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By authority of the presbytery of Lochcarron, the manse of Lochcarron was, in 1822, thoroughly repaired, and increased accommodation provided for the minister, with all which the minister—the presbytery also approving—declared himself satisfied. In 1832 the reverend incumbent again applied to the presbytery for further repairs and additions to the manse and offices, which the presbytery, after obtaining reports, decerned for.
Mr Mackenzie of Applecross, the chief heritor, expressed his willingness to execute the repairs, but this the minister would not consent to unless the additions were also made. A suspension was consequently brought on these grounds, 1. That the presbytery had no power to decern for additions to a manse; and, 2d, That after what had taken place in 1822, the minister was barred from demanding farther accommodations.
To this it was answered, 1. That the manse not having been declared free, the minister was not barred, by the repairs and additions in 1822, from now demanding accommodation suited to the state of the parish and of his family; Botriphnie, 3d July 1805; Avondale, 5th Dec. 1810, affirmed 3d July 1813. The presbytery may decern for additions as well as repairs necessary for the proper accommodation of the minister; Cathcart, 1803; Kirkliston, 1808; Anworth, 1812; Strathblane, 10th July 1827.
The minister reclaimed , and craved that the letters might be found orderly proceeded; or at least a remit made with instructions to an architect or person of skill, to report as to the present state of the manse and offices. The suspender also reclaimed , and craved an alteration of the interlocutor, in so far as it, ‘of consent of the suspender, finds the letters orderly proceeded.’
The Court , without calling on the counsel for the charger to argue the general point, held, in the special circumstances, and after the manse had been made commodious and satisfactory to the minister in 1822, that no farther additions ought to be decerned for; and accordingly pronounced this interlocutor:
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