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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Charles Barclay Maitland of Tillicutry and Others, Heritors of that Parish v Robert May, Feuar in Drimmie, and Others, also Heritors of that Parish. [1766] Hailes 109 (30 July 1766)
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Cite as: [1766] Hailes 109
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[1766] Hailes 109
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 KIRK-YARD.
Subject_3 The Court of Session, as Commissioners of Teinds, have no power to fix a New Church-Yard for a Parish.
Date: Captain Charles Barclay Maitland of Tillicutry and Others, Heritors of that Parish
v.
Robert May, Feuar in Drimmie, and Others, also Heritors of that Parish
30 July 1766 Click here to view a pdf copy of this documet : PDF Copy
The pursuers insisted, in an action before the Lords-Commissioners for valuation of teinds, for transportation of the Church of Tillicutry, and concluding “that the new church-yard should be the burial place for the said parish in time coming, and that the inhabitants should be decerned and ordained to bury in the said new church-yard in all time coming.”
On the 30th July 1766, “the Lords decerned in the transportation of the church, but assoilyied from the conclusion as to the church-yard.”
The President thought that the Court had no power therein.
The electronic version of the text was provided by the Scottish Council of Law Reporting