tually incurred in repairing a church, that no combit had been entered into with the tradesmen prior tom executing the repairs. Boswell, Dec. 9, 1834; | B

148.

6. Circumstances in the conduct of heritors which not to amount to such gross negligence or culpa as to lieve a non-concurring heritor from liability for his of the expense of building a church. Boswell, Detic 1834; 13 S. 148. gr

7. In an action by a builder against the members th congregation of the United Associate Secession Chci for payment of a balance of the price of erecting aK pel, it was found, by an interlocutor in which he a 3 esced, "That all persons who were not merely heares communicants in the meeting-house or chapel, but b members of the said congregation," were liable; th under an issue by the presiding judge, in charging la jury, that the question whether the defenders were "a bers" of the congregation, must be decided accor to the rules and constitution of their own church; the evidence as to these showed, although they h hearers and communicants, and had signed a call to minister, in which they were described as members, n they were not members; and that they were, theref not liable; and verdict accordingly. Wallace, Marchi 1836; 14 D. 720.

8. The magistrates of a royal burgh were decerned the presbytery to erect a new church, the old one b ing become ruinous and been condemned; and the mi strates, after entering into contracts, proceeded to stent expense upon the proprietors, and gave a charge u letters of horning obtained on the decree; bill of suspe sion, on the ground of the incompetency of the diligen passed. M'Neel, May 27, 1836; 14 Ď. 849.

9. Held, notwithstanding certain allegations of a co trary custom of assessment, that the principle of asse ment for rebuilding a parish church, which was fixed the case of Peterhead, applied to a parish containing large village, composed of three or four hundred in

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Dited houses, which were built, for the greater part, on small feus, but had never been erected into a burgh. Boswell, June 15, 1837; 15 D. 1148.

2. Church Area and Seats.

1. Bill of suspension and interdict passed to try the question, whether the magistrates of a burgh have power to grant the use of the burgh churches, without consent of the ministers or kirk-sessions, for public meetings for civil purposes; and interdict granted in the meantime. Kirk-Session of St Andrew's Parish, Edinburgh, Jan. 31, 1835; 13 S. 391.

2. Interdict granted against magistrates authorizing the bell of the burgh church to be rung for other purposes than for national rejoicings, and the daily summoning of labourers to and from their work, according to usage, and with the acquiescence of the minister and session. M'Naughton, Feb. 7, 1835; 13 S. 432.

3. Question as to the title of proprietors and occupiers of houses in a city parish, and sitters in the parish church, to pursue a declarator that the magistrates of the city had no right to exact seat-rents from proprietors and occupiers of houses within the parish, or generally from sitters in the church. Abercromby and Others, June 7, 1836; 14 D. 902.

4. The church judicatories of a Dissenting body, having pronounced a sentence declaring the minister of a church in their communion out of connection with them; cireumstances in which the court awarded a conjoint possession of the church by alternate diets to the minister, on the one hand, and such persons as the judicatories should appoint, on the other, pending a declarator as to whether the minister's incumbency under his agreement with the proprietors of the church, and his right of possession, had been brought to an end by that sentence. Galbraith, March 10, 1837; 15 D. 808.

1. Lands which belonged to the Dominicans at the a formation, and were granted by James VI. to the b of Montrose for behoof of the hospital, held church-gr Mag. of Montrose, Jan. 20, 1832; 10 S. D. B. 21

2. A glebe being designed out of church-lands, nomi of relief lies against the heritors of temporal-lands in D parish. Mag. of Montrose, Jan. 20, 1832; 10 S. D55

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III. GLEBE.

1. Question, whether it be competent to design a glebe, while it is possible to trace out the old one. Ma zie, March 9, 1822; 1 S. D. 394.

2. Question as to whether lands were church-lands, liable in glebe. Clephane, June 12, 1822; 1 S

487.

3. Found, that certain lands which had been held in c monty by the Abbey of Holyroodhouse, and the family Livingstone of Callendar, were not kirk-lands, liable t allocated to the minister of the parish as a grass gle Forbes's Trustees, July 24, 1822; 1 S. (Ap.) 249.

4. Whether lands formerly held by the archdean of Andrews be exempt from teinds as glebe; or if not, ther the teinds thereof be bishops teinds. Cook, J 2, 1824; S. D. (Teinds,) 71.

