The Reverend Frederick Master, Clerk v Acton Fletcher, William Banks, John Prescott, Samuel Beycroft, James Ditchfield, Sir Richard Brooke, Bart, Joseph Saunders, John Balmer, Peter Hatton, Thomas Banner, and the Reverend Robert Fletcher, Clerk, and the Dean and Chapter of Christ Church, Oxford
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 1830 |
| Date | 03 November 1830 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 891
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
[25] the reverend frederick masters, Clerk v. acton fletcher, william banks, john prescott, samuel beycroft, james ditchfield, sir richard brooke, bart, joseph saunders, john balmer, peter hatton, thomas banner, and the reverend robert fletcher, Clerk, and the dean and chapter op christ church, oxford. Nov. 4th, 5th, llth, 12th, 24th, 25th, Dec 9th, 1829, Nov. 3rd, 1830.-A vicar, unable to produce an endowment, has to support his claim by secondary evidence, and if that secondary evidence furnishes a ground for inferring that the missing endowment contained a gift to the vicar of all small tithes, there are authorities for decreeing to him not only the tithes which have actually been leceived by him, but all other tithes of that class, either neglected or of modern introduction. The cases in which the iufeience hue been made, have been, generally, cases in which the viciir has leceived the whole small tithes actually rendered, and in which it did not appear that any other person had received any tithes of that class Such a usage has been supposed to warrant the presumption that the endowment bestowed upon the vicar all small tithes, in general words -The intention of the Ecclesiastical Survey was to ascertain the value and amount of the living, the particular sources from whence that amount came being but a secondary object, and the expressions therefore upon the latter point are equivocal, and capable of receiving any construction, from contemporaneous and collateral documents and usage. And, therefore, where the Ecclesiastical Survey, after enumerating certain tithes, stated the vicarage to be worth a specified sum in decimis minutis et oblatiombus, but collateral documents and usage shewed, that the vicar had not received all small tithes, but only some species of small tithes, and the other small tithes had been received by the rector and his lessee : the Court held, that the vicar was not entitled to all the small tithes, contrary to Cunliffe, v. Taylor, 2 Price, 329. Bill by the vicar of Runcorn, in the county of Chester, and, as such vicar, claiming to be entitled to all small tithes, throughout the parish, except the tithes of pigs and geese, in some districts of the parish, and particularly claiming to be entitled to the tithes of hay, milk, calves, lambs, and wool, potatoes, arid turnips, and agistment, within the parish, and to all tithes, both great and small, within the township of Weston, hi the said parish The bill stated, that the parish of Runcoin was divided into several districts or townships, and amongst others, the townships or districts of Weston, Upper Runcorn and Lower Runcorn, Hatton, Thelwall Norton, Halton, Acton Grange, Aston, and Daresbury. That, from July, 1816, the defendants, Fletcher and Banks, had occupied lands within the township of Weston, and parish of Runcorn. That the defendant, Prescott, had occupied lands in the [26] townships of Upper and Lower Runcorn. That the defendant, Samuel Beycroft, had occupied lands within the township of (a) See 3 Younge & Jervis, 264, 381. 892 masters v. fletcher you. 27. Hitton. That the defendant, James Ditchfield, had occupied lands in the township of Thelwall. That the defendaut, Sir Richard Brooke, had occupied lands within the township of Norton. That the defendant, Joseph Saundera, had occupied lands in the township of Halton. That the defendant, John Balnier, had occupied lands in the township oi Acton Grange. That the defendant, Peter Hatton, had occupied lands iu the township of Aston. And the defendant, Thomas Banner, had occupied lands iu the township of Daresbury. The bilt claimed from the defendants, Fletcher and Banks, tithes of hay, clover, and other grass, calves, milk, lambs, wool, tuinips, and agistment, and from all the other defendants, tithes of calvts, milk, lambs, wool, agistment, turnips, and potatoes. The bill suggested a pretence on the pait of the defendants, that the defendant, the Resv. Robert Fletcher, who was the ourate of the chapel of Daresbury, within the parish, was entitled to the tithes, subtracted fiom the plaintiff, through some of the townships; and that, with respect to the residue of &uch tithes, the dean and chapter of Christ Church, Oxford, as rector of the parish, or the defendant, Sir Richard Brooke, as their lessee, was entitled to the same. The bill, among other charges, contained a charge, that it appeared by the leases from time to time granted by the dean and chapter, of the tithes belonging to the rectory, that the seveial species of tithes claimed by the bill did not belong to the rectory, and that the dean and chapter never had received or been entitled to leceive, as lectois of the parish, any other tithes than those demised to Sir Richard Brooke, and that it had been lately decided in this Court, in a cause intituled Cunhffe v Rea, that the said Sir Richard Brooke was not entitled, under the said lease, to the tithes of potatoes. [27] The defendant, Sir Richard Brooke, by his answer, admitted the plaintiff to be vicar, but stated his belief that no endowment was to be found, though there were terriers and other documents i elating to the rights of the rector, and of the vicar, and he put the vicar to the proof of his right to the tithes claimed by the bill. He admitted the division of the parish into