COMMISSION.

1. If on an iffue directed, and declaration filed, the defendant neglect to appear, a commiffion fhall iffue to afcertain the value of the tithes demanded by the 66 bill, Pyott v. Geary, 2. A commiffion iffued to afcertain the locality and quantity of certain ancient 81 demefne lands, Kent v. Webb,

3. In what cafe the Court will not grant a commiffion, but a trial at law, to afcertain the boundaries of lands, Bridgwa168 ter v. Theed, 4. A commiffion issued to ascertain a proper fpot of ground on which to build a vicarage houfe, &c. Kettleby v. Corbett, 213

1. A cuftom to pay the tenth fheaf of all corn bound, and the tenth fhock of all corn unbound, is good, Swaine v. 342

Perne, 2. A custom that of all corn and grain there fhall be paid the tenth fheaf, ftook, or ftich, according to the condition fuch corn and grain was in when the owners carried away the nine parts, and that of the odd fheafs, ftooks, or

ftiches under ten no tithes fhall be paid, is void, Snow v. Hewitt, 368 3. A custom to tithe corn and grain by the sheaf or fhock is good, Leach v. Deacon, 373 4. Corn fowed on new-grubbed ground fhall pay tithes, Gee v. Pearch,

387

7. A cuftom to pay one halfpenny for every barren fheep fold after Candlemas, and before fhearing time, is void, Turnor v. Weedon,

151 8. So alfo is a cuftom to pay the third of the wool for the tithes of all sheep bought in after Candlemas, and fold before the Candlemas following, lb. 151 So alfo is a cuftom to pay no tithes for hedge rows, coppice wood, or horfes, fpent or ufed in the premises to which the fame belong, Ibid.

9.

151 10. A custom for out-dwellers to pay 128. an acre for new meadow, and 4d. an acre for ancient pafture, on the first of Auguft yearly, is good, Afhfordby v. Newcomen, 167. 183. 209. 283 11. The custom of tithing wheat and other grain, in the parish of Ditcheat, in Somerfetfhire, ftated, Coward v. Higden, 170 12. A custom to pay every tenth day's milk from the first of May to the first of Auguft yearly, in lieu of all tithe milk throughout the year, is a void custom, Silverlicke v. Ifles, 176 13. A fpecial cuftom of tithing calves in the parish of Wedmore, in Somerfeshire, ftated, Davis v. Tutton, 185

thereof, is good, Waugh v. Greenwood, 187

15. A cuftom to pay 1s. 6d. a year, in lieu of the corn tithes, and 4d. a year in lieu of the hay tithes of a particular farm and manor, is good, Waugh v.. Greenwood, 187

16. A cuftom to pay, at Lammas, yearly, a farthing for every fheep agifted in the common fields, in lieu of the tithes of wood; one calf in feven, paying the owner three halfpence for each calf; one halfpenny for every fix calves; and one calf in ten, in lieu of tithe calves; one penny for every milch cow fed in the common fields, in lieu of tithe milk; and one penny in lieu of the tithe of fire wood, is good, Swan v. Stanley, 196

17.

A cuftom to pay 3d. a hogfhead for cyder and perry, in lieu of the tithes of all apples and pears, is void, Simpson v. Tucker, 197 18. A cuftom that when pafture is let by itfelf, the juftment holders are to pay 20s. in the pound, but where pafture is let with other lands at one entire rent, they are to pay tithes in kind, is good, Simpson v. Tucker,

198 19. The feveral customs of paying vicarial tithes in the parish of Croydon, in Surry, ftated, and established, Hatcher v. Clewer,

199 20. A custom to pay a cloake hen in lieu of all tithes of wool and lambs, is void, Meires v. Aftleyn,

202

21. A cuftom to pay the tenth part of the money which fish caught in the fea fell for, in free, except the meafed fifb, is bad, Gwavas v. Teage,

204

24. A custom to pay 2d. a year for every clofe mowed, in lieu of tithe hay, although the fame quantity of land was fometimes in two and fometimes in three clofes, has been found, on two trials, a good cuftom, but it was contrary to the direction of the judge, Dewes v. Tredwell, 25. A cuftom to pay is. an acre, in lieu of the tithes of part of Romney Marsh, is good, Eve v. Wightwick,

225

226 26. A custom to pay 20s. on St. Mark's Day, or a gelding's gate from May Day to Michae mas, at the election of the rector, in lieu of all the tithes of a manor, is good, Marthwaite v. Pierce, 234 27. A custom or modus to pay 60l. a-year, in lieu of the tithes of lands which, in the year 1680, let for 300l. the tithes included, is rank and void, Cotterel v. Athrop,

237 28. A custom to pay 6d. an acre, in lieu of the tithe herbage of a falt marsh, is good, Roberts v. Knowler, 238 29. A cuftom that lands fhall pay tithe for herbage to the vicar in the fame year that they were fowed with corn, and paid the tithe thereof, is good, Turner v. Payne,

