Found in conformity with Shaw against Winton, supra.
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In this pursuit, a stent being set down by the parochine for reparation of the kirk, where the quier is not distinctly known from the body of the kirk, the third part of the sum imposed ought to be paid by the parson or his tacksman, who meddles with the parsonage teinds, seeing commonly the quier is to be reputed the third part of the kirk; but if the quier be distinctly known from the rest of the kirk, it may seem to be reasonable, that if the parson, or his tacksman, will uphold the quier, that they ought to pay no part of the sum imposed, and so it was found in this process.
Act. Lawtie.Alt. Stuart.Clerk, Scot.
Fol. Dic. v. 1. p. 526. Durie, p. 402.
