Scottish Court of Session Decisions

Subject_1 PATRONAGE.

Patrick Maxton
v.
Moncrieff of Reedie

Date: 24 June 1736
Case No. No. 1.

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The Lords having found the Court competent to judge of the legality of the admission of Ministers ad hunc effectum, to determine whether they are entitled to their stipends, 13th February 1735 ; they found that a Presbytery refusing a presentation duly presented in favours of a qualified person, against which there lies no legal objection, and admitting another person as Minister, the Patron has right to retain the stipend, 14th February 1735, and in the end of February adhered. And they repelled the objection, that the right of patronage was not produced before the commission debito tempore before the settlement, in which commission the Presbytery was a party, 20th February, 2d July 1735. But they sustained the objection to the Lady Newark, and Mr Moncrieff’s rights of patronage at the time of the presentation, and during the vacancy ; and therefore repelled the reasons of suspension, and found the letters orderly proceeded for the stipend. (See Dict. No. 9. p. 9909.)