239 30. A cuftom to take from the inhabitants the eleventh herring landed in the parish, and the twentieth herring landed out of the parish, and from outdwellers the twentieth herring landed in the parifh, is good, Robinjon v. Foulk, 240 31. A custom that the owner of a hop garden fhall fet out every tenth row of hops, without any fraud, as they arife, before the fame are gathered, or the binds thereof cut, declared reasonable and good; but by fubfequent cafes it is faid, that it cannot be fupported, Chitty v. Reeve, 251

32. A custom to pay 4d. an acre, in lieu of tithes of all hay on account of ancient inclofures, is good, Simpfon v. Hill, 258

33. A custom to number sheep on the first of January yearly, and that if there remain as many at fhearing time the vicar fhall have the full tithe of the wool of fo many as are fhorn; but that

34. A cuftom to pay three halfpence an acre, in lieu of tithes of a copyhold farm, where the lord's referved rent is more than 12d.; one penny an acre where it is at 128,; and a halfpenny an acre where it is under 12d. is good, Strode v. Birchom, 269

35. A custom to pay the thirtieth fhock of corn, in lieu of all tithes arifing on the demefne lands of a manor, is good, Barker v. Clarke,

275 36. A cuftom to fet out the tenth heap of wheat, inftead of the tenth fheaf, is good, Aleborne v. Gilbert, 276

37. A cuftom to pay is. for every calf under ten, and fifteen cheeses a year, in lieu of the tithes of calves and milk, is good, Staines v. Wells,

289

40. A cuftom that the inhabitants of a parifh fhall pay ad. an acre for all meadow mowed; 8d. an acre for every acre depaftured; and two 2s. a year for a cow, does not extend to perfons living out of the parish, and holding farms within it, Wickham v. Strode, 298 41. A cuftom to pay id. for cows, and one halfpenny for calves; and 6d. a head for feeding unprofitable cattle; a plow penny, in lieu of the tithes of a team of horfes ; a cloake hen, in lieu of the tithes of poultry; and a halfpenny for bearth filver, in lieu of the tithes of fire wood, is good, Verdon v. Waller,

300 42. A cuftom to pay the tenth penny apples and pears fell for, and the tenth apple or pear gathered to be eaten in the family in kind, is good, Ernfie v. Walls,

Ο ρ 3

304

43. A

43. A cuftom to pay every tenth hogfhead

of cyder and perry in kind, and twopence for every hogfhead under and above ten, and fo for every tenth hogfhead, is good, Ernie v. Watts, 304 44. A custom to pay the tithe wool when the fheep are kept in the parish the whole year, and fhorn there, but that when they are not fo kept, then to pay 4d. a score for every month they are kept in the parish, and no tithe wool, is good. Erre v. Watts, 304 45 A custom to pay one lamb in feven, the vicar to pay the owner three halfpence; to pay one halfpenny for every lamb under feven; and every tenth lamb in kind, the occupier first to chufe two, and then the vicar one, and then the owner to chufe nine more, and the vicar the next, and fo forward in the like manner, is good, Ernfte v. Waits, 305

46. A cuftom for the vicar to have every tenth calf in kind; and where there are but feven, the feventh calf, paying Is. 6d. to the owner; where there are less than seven, the vicar to have a halfpenny for every calf under feven kept for ftore; and 6d. for every calf under feven killed for the owner's ufe, Ernfie v. Waris, 4. A custom to fet out the tithes of hay by every tenth pooke; of wheat by every tenth fick; of barley and oats by every tenth core; of wool every tenth fleece, is good, Yard v. Storrill,

305

312 48. A custom to pay feven bushels of rye, each bufhel to contain twenty-four gallons, on Efter Monday, or as foon after as the fame fhall be demanded, in lieų of the tithes of corn and other grain, is good, Hodgson v Skelton,

314

49. A custom to pay id. and 2d. a hogfhead for cyder and perry, in lieu of the tithes of the apples and pears of which they are refpectively made, is good, Slaughter v. Ley, 315 50. A custom to pay the tenth dish of all lead ore dug in a particular parish, is good, findar v. Jackson, 316 51. A custom that where the owner of meadow land cuts and makes the first

math into grafs cocks, and pays the parfon the tithes thereof, he is dif charged of the tithes of the fecond math, is bad, Colley v. Smith, 323 52. A cuftom that every cow-keeper in a parifh fhall pay eighteen cheeses a year, in lieu of the tithes of all his cows and their milk, is good, Morgan v. Helt, 336

53. A cuftom to pay 4d. an acre to the vicar for all meadow and pafture lands, whether the fame be marsh or up lands, is good, Smeter v. Bridges,

58. A custom that any ftranger occupying or feeding any wood ground is to pay acreage after the custom of the field as the inhabitants pay for mowed ground, the fall to be at the parfon's election, in lieu of the tithes of wool, lambs, and calves, the incumbent to abate id. an acre for the acreage of lands depastured and fed, whether with profitable or unprofitable cattle; but that if the id. exceed the fall, to take id. an acre, and quit the fall, is good, Swaine v. Perne.