Star.
London, England, 1831-09-05 00:00:00

TITHES.

Legal Opinion, instructing Tithe Payers in the leot mode
of setting oast their Tithe to Tithe Reesiocrs, to their
Praetors, or Tithe Mansion.
Q. let.—lt is required to know what is defined by a law
combination of tithe payers against the parson, and when do
they incur the penalty ?
A.—A combination of tithe payers against the parson is
the agreement of two or more parishioners, for the purpose
of obstructing any tithe owner in drawing his tithes, or in
letting oe selling them to the best advantage, and who, hay.
ing entered into such an agreement, shall write, publish. or
placard, or cause to be so done, any paper threatening dc.
mage to any tithe owner or farmer, or with an intention to
terrify any tithe owner or farmer from taking tithes In kind,
or setting or selling his tithe to the best advantage, or with
an intention to procure any combination of parishioners to
hinder any tithe owner or fanner from taking in kind or
setting or selling to the best advantage; such conduct
Is punishable in • pawky alive peands, by the 29th Oea
ll.e. 12, a.

Q. 211:—Alegal form of notice, requiring of the tithe re-
ceivers to attend and receive their tithe ?

A....-The following is a draft of the notice proper
to be served on this occasion by the parishioner on the
clergyman :
o'clock, June, 1830.
RLIVERIND Sra,—Be pleased to take notice, that i in.
tend and will (the weather permitting) on the day of
commence to let out and deliver the tithe on my
oats, which grew and now remains on the lands of
in the townland of in your parish of Timahoe, in
the county of Kildare., and that I shall continue so to do on
each succeeding day (Sundays excepted) until the entire
shall be let out and delivered, when and where you are
hereby required to attend in person, or by your proctor, to
receive and draw the tithe of said oats to be laid apart for
you for that purpose, and to see the same fairly laid out
and carried off the land by such person or persons as you
shall employ, who shall have full permission to enter and
carry away the same according to law.
(Sired)
To the Rev. A. B. an his Proctor

L. N.

or Manager.
Q. 3d..—How many days after the notice has been served
is the tithe receiver to attend ?

A.—There is no fitted time within which the tithe owner
should draw; that poled is variable, and must depend on
the state of the weather and nature of the crop ; be is en.
titled to as much time as is necessary for the perfect curing
a it, and if he leaves it longer on the ground he will be
liable to an action at the suit of the farmer for the incon.
venience which it may be the cause of.
Q. 4th.—lf the lithe receiver do not attend in due time
to receive his tithe, what is the farmer to do with it ?

A.—The landlord may let the tithe rot on the ground
where it is first let out. Or, after the expiration of rea-
sonable and proper time for saving it, should it then
become a nuisance to him, he may remove it to other
ground where it shall be equally safe, but he is in no case to
appropriate it of suffer it to be injured.
Q sth.—How many farmers can notice tithe recei-
vers, each succeeding day, to draw tithes on the same
days ?
A.—lf there be any convert or confederacy to annoy, it
would be a matter indictable at common law, independent of
the statute. Every landholder should act individually, and
according to the exigence of his own particular case, and
without concert with any other; and although every land-
holder has a right to act so no two landlords can combine
to act so ; and thus acting individually, the notices on the
tithe-owner for the same day may be small or may be great,
and in either case would be legal, but in neither case could
it be legal, if the coincidence of the notices were produced
by concert.
Q. fith.—What delay in the giving out of tithes is
lawful ?

A.—lf the landholder serves his notice at ten o'clock on
Monday morning, he should be ready and prepared to set
out and deliver at ten o'clock on the next Wed.
neaday. The time is to be reckoned not from the date, but
from the serving of the notice, and the notice should be
ecived by an intelligent person, who should mark and be
able to prove it.
Q. 7th.—ln what state it hay to be given, whether,
when cut down in the swarth, or in the mall cock ; alto,
what time the tithe.payer is to keep the same for the
parson,—or has the parson a right to dry the hay on the
farmer's land ?
A.—lf there bad been a custom in this parish, the answer
would be to follow the custom ; but as from the tormer'e
good understanding with the rector, no taking uff tithe in
kind seem. to have been in practice, I cannot resort to
such a criterion; therefore, I ant of opinion, that in respect
to tithe of hay in this parish, it should not be tithed in toe
swarth, but in that mute advanced state, when it is praeti•
cable to make a comparison between the tenth and the other
nine parts. The parson has a tight to dry the hay on the
landholder's land, for its removal otherwise would not be
available to him to have the benefit of his tithe of hay ; and
the landholder is ender the obligation to afford him the
accommodation of the land until it be fit for removal with-
mit loss. In a ease of this kind, not usual in practice, the
landholder should set bona fide and liberally in his accom-
modation to the tithe owner; because I feel bound to warn