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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Minister of Maybole v. The Heritors [1909] ScotLR 293 (11 December 1909)
URL: http://www.bailii.org/scot/cases/ScotCS/1909/46SLR0293.html
Cite as: [1909] SLR 293, [1909] ScotLR 293
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SCOTTISH_SLR_Court_of_Session
Page: 293↓
Court of Teinds.
(Before
v.
Facts:
A parish minister applied for an augmentation of stipend of 44 chalders, which if granted would exhaust the free teind. The heritors did not oppose the application.
The Court having regard to the exceptional circumstances of the case, granted the augmentation craved.
In a process of augmentation raised by the Minister of Maybole against the heritors, the minister craved an augmentation of 44 chalders, with £20 for communion elements. The augmentation asked for was not opposed by the heritors.
Counsel for the minister stated that the stipend, as last modified on July 18th, 1887, stood at 25 chalders, with £20 for furnishing communion elements, and that now the free teind available for augmentation amounted to only £60, which at the present valuation of the chalder (viz., £13, 12s.) was equal to about 4
chalders. In these circumstances he asked the Court to grant the full augmentation craved on the ground, inter alia, that the exhaustion of the free teind would save the expense both to minister and heritors of any future augmentation, which, at the best, could only produce a very small sum. 1 2
Page: 294↓
The Court granted the augmentation craved.
Counsel for the Minister— A. J. P. Menzies. Agents— J. Douglas Gardiner & Mill, S.S.C.