Scottish Court of Session Decisions

The 17th section of the Glebe Lands (Scotland) Act 1866 provides that, when the Court has, by an order or interlocutor, granted authority to feu in terms of the Act, any conterminous proprietor may, within thirty days of that order, intimate his willingness to feu, lease, or purchase such part of the glebe, and at such feu-duty, rent, or price as the Court may authorise; and after the price, in the case of sale, is fixed, the Court shall pronounce a decree of sale in favour of the heritor, on which he shall be entitled to obtain a charter from the Crown;

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the price, after deduction of expenses connected with the application, to be invested, and the interest paid to the minister. It appeared that the heritors of Penicuik, having had their attention called to the inadequate size of the churchyard, resolved to take steps for enlarging it, and intimated to the minister that they wished to acquire half an acre of the glebe immediately adjoining the churchyard wall, and they requested the minister to take the necessary steps for conveying to the heritors the specified piece of ground. The minister accordingly presented this minute to the Court, craving them to pronounce decree of sale in favour of the heritors.