He tithed he swore, fairly and impartially, taking each rider, without damage parfon had no opportunity of compartn the sheaves, as fheaves. Part of the wheat was fit for housing on the 14th of September and the defendant not having sentĪny person to see the riders set up, nor the tithe set out, the plaintiff sent his servant 0n that day to set out the tithes and he took one sheaf from each rider, and set up every two sheaves so taken one against the other and if there were an odd tenth sheaf at the end of the row, he put three together. vhole ' which were when cut, was first bound up immediately set up in riders each rider consisting of 10 sheaves, four ot which were set up 0n their ends against four others, and two more were placed roof- wise 0n the top of the rest, by way of protecting the whole against weather. Any Person who will give such Information at this Office, as may be the Means of the Property being re- covered and the Offender or Offenders brought to Jus- tice, shall receive FIFTY GUINEAS Reward. A Pair of Diamond Earrings with long Drops. PRIVATELY STOLEN, from a Gentleman's House within the last Seven Months.- A Diamond Necklace of Three Rows, the Centre 1 irge Stones, the Others Imaller. MARLBOKOUGH- STKEBT- FIFTY GUINEAS REWARD. The ground of the nonsuit was, that in the mode of tithing actually adopted in this ca e, the PUBLIC OFFICE, GT. ![]() Weather must be lost to the farmer, unless he incurs the additional labour and ex- pence of taking the riders to pieces when it is tithed, and putting it together again afterwards. Tithing by the rider would certainly be bad, because the residue left untithed would be so much the larger: so that unless this mode of tithing may be adopted, the benefit of shocking the corn in the first in- stance to save it from the While the sheaves were in riders and the learned Judge gave his opinion against the mode of tithing adopted by taking the tenth sheaf out of the rider, without any op- portunity given to the parson's lessee of comparing it with the other nine.] All the ten sheaves in the rider arc visible on the outside, and the witnesses swore that one of them was taken fairly and indiscriminately from each heap. The farmer and not the parson is to set out the tithe. That was not a notice to tithe, but only to begin to cut the corn on the : 4th, if the weather suited. There was nothing to prevent the lessee of the parson from attending upon the notice given on the 21st of August for the 24th. ![]() sheaves : but not only might he have done this when the corn was cut and sheaved, ( of which he had notice,) and before the sheaves were put into riders, and also again when notice was given of tithing it, preparatory to the nine parts being housed but the comparison might also have been made after the tenth sheaf was drawn from the rider, and while the other nine remain- ed together in it : at least it was a question which ought to haveīeen left to the jury, whether the comparison could properly have been made in that state. ![]() The wheat, in sheaves, TERM REPORTS CONTINUED. at Lancaster, it appeared that the plaintiff had crops of wheat and oats in 1809 and the wheat and part of the oats being ripe for cutting on the 21st of August, the plaintiff on that day sent notice to the defendant, who lived a mile and a half off, that he should begin to reap on the 24th, or as soonĪfter as the weather would permit and in fact he began on the 24th, and contiued reaping till the was finished in about a fortnight. THIS was an action on the case brought by the oc- cupier of a farm against the lessee of the great tithes under the warden and fellows of the collegiate church of Manchester, for not taking away the tithes of corn in Gorton parish, alleged to be duly and proper- ly set out. Immediately into large shocks or riders, consisting of 8 sheaves set up on their ends against each other, with two covering sheaves placed roofwise on the top, for the purpose of protecting the whole against bad weather from which shocks the ioth sheaves were afterwards drawn, without taking the rest of the shock to pieces and the rest of the wheat shocks were removed from the ground in two hours, and the oat shocks in half an hour afterwards : for the parson thereby has no reasonable opportunity of comparing the loth with the other 9 sheaves, as he is entitled to have: but the corn ought to be tithed in the sheaf before it Corn being titheable of common right in the sheaf, it is not competent ( or the farmer, without a custom, after a general notice to the parson that he should be- gin to reap on a ccrtain day, or as soon after as the weather would permit ( and in fact the reaping con- tinued for about a fortnight) but before tithing, to put all the sheaves when bound from the Term Reports, COURT OF KING'S BENCH. v j ue Published by Auth0rity and Police Gazette.
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