Scottish Court of Session Decisions

Subject_1 POOR.

Kirk-Session of Humbie
v.
Hepburn

Date: 15 February 1751
Case No. No. 3.

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In a process betwixt the Kirk-Session of Humbie and Hepburn of Humbie and other heritors of the parish, the Lords found that the heritors have a joint right and power with, the Kirk-Session in the administration, management, and distribution of all and every one of the funds belonging to the poor of the parish, as well collections as sums mortified for the poor, and money stocked out upon interest, and have right to be present and join with the Session in the administration, distribution, and employing such sums, without prejudice to the Kirk-Session to proceed in their ordinary acts of administration, and application of their collections to their ordinary and incident charities, though the heritors be not present or attend; but for the better preventing the mismanagement or embezzlement of such funds belonging to the poor, found, that when any acts of extraordinary administration, such as uplifting money that hath been lent out, or lending or re-employing the same, shall occur, that the Minister ought to intimate a meeting from the pulpit for taking such matters under consideration, at least ten days before the holding of the meeting, that the heritors may have opportunity to be present, and assist if they think fit;—and decerned and declared accordingly. (See Dict. No. 5. p. 10555.)

See Heritors of strathmiglo, 9th june 1742, voce Communion-Elements.