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Scottish Court of Session Decisions >>
Hodges v Mr Bryce, Minister of Kirknewton. [1756] Mor 5162 (27 February 1756)
URL: http://www.bailii.org/scot/cases/ScotCS/1756/Mor1205162-041.html Cite as:
[1756] Mor 5162
Ground may be assigned to a minister for grass, tho’ it has been in use of being ploughed for three years, and lying in grass three years alternately.
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The presbytery of Edinburgh designed outfield, which had been in the constant use of being ploughed, and lying in grass alternately, for the minister's pasturage.
Alleged for the Heritors, in a suspension; Arable land cannot be designed. The statute 1663, c. 21. ordains L. 20 Scots to be paid yearly, if there be no kirk-lands lying near the minister's manse, “or if the said kirk-lands be arable land;” and this matter was so determined, Steele against His Parishioners No 7. p. 5131.
Answered; The ground designed is bare, with a large rock in the middle of it; and, as it has confessedly been in use to lie sometimes in lee, it might be designed. The construction which the heritors put upon the act goes too far; few ministers would be entitled to grass, if no ground could be designed, any part of which is arable. The decision from Fountainhall does partly support the designation. It was found, “That the heritors must not in æmulationem till up that which was in use to be lee, since they so must leave nothing for the minister but moss, muir, hills, or rocky ground, to the defrauding the good design of the law, and the minister's manifest prejudice.”
“The Lords refused the bill.”
Act. W. Wallace.Alt. D. Dalrymple.Clerk, Home.
Fol. Dic. v. 3. p. 252. Fac. Col. No 192. p. 284.
