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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Magistrates of Edinburgh v Wood. [1747] 1 Elchies 26 (9 June 1747)
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Cite as: [1747] 1 Elchies 26
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[1747] 1 Elchies 26
Subject_1 ANNAT.
Magistrates of Edinburgh
v.
Wood
1747 ,June 9 .
Case No.No. 1.
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The relict pursued the Magistrates as Mr Wood's widow for the ann. Their defences were, 1st, That the stipend was payable not out of teinds but by the town; 2dly, Acts of Council settling a certain stipend in full of the ann. Answered, By the act 1672 the ann is due to the widows of all Ministers without distinction, and so found 8th February 1709, Shiels against Magistrates of St Andrews.* 3dly, No act of Council could repeal the statute, and the town have uniformly paid the ann of all their Ministers. I repelled the defence, and this day the Lords adhered, nem. con.
* Dict. No. 10. p. 466.
The electronic version of the text was provided by the Scottish Council of Law Reporting