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It is an established point, that an erection or settlement of a second minister accresces to the patronage of the first charge; and accordingly, it was here found, that Charles Cochran of Culross, the pursuer, being patron of the parish of Culross, was entitled to present to the office of second minister, which had been erected upon the contribution of the heritors.
But an objection having been made to Mr Cochran's charter of the patronage, that it had not been granted with consent of the incumbent for the time, without which grants of patronage from the Crown are declared void by act 172d, (176) Parl. 1593, the act was found to be in disuetude, or rather that it was but a temporary act, to continue during the life of the King then reigning.
Fol. Dic. v. 4. p. 50. and 54. Kilkerran, (Patron.) No 3. p. 374.
