Ecclesiastical Buildings and Glebes (Scotland) Act 1868

11 Proceedings for designing or excambing glebes, &c. U.K.

In any proceedings for designing a glebe or churchyard, or the site of a church or manse, or additions to any of the same, or for excambing a glebe, churchyard, site of a church or manse, or any portions thereof, the sheriff shall inquire into the truth of the petitioner’s allegations, and for that purpose may take such evidence, and make such remits to land valuators, surveyors, or other persons of skill, as shall seem necessary, and shall dispose of the petition in accordance with the law as at present existing and shall assess and allocate the expense of acquiring land (including any buildings thereon) for such glebe or churchyard, or for the site of such church or manse, or for additions to any of the same, and decern therefor, as in the case of building, rebuilding, or repairing a church or manse: Provided always, that the sheriff’s decree of designation or excambion shall have the same force and effect as a decree of designation or excambion pronounced by a presbytery before the passing of this Act, except as herein-after provided: Provided also, that it shall not be competent for the sheriff to pronounce any decree of excambion, unless it shall appear, under the hand of the clerk of the presbytery of the bounds, that the presbytery have given their consent to such excambion.