$ 6. STIPEND ANN. $ 7. CHURCH. Every pa rish muft year's ftipend as executry, and to another half year's as ann. The ann is not affectable by his debts. It vefts without confirmation. If there be a widow and no children, the gets one half, and her executors the other. If there be a widow and children, Mr. Erfkine thinks it fhould, like executry, go one-third to the widow, and two-thirds to the children. If there be only children, they get the whole. THE prefentee, or perfon presented by the patron, acquires right to the ftipend by being collated, or admitted by the prefbytery; and forfeits his right thereto by depofition, though not by mere deprivation of his charge. VII. IN every parifh there ought to be a fufficient church for the accommodation of parishioners. The rule is, that it must be capable of containing two-thirds of the parishioners have a fuf- above twelve years of age. If its fize and dimensions be unexceptionable, which it is the province of the prefbytery Dimensions. to take care of," the plan of the building may be concerted among the heritors themfelves, without the intervention of the prefbytery d." ficient church. Plan. In England, it is faid that, by general custom, the body 2 B. ii, tit. 10, § 67. b Campbell against Macdonald, Feb. 26, 1741. Kilk, . Stipend, No. 2. Dict. V. iv, p. 299. After the Reformation, patrons retained their right of presentation. But by 1649, c. 39, it was abolished: their right was restored by the refciflory act 1661, c. 9; but by act 1690, c. 23, was again taken away; and an option given to the heritors and elders, and in boroughs to the magiftrates, to acquire the right, on paying a fum to the patrons. Some pa rifhes did fo. Those patronages which had not been redeemed were reflored by 10th Anne, c. 12. But Mr. Erfkine obferves, that all churches are now patronate, even those the prefentations to which were fold in virtue of act 1690; the heritors and feffion having come precifely in the patron's place as to the right of prefenting to the prefbytery. B. i, tit. 10, § 19. June 22, 1787, Minifter of Tingwall against the Heritors, Fac. Coll. d Ibid. Fac. Coll. of the church is to be repaired by the parishioners, and the chancel only by the parfon, vicar, or lay impropriator. By the canon law, the charge of keeping the whole church in repair was, at least in the first instance, imposed on the parion, who was fuppofed to draw the whole fpiritualities, and who, by the prefent law of England, is understood to have the freehold of the church and churchyard, as well as a fpecial property in the goods of the church, for the more convenient recovery and prefervation of things devoted to holy ufes f. $7. CHURCH. Reforma AFTER the Reformation, an act was paffed for "the re- In Scotland parrelling and uphalding of paroche kirkes, and of kirk after the zairdes of the famin for burial of the dead ;" and the tion. charge thereof remitted to the privy council, which laid one part of the expence upon the parfon, and the other two parts upon the parishioners, who were directed to choose certain of the most honeft qualified men within their parishes to tax every one of them effeiring (correfponding) to their fubftance; a burden, indeed, which, if fructus refidui ex bene e Woodefon, Vin, Lect. V. i, p. 268; Burn's Eccl. Law, 321, 8vo, 1767. For this purpose the churchwardens may, by a general fummons at the church, require the parishion res to meet and make a rate; and the majority prefent will bind the parish, though these officers themfelves voted against the meaiure. If the parish ioners will not meet, they may make a rate without their concurrence. "It seems also that a tax may be laid for enlarging as well as repairing the church." Woodefon. Ibid. "If a perfon refuses to pay the rate, he can only be fued in the ecclefiaftica court, and, on the other hand, he must f Woodefon, V. i, p. 271. Ker. Queen Mary, parl. 9, 1563, c. 76. 13th Sept. 1563, Lord Kames' Stat. Law App. No. 2; ratified by act Jas. VI, parl. 3, 1572, C. 54. $7. CHURCH. Proprietors. Book IV. ficio were not fufficient, even the canon law imposed on them, in the laft place, "as getting the advantage in it of the word and facraments i." BUT, by long custom, the expence of repairing, and even of rebuilding the church, refts on the landholders, who muft contribute thereto in fuch manner as, in the circumftances of the parish, may appear moft juft and equitable. In parishes In landward parishes, the ufual rule is according to their partly landward. feveral valuations. But where a parish was only partly landward, about two-thirds of the parishioners refiding in a town, it was decided in the court of feffion, that the expence of building as much of the church as was neceffary for accommodating the landward part of the parish, should be defrayed by the proprietors of lands according to their valued rents, and divided among them in the fame proportion; and that the expence of the remaining part fhould be defrayed by the feuars and proprietors of houses, in proportion to their real rents, and divided among them in the fame proportion'. PROPRIETORS are liable in their proportion of the expence neceffary for the upholding the church, to which they have been annexed quoad facra, and, of course, not for upholding the church from which they have been disjoined; i Sir George Mackenzie's Obferva- heritors of the landward diftrict. tions, p. 185. k Ersk. B. ii, t. 10, § 63. Sir G. Mackenzie, in his obervations on the act 1572, c. 54, mentions, "the heritors are only liable." 1 20th Nov. 1781, feuars of Crieff against the heritors, Fac. Coll.; cafe of Campbeltoun 1774, and St. Andrews 25th May 1791, and Ure and other heritors within the royalty of the borough of Forfar, against the S But, in a latter cafe, that of the town but, for payment of ftipend as well as other parochial charges, they remain liable in the latter parish only. church. It was decided in the court of feffion, that the heritors Seats in the have choice of place according to the valuation of their feveral eftates, and that each heritor muft have a feat in the church for his family, diftinct from the share of area allotted to his tenants; but that, in dividing the whole area of the church, that of each heritor's feat must be taken in computo, in making up his fhare, correfponding to his valued rent 3. VIII. EACH parish must also have a fufficient quantity of ground allotted to it for burying its dead. It has been decided, that where an enlargement of the church-yard is neceffary, it must be furnished by the proprietor of ground proper for the purpose, who must be indemnified by the other heritors in proportion to the number of examinable perfons refiding upon their eftates; and (if the parish be only partly landward) by the community, in proportion to the number of its inhabitants, respectively. What benefit the parochial minister has from the grafs grow. ing upon the churchyard, has been already mentioned. By act 1597, c. 232, the parishioners are ordained "to build and repaire the kirk zaird dykes of their awin paroch. kirk with stane and mortare, to the hight of twa elnes, and to make fufficient ftiles and entrance in the faid dykes." But, by long cuftom, this, like the expence of repairing the church, now refts on the heritors. The minifter has not a Dec. 17, 1776, Earl of Marchmont against earl of Home. Dict. V. iii, p. 370. Vol. II. b July 5, 1777, Town of Greenock against Shaw Stewart. Dict. V. iii, P. 370. Gg $8. CHURCH YARD. $ 8. CHURCHYARD. fuch a property in the churchyard, as in England is under- Sir George Mackenzie, 1572, c. 233, puts the query, to whom coal under the glebe, and trees growing thereon, belongs? The cafe of trees has already been spok en to. |