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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Nisbet and Others v The Kirk-Session of Westkirk. [1773] Hailes 545 (17 November 1773)
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Cite as: [1773] Hailes 545
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[1773] Hailes 545
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 KIRK SESSION.
Subject_3 Heritors have no vote in the election of a Precentor and Session-clerk.
Date: Sir John Nisbet and Others
v.
The Kirk-Session of Westkirk
17 November 1773 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VI. 228; Dictionary, 8016.]
Kennet. The Act 1696 gives no right to the heritors, neither does practice give them a right. My only doubt is, whether the session is not barred from their exclusive right of election by the agreement 1770.
Hailes. I think that the session did not surrender its right, and that it could not surrender its right.
Coalston. There are no words in the agreement strong enough to bind the Kirk-Session in time coming.
On the 17th November 1773, “The Lords assoilyied;” adhering to Lord Auchinleck's interlocutor; and found expenses due since that time.
Act. Ilay Campbell. Alt. J. M'Laurin.
The electronic version of the text was provided by the Scottish Council of Law Reporting