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Scottish Court of Session Decisions >>
College of Aberdeen v - . [1676] Mor 14789 (8 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor3414789-011.html Cite as:
[1676] Mor 14789
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The College of Aberdeen, having right, by act of Parliament, to the vacant stipends within the bounds therein mentioned, pursues for a vacant stipend. The Bishop of Ross compeared, and alleged, That the kirk was his mensal kirk, so that there could be no vacant stipend.
The Lords found, That the College should have right to any stipend that belonged to the former Ministers, either modified to them, or of which they had been in possession; and that it was consistent, that the kirk should be mensal, and yet the Minister should have a stipend, and that the pursuers should have right thereto, being vacant.
Reporter, Craigie.
Dirleton, No. 325, p. 157.*** Gosford reports this case:
The collector pursuing the heritors for the vacant stipends since the death of the Minister, it was alleged, That, by the act of Parliament, he had no right, because the said kirk was a mensal kirk of the bishopric of Ross, and so belonged to the Bishop; whereas the act of Parliament did only comprehend vacant kirks, which, by the death of the incumbents, had no titular. It was replied, That albeit it was a mensal kirk, yet being provided with a constant local stipend, the same, by the death of the incumbent, could not fall to the Bishop, who had only a right of collation, and so, being a vacant stipend, fell within the act of Parliament. The Lords did sustain the action, and found, That the stipend, being so settled by a decreet of Platt, by the death of the last incumbent, it ought to be applied for pious purposes.