5. The order of designation in the act 1593, c. 165, m be observed in designating a grass as well as an ar glebe; and therefore friars' and bishops' lands cannot designed for a grass glebe, while there are parsons' vicars' lands in the parish. Galloway, June 12, 18% 2 S. D. 398.

6. In designing sixteen soums of pasture in lieu of an a ble glebe, the presbytery are not bound to exclude sma patches of arable land interspersed through it; in pect liar circumstances, such a glebe may be designed part out of low ground near the manse, and partly out of mo

sture at a distance; and the amount of a soum must regulated by the custom of the district. Stewart 'Kenzie and M'Neill, July 5, 1825, 4 S. D. 146; n. 24, 1828, 6 S. D. 422.

7. A minister cannot insist (but reversed) on having a ass glebe designed to him out of kirk-lands adjacent to manor place, where a glebe equally good and conveent can be allotted to him out of other lands. Belches, ec. 23, 1825, 4 S. D. 347; May 21, 1827, 2 W. S. 58.

8. A minister is not entitled to a pecuniary allowance for e want of a glebe during the currency of a litigation in hich he is unsuccessful. Belches, Dec. 23, 1825, 4 S. - 347. See May 21, 1827, 2 W. S. 558.

9. Held, that a clergyman who possessed thirty acres of and which had been disponed and mortified to the clergynan of the parish as a glebe, but who had had no legal glebe, vas not entitled to the benefit of the statute, 5 Geo. IV. . 72, in regard to a glebe. Wilson, Feb. 8, 1826, S. D. (Teinds,) 88.

10. A clergyman is entitled, on his induction, to remove a tenant of part of his glebe without regular warning, although it is not adjacent to the manse, and was in use to be let by the incumbent, and although he does not intend to occupy it personally. McCallum, March 4, 1826, 4 S. D. 527.

11. Lands which have been in grass for upwards of thirty years, but are of a rich soil, have been formerly ploughed, and kept in pasturage for the purpose of a dairy, are not grass lands, liable to be designed as a grass glebe. Bruce, May 30, 1826, 4 S. D. 626.

12. The possession by a proprietor of a barony for upwards of forty years of a piece of ground, formerly the grass glebe of the minister of the parish, but situated in the centre of the barony, under an agreement by the presbytery to grant a feu, but without any feu having been granted, is not sufficient to establish a prescriptive right thereto; and observed, that the case of Stonykirk, June 10, 1724, (10819,) did not apply. Scott, Feb. 15, 1827, 5 S. D. 367.

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13. Circumstances under which clergymen were i entitled to the statutory allowance for want of manse glebe, although it was alleged that they had right them under an agreement with the heritors and strates of their respective parishes. Procurator for Church, Jan. 23, 1828, S. D. (Teinds,) 148. WE 14. A presbytery has no jurisdiction as to whether incumbent of a parish is entitled to land alleged to b been at one time glebe, but which has for a considera time previous been possessed by the proprietor of thes rounding lands as part of his estate. Marquis of Quee berry, Feb. 14, 1829, 7 S. D. 418.

15. Where it was the custom of a district for the sub ants of a farm to send their cattle for six weeks in sum to pasture in common, on the hill-sheiling belonging to farm on which they were subtenants, the Court, in signing a grass glebe of sixteen soums in lieu of an ble glebe, instead of assigning to the minister, in pro ty, a portion of hill-sheiling for his summer feeding, g him merely a right of pasturage, in common with tenants of the farm to which the sheiling belonge Mackenzie, March 9, 1830, 8 S. D. B. 683.

16. Lands mortified by a private individual, as glebe the minister of a parish, are not teind-free. Wilson, F 1, 1831, 9 S. D. B. 357.

17. A clergyman who had obtained decree from his pre bytery for a glebe and minister's grass, which the s heritor of the parish intended to challenge, having ente ed into an agreement with him for the possession of farm at a certain rent, to subsist while the "question garding the glebe" should be under discussion; and t Court having, in a reduction of the decree, determine the question of the glebe-proper, but not that of the nister's grass; held, that the clergyman was not entit to retain possession of the farm till it also should be deci ed. M'Rae, Feb. 5, 1831, 9 S. D. B. 392.

18. Held by the whole Court, that a glebe of uncommo extent and value should be taken into consideration, in mo difying a stipend out of the teinds; and this rule applied where a clergyman possessed, as glebe-lands, which yielded

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