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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Gloag v John M'Intosh. [1753] 1 Elchies 434 (3 July 1753)
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Cite as: [1753] 1 Elchies 434
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[1753] 1 Elchies 434
Subject_1 STIPEND.
William Gloag
v.
John M'Intosh
1753 ,July 3 .
Case No.No. 8.
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Lord Minto reported a question for advice upon printed minutes, Whether the 9th act 1669 anent the prescription of Ministers stipend in five years extended to vacant stipends? And we unanimously found it did. And I observed (as did Justice-Clerk after me) that that prescription was introduced not in odium but in favorem of those liable who are not in use to preserve them discharges for a great number of years: The same reason for which discharges of supply need not be produced after three years. I also observed that stipend was general, applicable to many sorts of wages, soldiers servants, officers, salaries, and they were called Ministers stipends only as a description to distinguish them from others, and in other acts they are more improperly called stipends of kirks, vide 52 act 1661, 13 and 20 acts 1672.
The electronic version of the text was provided by the Scottish Council of Law Reporting