[1751] 1 Elchies 358
Subject_1 PROCESS.
Heritors of St Ninians
v.
Kirk-Session
1751 ,July 18 .
Case No.No. 19.
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In a process at the instance of the heritors of St Ninians against the Minister and kirk-session to account fox the poors' money, and to exhibit all books and papers touching the poor, two of the elders having been omitted to be summoned, whereof one had not attended the session for some years, Lord Minto, Ordinary, gave an incident diligence for summoning them; but on a reclaiming petition to us, we all thought that they could not be
called by an incident no more than the other members of session, and that till they were summoned on the principal summons the session was not called; and therefore remitted to the Ordinary to the end that he might sustain the objection.
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