Scottish Court of Session Decisions

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

Captain Crawford, Collector of the Vacant Stipends,
v.
Mr John Beatton, Minister at Ayton

Date: 1 July 1673

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Captain Crawford, as collector of the vacant stipends, having charged the minister for payment of the stipend uplifted by him for the year 1667, in respect he had neither collation nor institution until the year 1668; before which time he could have no right, seeing his presentation before that time could be no title, and might have been refused by the Ordinary, or he himself might have passed from the same:—

It was Answeeed, That he having a presentation in the year 1668, after which he did officiate immediately by the bishop's warrant, until he got collation and institution, and so did discharge the duty for which the stipend is due; and so soon as he was admitted by collation and institution, the same must be drawn back to the presentation, and give him a right to a year's stipend, for which he had served the cure.

The Lords did Suspend the letters, and found, that the minister having served the cure, as said is, and received collation and institution, was not in the case of a vacant stipend; and his condition was different from an actual minister, who had received a presentation to be transplanted, and retained the stipend of his own kirk until he was of new admitted.

Page 347.