Who are entitled to a manse. Who are liable to build and repair a a manse. Minister's claim for house rent.
The Minister of Morham v. The Laird and Lady Binston
Date: 14 November 1679 Case No. No 10.
Heritors are bound to build the manse, and liferenters are free of any burden on that account.
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The Minister of Morham finding the manse of his parish insufficient, did cause visit the same, and found that it required about L. 1000 to re-build it; whereupon the Laird and Lady Binston being charged as having all or most of the parish, they give in a bill of suspension, and being heard thereupon, the question arose, whether the Lady as liferenter was liable for any part of the expenses, or if the heritor was liable for the whole; for whom it was alleged, That the charge being upon the act 21st, Parliament 1663, anent manses and glebes, it bears expressly, “Where there are no sufficient manses, the heritors of the parish shall build sufficient manses;” and this act being a statute stricti juris, cannot be extended to liferenters, unless it were expressed. It was answered, That the benefit of the ministry redounding to liferenters during their life, justice requires that they should bear a part of the burden; for, if the land were to be adjudged in consideration of the value, the liferent would be stated according to the worth and age of the liferenter, to a third, fourth, or some other proportion; and therefore, according to that proportion, she should be liable in this burden as well as in other burdens; likeas, by the 199th act, Parliament 14th, King James VI, where manses are designed, relief is ordained against the feuars, tacksmen, and possessors of the parish, and therefore, though by the last act, heritors be ordained to build, yet they may crave relief against liferenters as possessors. It was replied, That the former order of manses is wholly changed, for the building is laid only upon the heritors, and the upholding, and consequently the reparation, upon the incumbent, and in the vacancy out of the vacant stipends; but, whatever might be pretended in equity for making a statute to burden liferenters for some share for building manses, yet where the matter is fixed by a statute, the Lords ought to acquiesce therein, and cannot extend it de casu in casum.
The Lords found the liferenter free of any burden of the building of the manse.
Fol. Dic. v. 1. p. 566. Stair, v. 2. p. 706.*** Fountainhall reports this case:
The Lords found the 21st act of Parliament in 1663, anent manses, did not make Lady liferenters liable to contribute to the building of manses; and they would not extend the act of Parliament, though it relate to act 199th, Parliament 14th, James VI. which is fuller; statuta being stricti juris, and incommodum non solvit argumentum.
