Scottish Court of Session Decisions

Subject_1 POOR.

Kirk-Session of Humbie
v.
Hepburn

1751, Feb. 15.
Case No. No. 3.

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This question was touching the poor's money, Whether weekly collections at the Church doors, or money lent out for their use, whether the kirk-session had the whole right of administration and distribution, or if the heritors of every parish have right to join and vote with them in the distribution? 2dly, If the session has the sole right, whether they are liable to challenge at the instance of the heritors in case of maladministration or misapplication? The Lords found that the heritors have a joint right and power with the kirk-session in administration, management, and distribution of all and every of the funds belonging to the poor of the parish, as well collections as sums mortified for the use of the poor, and money stocked out upon interest, and have right to be present and join with the session in their administration, distribution, and employing such sums, without prejudice to the kirk-session to proceed in their ordinary acts of administration and application of their collections to their ordinary and incidental charities, though the heritors be not present or attend;—but for the better preventing this misapplication or embezzlement of the funds belonging to the poor, they found, that when any acts of extraordinary administration, such as uplifting money that hath been lent out, or lending or re-employing the same, shall occur, that the Minister ought to intimate a meeting from the pulpit, for taking such matters under consideration, at least 10 days before the holding of the meeting, that the heritors may have opportunities to be present and assist, if they think fit, and decerned and declared accordingly, Justice-Clerk et me tan-turn renit. and Kilkerran, who was not present. I thought they had power to call the session to account, in case of maladministration or embezzlement, because the heritors are subsidarie liable, failing the collections; and I thought also, when the poor were so numerous, and the fund so small, that there was a necessity for the heritors and session jointly taxing the parish, the session was bound to give the heritors' collector the half of the collections, in terms of the proclamations and acts of Council 1692 and 1693, (whereof printed copies were given us,) but in other cases, I thought that neither by the nature of the thing, nor by the municipal laws of Scotland, nor by custom, had the heritors any voice in the administration or distribution of the collections, but of these I thought the session were the sole almoners, chosen as well by the people who gave the offerings, as by the Church who appoint them.