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Magistrates of Greenock v Peters: HL 18 May 1893

The New or Mid Parish of Greenock was erected by the Court of Teinds in 1741. The decree bore that the managers of the burgh (the predecessors in office of the present magistrates) having received a sum of pounds 1000, raised by voluntary assessment, and having been promised further contributions, were to have the patronage of the new church, the right to levy and appropriate the seat-rents and certain other rights, and were to provide the minister with ‘a competent and legal stipend not under 950 merks, with 50 merks for the Communion Elements’ (together equivalent to pounds 55, 11s. 1 1 3d). The sum of pounds 1000 was subsequently mixed with the town’s funds and applied to pay its debts.
Held ( aff. the decision of the Second Division) that the burgh of Greenock was bound under the decree of the Court of Teinds to pay the minister a competent and legal stipend, varying with the circumstances of the time, that the obligation was not fulfilled by a minimum payment of 950 merks, and was not impaired by failure of funds or diminished contributions.

Judges:

Lord Chancellor, (Herschell), and Lords Watson, Ashbourne, and Macnaghten

Citations:

[1893] UKHL 937, 30 SLR 937

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 24 March 2022; Ref: scu.633298

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