Henderson and Others Petitioners [1921] ScotLR 388 (25 February 1921)

Henderson and Others Petitioners [1921] ScotLR 388 (25 February 1921)

The Court possesses the inherent and statutory power to unify two charges within a single parish, especially where the second charge is auxiliary and circumstances render it unnecessary; the petition is granted subject to amendment to ensure stipend and emoluments are properly allocated.

Citation
[1921] ScotLR 388
Parties
Petitioner: Rev. Alexander Colin Henderson; Petitioner: Rev. Alexander William Watt; Petitioner: Rev. William Barclay; Petitioner: Members of the Kirk Session of Kirkwall and St Ola; Petitioner: Presbytery of Kirkwall
Jurisdiction
Scotland
Judgment Date
25 February 1921
Procedural Posture
Petition / Final Judgment
Outcome
petition granted, subject to amendment
Legal Topics
Unification of Church Charges, Benefice Rights, Parish Administration
Ecclesiastical Law Property Law Unification of Church Charges Benefice Rights Parish Administration

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Parties

Rev. Alexander Colin Henderson

Petitioner

Rev. Alexander William Watt

Petitioner

Rev. William Barclay

Petitioner

Members of the Kirk Session of Kirkwall and St Ola

Petitioner

Presbytery of Kirkwall

Petitioner

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Is the Court of Teinds competent to unify two charges within a single parish?
  2. 2 What are the legal consequences of unifying benefices attached to a single cure?

Ratio Decidendi

The Court possesses the inherent and statutory power to unify two charges within a single parish, especially where the second charge is auxiliary and circumstances render it unnecessary; the petition is granted subject to amendment to ensure stipend and emoluments are properly allocated.

Court Disposition

petition granted, subject to amendment

Orders

  • Unification of first and second charges of Kirkwall and St Ola into one single charge.
  • Rev. William Barclay to be minister of the united charge.