bg of the presbytery in designing the glebe out of it, * as if the
' entirety had been kirk land, was erroneous.'* No means, how-
ever, were pointed out by which the presbytery should have
procee d ed to make efieetual the burden to whidi a part of these
lands were confesseAy liable.
<LordF€R«l«.MsUm,F^(^lilifiB. (M. 61SS»)

*8MDak0ofBii€eleiigh«.Scotta,Jia72O, 1070. (2 Bfown** SQp^ 497.) tUtoM
iSMt txaeUy that a»amcd in the text, bat it involtM tWanuepniidTle.
s Forbes «. WihoD» Jtly S4» 18M. (1 Sh*w*e Appeids, S4a)



116 MAN8E8 AND GLEBES; CHAP. III. § 4.
109- The minister's grass, as already menlioiied, can only be
designed out of church lands. The pasture ground nearest the
manse of the several classes of lands in their order is, of course,
first to betaken. If all the landsof a prior class be arable^ then
the more remote, though of a class liable only gecwndo loco^ wHl
fidl to be designed ; yet if the whole church lands be arable^ it
would rather appear, firom the general terms in which two deci-
sions quoted below are reported, that the ^20 Scots, in lieu of
grass, will be* allocated on the heritor of the nearest churdi
lands, without r^ard to the ord^ of liability, with relief to him
against the others.^ It ought to be observed, however, that, for
any thing which appears in the reports, the nearest churdi
lands in these cases may also have been of a dass first in order
of designation, or that all the church lands may have been of
the same order.
