Sir Arthur Nicholson and Others Petitioners [1919] ScotLR 438 (07 March 1919)

Sir Arthur Nicholson and Others Petitioners [1919] ScotLR 438 (07 March 1919)

The Court is familiar with its jurisdiction and powers; therefore, it is unnecessary to narrate the relevant statutes in every petition for disjunction and erection of churches and parishes quoad sacra.

Citation
[1919] ScotLR 438
Parties
Petitioners: Sir Arthur Nicholson and Others
Jurisdiction
Scotland
Judgment Date
07 March 1919
Procedural Posture
Petition for Disjunction and Erection of Church and Parish Quoad Sacra / Motion for First Order for Intimation
Outcome
Intimation ordered
Legal Topics
Disjunction and Erection of Parishes, Narration of Statutes in Petitions
Church Law Administrative Law Disjunction and Erection of Parishes Narration of Statutes in Petitions

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Parties

Sir Arthur Nicholson and Others

Petitioners

Procedural Posture

Petition for Disjunction and Erection of Church and Parish Quoad Sacra / Motion for First Order for Intimation

Legal Issues

  1. 1 Is it necessary to narrate the statutes from which the Court of Teinds derives its constitution and powers in petitions for disjunction and erection of churches and parishes quoad sacra?

Ratio Decidendi

The Court is familiar with its jurisdiction and powers; therefore, it is unnecessary to narrate the relevant statutes in every petition for disjunction and erection of churches and parishes quoad sacra.

Court Disposition

Intimation ordered

Orders

  • Petitioners are advised to discontinue the practice of narrating statutes in petitions of this kind.
  • Intimation of the petition ordered.