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Scottish Court of Session Decisions >>
David Wilkie v The Heritors of the Parish of Cult. [1793] Mor 2493 (13 February 1793)
URL: http://www.bailii.org/scot/cases/ScotCS/1793/Mor0602493-005.html Cite as:
[1793] Mor 2493
David Wilkie v. The Heritors of the Parish of Cult
Date: 13 February 1793 Case No. No 5.
The Court cannot award an allowance for communion elements oat of the stock.
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In a process of augmentation brought by Mr Wilkie, minister of the parish of Cult, the Court awarded to him, by way of stipend, ‘the whole teinds, parsonage and vicarage, including therein L. 40 Scots for furnishing the communion elements.’
The pursuer presented a petition, praying that the sum allowed for communion elements should be increased. The petition was refused,, without answers.
A second petition was offered for the same purpose, in which two cases were stated where the Court, after the teinds were exhausted, had burdened the heritors with a sum for communion elements, payable out of the stock. In answer to this petition, the heritors
Pleaded, The teinds alone are burdened with the expense attending the administration of the sacrament; and indeed the commission of teinds has no authority to pronounce any decree which cannot be made effectual from them; 1572, c. 52.; 1592, c. 123. 166; 1606, c. 2.; 1617, c. 3.; 1621, c. 5.; 1633, c. 8. 19.; 1661, c. 61.; 1663, c. 28.; 1672, c. 15.; 1686, c. 22.; 1690, c. 30.; 1693, c. 23.; 1707, c. 9.; Stair, b. 4. tit. 1. § 58.; Bankt. b. 2. tit. 8. § 165, 166.; Erskine, b. 1. tit. 5. § 23.; 25th November 1778, Heritors of Glenbucket;* 17th June 1772, Robertson against Lady Frances Erskine, voce Teinds.
Observed on the Bench; This Court has no jurisdiction over the stock.
The petition was unanimously refused.
Act. Wm Robertson.Alt. R. Craigie.
Fac. Col. No 28. p. 57.
