A Treatise on the Law of Tithes |
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A Treatise of the Law of Tithes: Compiled in Part from Some Notes of Richard ... No preview available - 2020 |
A Treatise of the Law of Tithes: Compiled in Part from Some Notes of Richard ... Samuel Toller No preview available - 2017 |
A Treatise of the Law of Tithes: Compiled in Part from Some Notes of Richard ... Samuel Toller, Sir No preview available - 2016 |
Common terms and phrases
acre act of parliament adjudged agistment tithe alleged ancient Anon Anstr answer bill Bishop Bunb cattle church Cist cited claim common law common right composition corn Court of Equity Court of Exchequer cows custom customary payment decree defendant Degge depastured discharged Eccl ecclesiastical Court Eliz endowment entitled evidence exemption farm farmer favour glebe granted grass ground Gwavas Gwill hath held House of Lords houses ibid immemorial incumbent infr insisted Inst jury lambs lands lay impropriator lease lessee Lord ment modus moduses occupier owner paid parish parishioners parson party pay tithes payable payment of tithes plaintiff plough pounds predial tithes prescription Price prohibition proved question reason rector rent respect seems sheaves sheep shew shillings small tithes species spiritual Court statute suit supra Swillington tenant tion tithable tithe milk tithe of hay tithes in kind usage vicar vicarage void wood wool
Popular passages
Page 210 - Eighth; and because the statutes of colleges, which were founded before the Reformation, are also interpreted by this criterion, according to which their benefices under a certain value are exempted from the restriction in the statute of the twenty-first of Henry the Eighth concerning pluralities.
Page 160 - But, experience shewing that even this caution was ineffectual, and the possessions of the church being, by this and other means, every day diminished, the disabling statute 13 Eliz. c. 10, was made : which prevents, among other spiritual persons, all parsons and vicars from making any conveyances of the estates of their churches, other than for three lives or twenty-one years. So that now, by virtue of this statute, no real composition made since the 13 Eliz.
Page 196 - For, as the fact of signing a release, or of actual payment, is not properly a spiritual question, but only allowed to be decided in those courts, because incident or accessory to some original question clearly within their jurisdiction; it ought therefore, where the two laws differ, to be decided not according to the spiritual, but the temporal law...
Page 216 - MODUS was claimed for hay. The terriers described the modus to be for all mowing grass, " except clover and the like." It was objected that as the article excepted was not known beyond time of memory, a modus containing that exception must be modern.
Page 131 - ... as that the parson shall have only the twelfth cock of hay, and not the tenth, in consideration of the owner's making it for him: sometimes, in lieu of a large quantity of crude or imperfect tithe, the parson shall have a less quantity, when arrived to...
Page 41 - Decree-book, that his lordship afterwards, 1 784. in delivering the judgement of the court, declared, that the tithe of a mill, though to be recovered in the nature of a personal tithe, is not to be taken strictly as a personal tithe, but is so far predial, and has so much reference to a certain place in which it arises, as in the particular case before the court, to fall within the description of a small tithe, for or in respect of an old inclosure for which a sum of money has...
Page 183 - ... connected with material positive evidence, that there must have been some other payment due from the Parishioners ; but I apprehend, it is equally clear upon grounds lately discussed, and clearly established, in the House of Lords, that in this case of a claim of this payment, as in the instance...
Page 227 - ... any tithes or rates, or any customary or other rights, dues or payments belonging to any church or chapel, which of right by law and custom ought to be paid for the stipend or maintenance of any minister, or curate officiating in any church or chapel...
Page 55 - In this case it is incumbent on the rector to give such clear and cogent evidence of an usage in the parish in his favour, with respect to the articles he would insist upon, as shall narrow the terms of the endowment, and induce a presumption, that the parties interested in the tithes had come to...
Page 116 - ... an essential distinction. A prescription in non decimando is simply unlawful : no such prescription can be maintained. If no tithes have been paid, a title founded upon mere nonpayment, is simply a prescription in non decimando. Evidence of length of possession the court can pay no regard to, for the possession must have been unlawful ; and the court is therefore bound to decree in favour of the common right.