Found that a Minister had right to the half year's stipend preceding whitsunday, having served the cure till after that time, though he had received collation and institution to another chruch before that Whitsunday, which gave him right to that half year's stipend of that church also.
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Mr. John Blair, Minister at Scoon, having pursued the Lady Hallyards for a half year's stipend of the church of Auchtertoill, due at Martinmas 1682; alleged for the defender, That she could not be liable for the half year's stipend, because the pursuer had obtained a presentation to the church of Scoon, and institution and collation thereupon before Whitsunday 1682; so that he being transported, and having right to the half year's stipend of the other church, he cannot pretend right to the half year's stipend of this church. Answered, albeit the pursuer had obtained a presentation, institution, and collation of the church of Scoon before Whitsunday 1682; yet he having served the cure at the church of Auchtertoill, by preaching and administering the Sacraments till after Lambmas 1682, he had right to that whole year's stipend of the church of Auchtertoill; and it was jus tertii to the defenders, Whether the pursuer got that half year's stipend of the other church or not, but he having served the cure at the church of Auchtertoill till after Lambmas, he had right to the whole year's stipend. The Lords found the defender liable for the half year's stipend for the crop 1682, payable at Martinrnas 1682, in respect the pursuer served the cure at the said kirk after Whitsunday 1682.
