Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Mr Archibald Turner
v.
The Lord Borthwick

Date: 3 November 1671

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Mr Archibald Turner, as having right from the relict and bairns of the deceased minister of Borthwick, pursuing for the whole stipend the year 1669, as an annat due by the law, he having died in April that year:

It was alleged, That, the time of his death, the half of the corns not being sown, he could have right only to the half of the stipend payable out of the tithes.

It was answered, That the Lords, by their several practicks, had decided, —That, where ministers die before the first of January, and after Michaelmas preceding, they get the whole preceding year's stipend. As likewise, that of late they had given their opinion, as said is, upon a quære proponed to them by the Privy Council, concerning vacant stipends, finding that the first of January and Michaelmas were the legal terms in the case of annats.

The Lords did decern the whole year's stipend to be due to the pursuer; but, as to the case of transplanting of ministers from one kirk to another, the terms of Martinmas and Whitsunday are the legal terms.

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