A charge upon a general decree of letters conform might have been given at the instance of a kirkman to his tacksman of teinds.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension betwixt L. Aitkin against Dickson, whereby the special charge given by L. Aitkin to the suspender upon L. Aitkin's decreet of letters conform generally, given against all and sundry, were suspended as not orderly directed, nor, executed upon a general decreet of letters, conform to a tack of teinds set to the charger; which he affirmed could not be sustained by this order of process, by a special charge so summarly executed against a party who was not specially called; but the most that the party might lawfully do, was to pursue for the teinds by way of action of spuilzie, or wrongous intromission; which reason was rejected, and the special charge received to be discussed hoc ordine without further process, in respect that the decreet of letters conform was given to a tack of teinds, set by a kirkman; and as the like charges would be sustained at a kirkman's instance, to his tacksman.
Act. Fowlis.Alt, ——.Clerk, Gibson.
Durie, p. 280.
*** 1665. June 8.—The Lords intimated to the writers, keeper of the signet, and clerk of the bills, an act of sederunt, prohibiting general letters, upon presentations or collations of ministers, whether having benefices or modified stipends, until every incumbent obtained a decreet conform, albeit they should produce their predecessors decreet conform, or a decreet of locality, containing the stipend particularly.
