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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Magistrates of - v Kirk-Session. [1739] 5 Brn 679 (6 December 1739)
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Cite as: [1739] 5 Brn 679
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[1739] 5 Brn 679
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: Magistrates of -
v.
Kirk-Session
6 December 1739 Click here to view a pdf copy of this documet : PDF Copy
[Elch., No. 1, Kirk-session.]
The question here was about the explication of an Act of Council, by which the election of a precentor was to be by the Kirk-session, with advice and consent of the Council; whether these words, with advice and consent, imported a negative in the election, or only a simple power of consenting and reducing the election if an unfit person was chosen?
The Lords found, That these words implied a negative to the Council upon the election made by the Kirk-session, but that the latter could, by an action,
force the Council to consent, if they could not show reasonable grounds of their dissent; in the same way as a woman, when she is left a provision upon condition she marry with consent of certain persons, can force, by process, these persons to consent to her marriage, unless they can show good reasons for not consenting.
The electronic version of the text was provided by the Scottish Council of Law Reporting