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In a suspension betwixt Mr. John Hay, Minister of Mannour and the parishioners, it was found, that he being presented and admitted in the month of August, has only right to the half year's stipend that year, and the other half to be vacant.
Gilmor, No 104. p. 78.*** Stair reports this case:
The parishioners of Mannour, which is a pendicle of the parsonage of Peebles, being charged for the stipend of the year 1662, suspend upon double poinding, and call the Ministers collectors of the vacant stipends, and the Parson of Peebles. The Minister alleged that he was presented by the Parson of Peebles’ Patron, in August 1662, after which he continued to preach at the kirk, and was still upon his trials till he was admitted in October 1662, and therefore the whole year's stipends 1662 belongs to him, because the legal terms of teinds and stipends, is not as of other rents, Whitsunday and Martinmas, but one term for all, viz. the separation of the fruits at Michaelmas; and therefore, if he had had right to the drawn teind, he might have drawn the whole, so the whole tack-duty must belong to him. It was alleged for the Parson of Peebles, that this kirk being a pendicle of his parsonage, and sometime served for a less, and sometimes for a more stipend, as he agreed, it is not a fixed stipend, but as a helper, and therefore the vacancy thereof belongs not to the collector of the vacant stipends, but returns to the parson, who has right to the whole fruits of the benefice, by his right of presentation and collation. It was alleged for the collectors of the vacant stipends, that his stipend was not as the allowance of an helper, but was a several congregation, separate from the parsonage of Peebles, and at the Parson's presentation, and that no helper has a presentation, and that the incumbent, not being admitted till after Michaelmas, has no right to any part of the fruits of that year, though he was presented before, because the kirk cannot be said to be full, but vacant, till the Minister be admitted.
The Lords found that this kirk having a presentation, could not return in the vacancy to the Parson of Peebles, and that the presentation being at Lambmas, and the incumbent serving at the kirk, and entering to his trials immediately till he was entered, which was in October thereafter, and that he had right to the half of that year's stipend, not being presented before Whitsunday; and found the other half to belong to the collector of vacant stipends.
