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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Joseph Cave and his Attorney v The Governors of the Merchant Maiden Hospital of Edinburgh. [1774] Hailes 578 (28 June 1774)
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Cite as: [1774] Hailes 578
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[1774] Hailes 578
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 HEIR APPARENT.
Subject_3 The Heir Apparent of a person originally vested with a right of presentation to an hospital, by the deed of a third party, was found entitled, without a service, to present upon a vacancy.
Date: Joseph Cave and his Attorney
v.
The Governors of the Merchant Maiden Hospital of Edinburgh
28 June 1774 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VI. 318; Dict. 5290.]
Pitfour. This right of presentation may be assimilated to a title of honour, which infers no passive title.
Coalston. I should have some doubt whether a service, in this case, would not imply a passive title; but I do not think a service necessary. When Mr Cave gives a presentation, he does it suo periculo.
N.B.—In this case, there was a material circumstance which escaped the parties. A right of presentation is given when a donation amounts to L.2400, or 3600 merks: Here the donation was only 2000, and consequently Cave had no pretence for presenting.]
Act. Ilay Campbell. Alt. J. M'Laurin. Reporter, Gardenston.
The electronic version of the text was provided by the Scottish Council of Law Reporting