A suspension and interdict was brought against a presbytery and the heritors of a parish by a proprietor, (a portion of whose ground had been designated for an addition to the churchyard), on the grounds-(1) that he had not got sufficient notice of the meeting of presbytery at which his ground was designated, and that therefore the decree of designation then pronounced was illegal; and (2) that he had been deprived of his right to appeal to the Sheriff (in terms of the Ecclesiastical Buildings (Scotland) Act 1868, 31 and 32 Vict. c. 96) by not receiving notice of the judgment until after the time for appeal had expired.- Held (aff. judgment of Court of Session) (1) that in view of the circumstances of the case the notice was not so insufficient as to justify the setting aside of the whole proceedings as illegal; and (2) that the designation of an addition to the churchyard was a matter within the exclusive jurisdiction of the presbytery, and not subject to the review of the Court of Session.
Held that it was regular and competent for a presbytery after designating or setting apart, a piece of ground as an addition to a churchyard, to put a value upon it and appoint the tenant to remove, although they had no executorial power to enforce the decerniture to remove; and that, assuming the tenant’s interest not to be taken into view in the presbytery’s valuation, it was open to the tenant to maintain any claim he had.
Citations:
[1876] UKHL 182, 14 SLR 182
Links:
Jurisdiction:
Scotland
Land
Updated: 12 July 2022; Ref: scu.639641