Scottish Court of Session Decisions

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

The Minister of Cockburns-Path
v.
His Parishioners

Date: 7 February 1668

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The minister of Cockburns-path, having obtained a designation of a horse and two kine's grass, conform to the Act of Parliament 1661, pursues a declarator of his right thereby. It was alleged Absolvitor, Because the designation was null, in respect it was, by the bishop's warrant, directed to three ministers nominatim, and it was performed only by two, the third not having come; and a commission to the three must be understood jointly, and not to empower any two of them, unless it had been expressed; likeas the Act of Parliament anent the grass requires the designation of three ministers. The pursuer answered, That, by the Act of Parliament 1661, the designation of grass is appointed to be according to the old standing Acts anent manses and glebes, which do not require three ministers,—that number being only required by the Act of Parliament 1649, which is rescinded, and not revived as to that point; and, seeing three ministers are not necessary, but that two are sufficient, the designation done by two is sufficient. The Lords sustained the designation, unless the defender show weighty reasons of prejudice upon the matter.

Vol. I, Page 521.