A Treatise on the Law of Tithes, Volume 1

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Saunders and Benning, 1830
 

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Page 93 - If non-payment for any length of time forms no presumption of a grant of the tithes, then the length of enjoyment, which in all other cases is the best possible title, serves only to weaken the claim of exemption from tithes, as the difficulty of tracing its origin is increased. In the present case it is hardly credible that the plaintiff's family have omitted, for above two centuries, to exert this right, from mere forbearance or negligence. Some other transaction probably took place between the...
Page 3 - Provided alway, that no canons, constitutions, or ordinances shall be made or put in execution within this realm by authority of the convocation of the clergy which shall be contrariant or repugnant to the king's prerogative royal, or the customs, laws, or statutes of this realm ; anything contained in this act to the contrary hereof notwithstanding.
Page 54 - Ashhurst said, that in hay and corn, the farmer must put it into cocks and sheaves for his own benefit, and therefore he shall do the same for the parson ; but that a man was not obliged to bestow more labour than the nature of the thing required for the benefit of the parson: and that this agreed with the cases.
Page 117 - ... of this distinction. A legal Title to a portion of Tithes may exist as well against a Spiritual Rector as against a Lay Impropriator ; and why, therefore, is not such a Title to be presumed from long Conveyance and Possession...
Page 226 - Years, or of greater Age, to Merchants to their own Profit, or in Aid of the King in his Wars, Parsons and Vicars of holy Church...
Page 373 - That all and every person which haih or shall have any beasts or other cattle titheable going feeding or depasturing in any waste or common ground, whereof the parish is not certainly known, shall pay their tithes for the increase of the said cattle so going in the said waste or common, to the parson vicar proprietor portionary...
Page 78 - Ell. 780 ; [The appropriating corporations, or religious houses, were wont to depute one of their own body to perform divine service, and administer the sacraments, in those parishes of which the society was thus the parson.
Page 22 - Proceedings to authorise the same, and such Sequestration shall accordingly be issued, as the same might have been issued upon any Writ of Levare , facias, founded upon any Judgment against such Clergyman...
Page 150 - ... forty years next before the making of this Act, or of right or custom ought to have been paid...
Page 175 - ... person carry away his corn or hay, or his other predial tithes, before the tithe thereof be set forth, — or willingly withdraw his tithes of the same or of such other things whereof predial tithes ought to be paid,— or...

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