Scottish Court of Session Decisions

Subject_1 PATRONAGE.

Patrick Maxton
v.
Moncrieff

1736, June 24.
Case No. No. 1.

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The Lords found themselves competent to judge of the legality of the admission of Ministers ad hunc effectum to determine whether they are entitled to their stipends, and continued the rest of the cause till to-morrow,—13th February 1735.

The Lords, (14th February,) found that a Presbytery refusing a presentation duly presented in favours of qualified persons, against which there lies no legal objection, and admitting another person as Minister, the Patron has right to retain the stipend, rcnit. Newhall et Drummore. The President absent.

The Lordsr (20th February) repelled the objection that the right of patronage was not produced before the Presbytery, in respect of the answer that it was produced before the commission debito tempore before the settlement, (in which commission the Presbytery was not a party.) 2d July 1735, Adhered to this last interlocutor, having in the end of February adhered to the two former.

The Lords (24th June 1736) item. con. sustained the objection to Lady Newark and Mr Moncrieff's title to the patronage at the time of the presentation, and during the vacancy, and therefore repelled the reasons of suspension and found the letters orderly proceeded.