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Dr. Mitchell, Minister of the Parish, and The Common Agent in the Locality of Monkton, v The Society of Writers in Ayr. [1799] Mor 15708 (26 June 1799)
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[1799] Mor 15708
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[1799] Mor 15708
Subject_1 TEINDS. Subject_2 SECT. I.
Nature and Effect of this Right.
Dr Mitchell, Minister of the Parish, and The Common Agent in the Locality of Monkton, v. The Society of Writers in Ayr
Date: 26 June 1799 Case No. No. 92.
The tithe from fishings is regulated entirely by use of payment.
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The Society of Writers in Ayr are proprietors of certain fishings in the parish of Monkton, from which, by a locality, in 1678, £2 Sterling yearly were made payable to the Minister.
This sum continued to be paid, till Dr. Mitchell, the present Minister of the parish, obtained an augmentation of his stipend.
The rental of the fishings was then stated at £.80 yearly.
A scheme of locality, in which above six bolls of grain were laid on the fishings, was approved of by the Lord Ordinary.
But the Court, on advising a petition, with answers, on the ground that fishings are subject only to vicarage-teinds, which depend entirely on possession, see 9th March, 1796, Hunter against Duke of Roxburgh, Sect. 3. h. t. found, “That the petitioners cannot be liable in any share of the augmented stipend.”
Lord Ordinary, Ankerville.For the Minister, &c. J. Ferguson.Alt. Hay.
Fac. Coll. No. 135. p. 307.
