The Principles And Law of Tithing Adapted to the Instruction And Convenience
The Principles And Law of Tithing Adapted to the Instruction And Convenience
Plowden, Francis, 1749-1829
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The time for notice has always been understood to be about Mi- chaelmas. Between landlord and tenant the notice must be reason- able: custom has fixed it to six months. Suppose a man to have a modus for some particular land ; if he knew his composition was not to continue, he would not sow his wheat on that land. ■ The court decreed an account with costs. Lord Thur- Jn 1 78 7, in the case of Bishop v. Chichester, quoted before for iTthtrel""" Other purposes, Lord Chancellor Thurlozv thus spoke ...of the notice upon. Necessary to determine compositions ; and with reference to the be- fore-mentioned case of Doctor IVallcr or Adams v. Hewitt, he thought the rules of notice for determining compositions for tithes, were exactly the same as those between lordlord and tenant from year to year: that he always understood the reason, why a defend- ant, who set up an adverse claim, should not be allowed to object for want of notice, to be, that it was inconsistent for him to say in the same breath, that he docs and that he does not hold from year to year; for the necessity of notice arises from that particular species of tenancy, which he disclaims by his other defence ; and this principle would equally apply to the case of a composition from year to year ; for the composition with the occupier is the same thing, as a lease to a stranger ; but that he could not distin- guish this from the case of Hewitt v.
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