he yearly uplifted for his own use the sum modified for communion elements, by his decreet of locality, thereby depriving the poor of the parish of the sum of ——, justly appertaining to them by the laws or this kingdom: Therefore concluding, &c. The Sheriff pronounced the following interlocutor:
“Having considered this process, with the defences and answers thereto, ordains the defender to produce a signed condescendence of the time of his admission as minister of Strathmiglo, and of the years he has administered the sacrament since that time:”
Whereupon he offered a bill of advocation. See 29th November 1678, Birnie, No 1. p. 2489.; 21st July 1713, Heritors of the parish of Abdie, No 2. p. 2490.
