New Parishes (Scotland) Act 1844

IV Where Proof is given that a sufficient Church Accommodation exists in the new Parish, Lords of Council may allow Process to proceed.

And be it enacted, That if, in any Process for disjoining or dividing a Parish, it shall be shown to the Satisfaction of the Lords of Council and Session that there is already built or erected and in good Repair a Church or Place of Worship suitable for the Church-of the new Parish proposed to be erected, and capable of being lawfully appropriated to that Purpose, whereby the Expence of erecting a new or additional Church will not be incurred by the Heritors, and that the Titulars or others having Right to the Teinds out of which is to be paid not less than Three Fourths of the additional Stipend or Stipends to be modified by reason of such Disjunction or Division have consented thereto, or have stated no Objection thereto, after due Intimation by Direction of the Lords of Council and Session to them given, it shall be lawful and competent for the said Lords of Council and Session to allow such Process to proceed, and to give Judgment and Decree therein, if, upon Consideration of the whole Case, it shall appear to them that there are good and sufficient Reasons for so doing, although the Heritors of a major Part of the Valuation of the Parish to be disjoined or divided may not have consented.