A minister having charged on general letters; his declaration as to the precise quantity of victual due by a suspender, was allowed to be tried in the suspension, without a new action.
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In a suspension betwixt Mr William Jamieson and the Tenants of Longnewton, for suspending of the charges raised at the minister's instance, upon his decreet of general letters conform, as provided to the right of the parsonage of that kirk, the Lords sustained a declaration given in by the minister, containing the special quantity of the victual, for the which the suspenders were charged, which the Lords received to be taken in and tried in the same suspension, without any new process or action therefor, the charger proving, that the teinds, the year controverted, extended to that quantity contained in the declaration foresaid, and that the defenders intromitted with the same that year, and that the minister had served inhibition for the same debito tempore that year; which declaration, fortified with the answer, offering to prove the particulars foresaid, the Lords sustained, and found it not necessary to the minister to allege or prove that the suspenders had ever been in use to pay that duty acclaimed for these teinds by the minister at any time preceding, or that the minister had ever been in possesion of that quantity, without the which the said declaration was admitted.
