Who are entitled to a manse. Who are liable to build and repair a a manse. Minister's claim for house rent.
Gavin Park v. Sir William Maxwell
Date: 13 July 1748 Case No. No 18.
Lands united to a parish quoad sacra tantum, are not bound to repair the manse.
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Sir William Maxwell of Calderwood's lands of Meikle and Little Drips were disjoined from the parish of Cathcart, and united to the Parish of Carmunnock, quoad sacra tantum; which limitation in the annexation, Sir William pleaded to exeem him from contributing towards building a manse for the minister of Carmunnock; and the Lord Ordinary, before whom a suspension came of a charge against him for that purpose, at the instance of Gavin Park, appointed factor for collecting the money assessed upon the heritors, ‘found, 23d July 1747, the letters orderly proceeded.’
Pleaded in a reclaiming bill, That the reservation in the decreet of annexation behoved to import something, and it could mean nothing else, except that the charge of the people was alone transferred; but to all civil effects the lands remained in the former parish, and they could not be liable to burdens in both parishes.
Answered, The inhabitants of these lands are bound to attend the church of Carmunnock; they are entitled to places there, and therefore are obliged to support it; and it would seem there is as good reason for their supporting the manse; the heritors would be entitled to a vote in calling a minister, if the act of Parliament 1690 continued to be the rule; and as their charity is given there, they are undoubtedly entitled to oversee the application of the poor's money equally with the other heritors; they are in all respects to be considered as heritors in the parish to which they are united, except that their teinds continue to be part of the old benefice.
The Lords suspended the letters.
Act. R. Dundas.Alt. Lockhart.
Fol. Dic. v. 3. p. 399. D. Falconer, v. 2. No 274. p. 368.
