The Present State of the Law of Tithes; Under Lord Tenterden's Act; and the Act for the Limitation of Actions and Suits Relating to Real Property. With Reference to Tithe Commutations

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J. Hatchard and Son, 1846 - Tithes - 156 pages
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Page 80 - ... the enjoyment of the land, without payment or render of tithes, money or other matter in lieu thereof, for the full period of thirty years next before the time of such demand, unless, in the case of claim of a modus decimandi...
Page 139 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Page 144 - ... or given for that purpose by deed or writing; and where the render of tithes in kind shall be demanded by any archbishop, bishop, dean, prebendary, parson, vicar, master of hospital or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall...
Page 1 - And be it enacted, that if any suit shall be pending touching the right to any tithes, or if there shall be any question as to the existence of any modus or composition real, or prescriptive or customary payment, or any claim of exemption from or non-liability under any circumstances to the payment of any tithes in respect of any lands or any kind of produce, or touching the situation or boundary of any lands, or if any difference shall arise whereby the making of any such award by the commissioners...
Page 53 - ... and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter herein-before mentioned, or on any cause or matter of fact or of law, not inconsistent with the simple fact of enjoyment...
Page 51 - Tithes which hath been made or confirmed by the Decree of any Court of Equity in England in a Suit to which the Ordinary Patron, and Incumbent were Parties, and which hath not since been set aside, abandoned, or departed from, shall be and the same is hereby confirmed and made valid in Law ; and that no Modus, Exemption, or Discharge shall be deemed to be within.
Page 119 - ... party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter herein-before mentioned, or on any cause or matter of fact or of law, not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Page 53 - Right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done...
Page 51 - Tithes in kind shall be claimed, and for not less than three years after the appointment and institution or induction of a third person thereto : Provided always, that if the whole time of the holding of...
Page 53 - That in the several cases mentioned in and provided for by this Act, no presumption shall be allowed or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this Act as may be applicable to the case and to the nature of the claim.

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