Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The Reverend Mr Gardner, minister of the parish of Bothwell, presented an application to the presbytery of Hamilton, stating that the parish church, which consisted of part of an ancient building, and an addition which had been made to it in 1700, was now in a dilapidated state, and unfit for the accommodation of the parish: and praying that the presbytery might take such steps ‘as the law may direct, and as the presbytery in their wisdom may judge adviseable in the circumstances of the case.’
The Lord Ordinary (Medwyn) ‘in respect of the consent of the respondents to restrict the decree of the presbytery to the erection of a building, in connection with the ancient part of the church of Bothwell, sufficient for the accommodation of 1200 persons, to that extent passes the bill, but refuses it quoad ultra .’ But the Court remitted to the Lord Ordinary to pass the bill in toto .
The letters of suspension having been expede, the Lord Ordinary, after having obtained a report from an architect, pronounced an interlocutor appointing the ‘building made in the year 1700 to be pulled down, and such a new building to be made as, in conjunction with the old building already ordered to stand, will contain 1200 seats for hearers.’
The Court unanimously adhered to the interlocutor—their Lordships holding that all question as to the general rule of law, fixing the extent of church-accommodation, was absolutely excluded by the judicial admissions of the chargers, which they could not be allowed to retract. It was farther observed by Lord Alloway , that the interference of the presbytery had gone too far in this case. They had no legal right to give any opinion as to how or where the church should be built, their duty being confined to fixing the extent of the church.
Lord Cringletie, Ordinary. For the Chargers, Sol.-Gen. (Hope) Jardine. R. Rutherford, W. S. Agent. For Suspenders, Dean of Fac. (Moncreiff) Walker. J. Mac-Innes, W. S. Agent. M'K. Clerk.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.