A Practical Treatise on the Law of Tithes

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J. Butterworth and son, 1822 - Tithes - 336 pages

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Page 287 - London for the time being, the said mayor, by the advice of counsel, shall call the said parties before him, and make a final end in the same, with costs to be awarded by the discretion of the said mayor and his assistants according to the intent and purport of this present decree.
Page 30 - ... take or carry away any such or like tithes, which have been yielded or paid within the said forty years, or of right ought to have been paid, in the...
Page 108 - All such barren heath or waste ground, other than such as be discharged for the payment of tithes by act of parliament, which before this time have lain barren, and paid no tithes by reason of the same barrenness, and now be, or hereafter shall be improved and converted into arable ground or ' meadow, shall from henceforth, after the end -end term of seven years next after such improvement fully ended and determined, pay tithe for the corn and hay growing upon the same ; any thing in this act to...
Page 281 - February 1545, according to the statute in such case lately provided, that the citizens and inhabitants of the said city of London, and liberties of the same, for the time being, shall yearly, without fraud or covin, for ever, pay their tithes to the parsons, vicars, and curates of the said city, and their successors, for the time being, after the rate hereafter following, that is, to wit, of every 10s.
Page 299 - ... be, and continue to be esteemed, deemed, and taken to all intents and purposes, to be the respective certain annual maintenance (over and above glebes and perquisites, gifts and bequests to the respective parson, vicar and curate of any parish for the time being, or to his or their respective...
Page 302 - ... of the expenses incurred from and after the twenty-ninth day of September, one thousand eight hundred and seventy-eight, by the highway authority in the maintenance of such road shall, as to every part thereof which is within the limits of any highway area, be paid to the highway authority of such area...
Page 235 - ... and no proceedings or judgment had or to be had by virtue of this act shall be removed or superseded by any writ of certiorari or other writ out of his majesty's courts at Westminster, or any other court whatsoever, unless the title of such tithes, shall be in question.
Page 18 - Lee (1684), it was decreed, that where there is no vicarage endowed, the impropriator of the small tithes is bound to maintain a priest ; and upon an information by the attorney-general for that purpose, the king may assign to the curate such an allowance or proportion of the small tithes as he shall think fit : but otherwise it is, where the vicar is endowed, though but of never so small a matter (t).
Page 223 - ... him who applied for the prohibition in the court above, and a writ of consultation shall be awarded ; so called, because, upon deliberation and consultation had, the judges find the prohibition to be ill founded, and therefore by this writ they return the cause to its original jurisdiction, to be there determined, in the inferior court. And, even in ordinary cases, the writ of prohibition is not absolutely final and conclusive.
Page 305 - Limit, to levy the same by Distress and Sale of the Goods of the Party so refusing or neglecting...

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