The Highland monthly - National Library of Scotland

6o2 The Highland Mo7ithly.
This course has been fully justified. Cases have been'
tried between Parochial Boards and Kirk-Sessions upon
this question, when the Court has held that monies left to
the minister and Kirk-Session of a parish for the time
being, for the benefit of the poor of the said parish, were
not claimable by a Parochial Board, in respect that
although the fund had been bequeathed for the benefit of
the poor in the parish, yet the bequest was to the poor
generally, and the parties in whom it had been vested for
their benefit were the minister and Kirk-Session, as an
independent body, aud not the Kirk-Session and heritors,,
as legal guardians.
A distinction has also been pointed out between the
legal poor, those entitled to relief by statute, and " the poor
of the parish." In another case, the Court was of opinion
that the trust was to be regarded, not as a trust for the pro-
per Administrators of the Poor, the Heritors and Kirk-
Session, but as a trust vested in the Kirk-Session only \
that it was not, therefore, a trust to which the statute
applied ;
and the administration of the fund was permitted
to remain in the hands of the Kirk-Session. In the case of
the Hospital funds of Inverness, a very full enquiry was
made by a Committee of the Parochial Board in 1890-91,
when the Committee reported that they were satisfied that
no part of the funds administered by the Kirk-Session for
the poor are vested in the Heritors and Kirk-Session ; but
that they are vested in the Kirk-Session alone, with the
exception of a legacy of ^150, less duty, left by Collector
Smith, at the joint disposal of the Kirk-Session and
Magistrates. This money was, however, paid to the Kirk-
Session in 1835, the Treasurer being authorised by the
Session to grant a receipt, and has since been dealt with
as part of the Session funds. The Parochial Board
adopted the report of their Committee.
The old Hospital continued to be occupied as a poor-
house, until it was found to be too small and unsuitable,.