Ecclesiastical Buildings and Glebes (Scotland) Act 1868

JurisdictionUK Non-devolved
Citation1868 c. 96


Ecclesiastical Buildings and Glebes (Scotland) Act

(31 & 32 Vict.) C A P. XCVI.

An Act to amend the Procedure in regard to Ecclesiastical Buildings and Glebes inScotland .

[31st July 1868]

W HEREAS it is expedient to amend the Procedure in regard to Ecclesiastical Buildings and Glebes inScotland: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-1 Interpretation of Terms.

1 Interpretation of Terms.

1. Where not inconsistent with the Context, the following Expressions shall in this Act have the Meanings herein-after assigned to them:

The Expression ‘Church’ shall include all necessary Fencing of the Site whereon the Church is built, in so far as the Heritors are now by Law bound to provide the same:

The Expression ‘Manse’ shall include all necessary and usual Offices, Garden, and Garden Walls which the Heritors are now by Law bound to provide:

The Expression ‘Parish’ shall include United Parishes:

The Expression ‘Glebe’ shall include Grass Glebe or Ministers Grass:

The Expression ‘Lands and Heritages’ shall have the Meaning assigned to it in the Act Seventeenth and EighteenthVictoria , Chapter Ninety-one, intituled An Act for the Valuation of Lands and Heritages in Scotland:

The Expression ‘the Lord Ordinary’ shall mean the Lord Ordinary in Teind Causes in the Court of Session:

The Expression ‘Sheriff’ shall include Sheriff Substitute:

The Expression ‘Heritor’ shall mean any Proprietor of Lands and Heritages at present liable in the Assessments which may be imposed according to the real or valued Rents thereof, as the Case may be, for the Purposes set forth in the Third Section hereof;

The Expression ‘valued Rent’ shall in the County and Lordship ofZetland mean and include ‘Number of Merks Land.’

S-2 Short Title.

2 Short Title.

2. This Act may be cited as the ‘Ecclesiastical Buildings and Glebes (Scotland) Act.’

S-3 Heritors dissatisfied with Determinations of Presbyteries in regard to Churches, Manses, Glebes, &c. may remove Proceedings by Appeal to Sheriff.

3 Heritors dissatisfied with Determinations of Presbyteries in regard to Churches, Manses, Glebes, &c. may remove Proceedings by Appeal to Sheriff.

3. From and after the passing of this Act, if, in the course of any Proceedings before any Presbytery of the Church ofScotland relating to the building, rebuilding, repairing, adding to, or other Alteration of Churches or Manses, or to the designing or excambing of Sites therefor, or to the designing or excambing of Glebes or Additions to Glebes, or to the designing or excambing of Sites for or Additions to Churchyards, and the suitable Maintenance thereof (including the building or repairing of Churchyard Walls), any Heritor or the Minister of the Parish shall be dissatisfied with any Order, Finding, Judgment, Interlocutor, or Decree pronounced by such Presbytery, it shall be competent for such Heritor or Minister, within Twenty Days of the Date of such Order, Finding, Judgment, Interlocutor, or Decree, to stay such Proceedings by appealing the whole Cause as herein-after provided; and such Appeal, on being duly intimated to the Clerk of the said Presbytery, shall have the Effect of staying the Presbytery from taking any further Steps in connection with said Proceedings: Provided always, that if no such Appeal is taken and duly intimated within the Period foresaid, every such Order, Finding, Judgment, Interlocutor, or Decree not appealed from as aforesaid shall be final and not subject to Review: Provided also, that if the Heritor or Minister taking any Appeal as aforesaid shall unduly delay to follow forth the same, it shall be competent for any other Heritor, or for the Minister of the Parish, or for the Clerk of the Presbytery of the Bounds by the Authority of the said Presbytery, or for the Clerk of the Heritors by the Authority of the Heritors, to sist himself as a Party to said Appeal, and to follow forth the same as the original Appellant could have done.

S-4 Appeal, how to be taken.

4 Appeal, how to be taken.

4. An Appeal under this Act shall be taken by the Appellant or his Agent presenting a summary Petition to the Sheriff of the County in which the Parish concerned is situated, praying him to stay the Proceedings before the Presbytery, and to dispose of the same himself: Provided, that where the Parish is situated within more than One County the Petition may be presented to the Sheriff of either County; and the Sheriff to whom the first Application is made shall have the same Power, Authority, and Jurisdiction as if the whole of the Parish were situated within his County.

S-5 Intimation of Appeals.

5 Intimation of Appeals.

5. All Appeals under this Act shall, within Ten Days of their Presentation, be intimated by Circular, transmitted by the Appellant or his Agent through the Post Office, addressed to each Heritor or his known Factor or Agent, to the Clerk of the Heritors, if there be such Clerk, to the Minister of the Parish (if the Benefice is full at the Time), and to the Clerk of the Presbytery of the Bounds: Provided always, that where the Number of Heritors of the Parish exceeds Forty, it shall not be necessary to address a Circular to each Heritor or his Factor or Agent, but it shall be sufficient if a Copy of the Petition of Appeal is affixed to the most patent Door of the Church for Two successiveSundays next following the Presentation of the Petition, and if Notice of the Presentation of the Petition is inserted in a Newspaper circulating in the County during each of Two successive Weeks.

S-6 No written Pleadings unless specially ordered.

6 No written Pleadings unless specially ordered.

6. Upon any Petition of Appeal under this Act being considered by the Sheriff he shall satisfy himself that the Intimation before mentioned has been made, and, if not duly made, he shall order such Intimation as he shall consider necessary, and thereafter he shall inquire into the Circumstances, and hear the Parties, by themselves or their Agents, without any written Pleadings, unless the same shall be specially ordered by him; but he shall take a Note of the Proceedings and of any Evidence which may be led before him, and shall dispose of the Petition as shall be just.

S-7 Proceedings for rebuilding of Church or Manse.

7 Proceedings for rebuilding of Church or Manse.

7. In any Proceedings for the rebuilding of a Church or Manse the Sheriff shall, unless the Matter has been decided by the Presbytery by a Judgment or Finding final under the Third Section hereof,primo loco , consider whether, in accordance with the Law as at present existing, a new...

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