Minister of Cumbernauld and Others v. Heritors of Dumbarton [1920] ScotLR 522 (02 June 1920)

Minister of Cumbernauld and Others v. Heritors of Dumbarton [1920] ScotLR 522 (02 June 1920)

The Court has statutory and inherent authority to fix the highest fiars price of barley from an adjoining county (Stirling) for stipend payments in years when no such price is struck in Dumbarton, and this order may apply to future years, provided that if a price is struck in Dumbarton in any future year, that price will apply.

Citation
[1920] ScotLR 522
Parties
Petitioners: Reverend John Ogilvie, M.A., Minister of the Parish of Cumbernauld and Others; Respondents: Sir Colin George Macrae, W.S. and Others, Heritors in the County of Dumbarton
Jurisdiction
Scotland
Judgment Date
02 June 1920
Procedural Posture
Petition Under Statute / Judgment After Hearing
Outcome
Petition granted in part
Legal Topics
Stipend Payment, Fiars Prices, Statutory Interpretation, Church Law
Ecclesiastical Law Agricultural Law Stipend Payment Fiars Prices Statutory Interpretation Church Law

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Parties

Reverend John Ogilvie, M.A., Minister of the Parish of Cumbernauld and Others

Petitioners

Sir Colin George Macrae, W.S. and Others, Heritors in the County of Dumbarton

Respondents

Procedural Posture

Petition Under Statute / Judgment After Hearing

Legal Issues

  1. 1 Whether the Court can fix fiars prices for barley for stipend payments when no such prices are struck in the relevant county
  2. 2 Whether such an order can apply to future years under Act 48 Geo. III, cap. 138, sec. 12

Ratio Decidendi

The Court has statutory and inherent authority to fix the highest fiars price of barley from an adjoining county (Stirling) for stipend payments in years when no such price is struck in Dumbarton, and this order may apply to future years, provided that if a price is struck in Dumbarton in any future year, that price will apply.

Court Disposition

Petition granted in part

Orders

  • Appoint and fix the highest fiars price of barley of the county of Stirling for crop and year 1919 and for succeeding years when no fiars price for barley is struck for the county of Dumbarton, as the basis for stipend payments to ministers in Dumbarton parishes.