United Kingdom House of Lords Decisions

A complaint having been made to the Presbytery of Kirkcudbright, of the insufficient and ruinous state of the church of the parish of Anwoth, they, after examining tradesmen as to that fact, decided that a new church was absolutely necessary. Although almost all the heritors of the parish were present, by themselves or agents, when this investigation and decision took place, the presbytery afterwards proceeding with all the regularity and form capable of being observed in such cases, repeatedly called upon the heritors to take the necessary measures for rebuilding the church, and to assess themselves in the expense; but the heritors having failed to do so, the presbytery, after various meetings, and much deliberation on the matter, were obliged to take upon themselves the exercise of the jurisdiction conferred upon them by the law of Scotland. They accordingly procured plans of the proposed church, and estimates of the expense of building it; they contracted with tradesmen, and got the church built; they then decerned against the heritors for the amount of the necessary sums, and payment having been refused, letters of horning were raised on the decree, on which the heritors were charged at the instance of the respondent, factor, appointed by the presbytery to collect the assessment.

A bill of suspension of the charge was brought on the ground, that the proceedings of the presbytery were not only precipitate, but altogether irregular and illegal;—That it was not within the province of the presbytery to interfere, but belonged of right to the heritors, and that on assessing the heritors for the amount, they had omitted to assess the feuars of the town proportionally, in terms of a former decision of the House of Lords.

The Lord Ordinary and the Court refused the bill.

Upon appeal to the House of Lords, the following judgment was pronounced.

Ante, vol. iv. p. 356.