Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Mr Thomas Paterson
v.
Watson

Date: 17 December 1664

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Mr Thomas Paterson charges Watson to remove from his glebe; who alleged the designation is null, because it is not subscribed by the ministers, designers, but is only the assertion of a notary. 2dly. By the Act of Parliament 1663, anent glebes, there is an exception of royal burghs, to which ministers' glebes are not due; ita est Dysert is a royal burgh. The charger answered to the first, That the having a warrant from the bishop and presbytery, his instrument of designation is as sufficient as a seasine to give right to land. And to the second, The royal burghs excepted must only be understood of such who have not a landward congregation, but are chiefly constituted of an incorporation for trade; but this burgh is notourly known to be but a burgh of barony, holden of the Lord Sinclar; albeit it has the privilege of a vote in Parliament, and is a parsonage. The Lords sustained the designation; but, before extract, ordained the testificat of the ministers, designers, under their hands, to be produced.

Vol. I, Page 242.