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Vacant stipends fall under the quinquennial prescription.
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Macintosh being pursued by Gloug for payment of certain vacant stipends, objected prescription by act 9th Sess. 1. parl. 2. Cha. II.
Answered for the pursuer; The act is a correcory law; it mentions ‘ ministers stipends’ only, and may not be extended to ‘ vacant stipends.’ The stipend's of ministers are an alimentary provision, and, by reason of their special privileges, may be speedily collected; they are therefore subjected to a short prescription. Vacant stipends resemble them in name only; they are not of an alimentary nature, have not the same privileges, nor are comprehended under the words of the stasute; to them therefore the quinquennial prescription does not extend.
Pleaded for the defender; The expression ‘ vacant stipends ’ is indeed improper; but our statutes are not framed with critical accuracy; and, since in act 52d Sess. 1. parl. 1. Cha. II. ‘ vacant stipends’ are termed ‘ the stipends of vacant kirks,’ they may well be comprehended under the denomination of ‘ the stipends of ministers.’ The quinquennial prescription was introduced for the benefit of the heritors liable in payment of stipends; vacant stipends, as well as ministers’ stipends, fall under the reason of the law; and the former ought to be subjected to the prescription as well as the latter.
“The Lords sustained the defence of prescription.”
Reporter, Lord Minto.Act. J. Craigic.Alt. Macintosh.
Fol. Dic. v. 4. p. 104. Fac. Col. No 77. p. 115.
