A Collection of Acts and Records of Parliament: With Reports of Cases, Argued and Determined in the Courts of Law and Equity, Respecting Tithes, 2. köide

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A. Strahan, 1801 - 1706 pages
 

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Page 666 - The parfon (hewed that the defendant by fraud and covin fowed every tenth land which belonged to the parfon very ill, and with fmall quantity of corn, and did not dung and manure it as he did the other nine parts, by means whereof, whereas the other nine every of them yielded eight cocks, the tenth yielded but three cocks ; and for this matter the parfon libelled in the fpiritiwl court, and confeffed the cufloin, but for abufing the cuflom, prayed to have his tithes in kind.
Page 732 - Aaoiha. parfon is intitled to tithe hay, he will be intitled to the hay made of clover, as well as of other grafs ; and if to the hay, likewife to the feed.
Page 762 - Sol. a year, and according to the natural improvement of lands from Henry the eighth's time, it ought to have been ten times as much, on account of money finking in its value, and lands riling in theirs.
Page 774 - And, in regard the plaintiff is by his prefent bill feeking the fame relief and difcovery as he fought by his former bill, and as is already provided for him by the decree, according to the ufage of this court in cafes of this nature, the defendants do therefore plead the former bill, anfwers, decree, csV.
Page 782 - ... and church-wardens, or any five of them, whereof the alderman or his deputy to be one, (hall at fome convenient and feafonable time...
Page 634 - HEKEAS the tithes in the city of London were levied and paid with great inequality, and are, since the late dreadful fire there, in the rebuilding of the same, by taking away of some houses, altering the foundations of many, and the new erecting of others, so disordered...
Page 795 - But if afterward this land will not produce unless dunged or chalked, the court has considered this as evidence of its being barren in its own nature, not proper for corn without additional improvement. It is admitted that this land produced three crops of corn, without any thing but ploughing ; but objected that chalking will be necessary ; and so it may in the course of common husbandry. But the question is, what was necessary for the first crop ? The way of arguing for defendant would throw the...
Page 735 - So apples, and other fruit, are confessedly small tithes ; but the wood of apple trees, and other fruit trees, if cut in a year when no tithe (is) paid of the fruit, is as other wood for firing, great tithe ; but in the year when tithe is paid of the fruit, if then felled, no tithe shall be paid of the wood, the fruit being looked on as the principal.
Page 637 - Lady-day, for convenience of forage ; (as infifted upon by the defendant) and at Lady-day were brought back to Driffield: Note, the land in Skern was the defendant's own land. By the court; Here is not a fufficient proof of fraud: And the plaintiff's bill was difmnTed.
Page 637 - ... abbey of Eynjham, and exempted by the flat. 31' Hen. 8. The plaintiff made out by his proof, that the vicar was intitled to all fmall tithes within the parifh, that the great tithes were conftantly paid to the impropriator, and gave * one inftance within thirty years of a compofition with the vicar for the agiftment tithe of this clofe. The defendants proof was negative, that they never knew tithe paid for this clofe ; and although it was objected, that a vicar fhould have made out a fullur title...

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