townships, and his occupation of lands in the township of Norton, and his perception of titheable matters. That the tithes of pigs and geese throughout the whole parish, except the township of Weston, were received by the defendant as lessee of the impropriate rectory. That the lauds in his occupation in the township of Norton were part of the lands in the terrieis called the demesnes of Sir Richard Brooke, and that the plaintiff, as vicar of the palish, was not entitled to the tithes of wool and lamb upon the said demesne. The defendant then set up a modus of 4d. payable at Midsummer-day, for every calf fallen within the township of Norton, within the year preceding, in lieu of the tithes of ealves. That the impropriate rectory belonged to the dean and chapter of Christ Church, under whom the defendant was lessee of the same, with certain exceptions; and that, during the defendant's minority, a suit was instituted by his trustees and guardians, in their own and his name, in this Court, against the then vicar, and certain occupiers, for the tithe of potatoes, but which suit was dismissed at the hearing, it having been considered by the Court, as the defendant believed, that the defendant had not made out his title to the tithe of potatoes within the parish, by reason of the exception in the lease of the rectory , but that it was, for some time, erroneously considered in the parish, thai the Court had determined in the said cause that the tithe of potatoes within the parish belonged to the vicar, and, in consequence thereof, the defendant and other occupiers of lands within the parish, [28] accounted with the plaintiff for the-tithe ol potatoes for some years. The defendant then admitted the conversion of the titheable matters to his own use, and disputed the right of the plaintiff to the tithes of any titheable matters, bad or taken by the defendant on his lands, except the tithes of calves, upon the footing of the said modus. And the defendant claimed, as lessee of the rectory, the tithes of all titheable matters and things, great and small, in and throughout the paush, except the tithes belonging to the rectory, which were excepted out of the lease from the dean and chapter, and except also the tithes of calves, on the footing of such modus. The defendants, Fletcher and Banks, the only occupiers in Weston, did not appear at the hearing, and the plaintiff took a decree nisi against them It is therefore tinnecessary to state the nature of their defence The defendants, the occupiers in the several other townships, put in answers to nearly the same effect as the answer of Sir Richard Brooke, so far as respected the OU. J9. MASTERS V. FLETCHER title of the vicar to the tithes claimed by the bill. They also set up the following moduses as payable by the occupiers of lands within the said several townships on Midsummer-day, viz 4d. for eveiy calf fallen upon the lands of such occupiers respectively, within the year preceding, in lieu of the tithes of calves ; Id for every fleece of wool had and shorn upon the lands of such occupiers respectively, within the year preceding, in lieu of the tithes of wool, and 3d. for every lamb yeaned upon the lands of such occupiers respectively, in lieu of the tithes of such lambs. The defendants also stated, that within the paiish of Rancor n, there was a chapelry, called Daresbury Chapelry, the boundaries of which were well known, and within which the township of Acton Grange lay, and that the vicar was not entitled to any tithes or payments for tithes within the [29] chapehy , but that such tithes, and payments for tithes, as did not belong to the impropuate rectory, and were of the nature of vicarial tithes within the said chapelry, belonged to the curate of the chapelry. And they believed that there was payable to the curate of the chapelry of Daresbury, for the time beiag, by the occupiers of lands within the township of Acton Grange, on Midsummer-day, a modus of 6d. for every milch cow having a calf within the year preceding, called a calving cow , and 3d for every milch cow, not having a calf within the year preceding, called a barren cow, fed and depastured upon the lands of such occupiers, in lieu of the tithes of the milk of such cows The defendants then stated their...
To continue reading
Request your trial
-
Mr Nopporn Suppipat v Mr Nop Narongdej
...Mr Suppipat alleged: “I remember this moment vividly because it was so disgusting, and I said: okay, maybe 25% is not enough for you, 25% of my future net worth, what do you want, do you want 30? And then he paused for a few second and then he said, he shook his head and said no. Oh, you wa......
-
AFU v R
...denials to the police, I am not prepared to give you that much. But in the very unusual circumstances of your case, I am prepared to give you 25%. So, I reduce the sentence in your case to 22 months' imprisonment.” Fresh evidence and subsequent events 17 The applicant seeks leave pursuant t......
-
Tele2 International Card Company SA and Others v Post Office Ltd
...of the Post Office. The e-mail said:- “ attach a copy of spreadsheet that hopefully Johnny showed you. In summary this shows that if I pay you 25% of final expiry this equates to 50% of “excess profit”. Please confirm your agreement and I will get a cheque raised.” 263195. The spreadsheet a......
-
Imran Kanval v Rizwan Kanval
...has he given you? Abid: How much has he given you, everyone knows what everyone share is. Urfan: Ok I got 25 then Javaid: You got 25, he gave you 25 …… Imran: He gave you 25000 for your investment apparently, yeh Javaid: Of this house? Urfan: How much did he give you? Imran: Me, he gave 65 ......
-
Strategies For Wealth Management In Retirement - Part 4
...is generated. Remember, you are looking for income not just for this month, this quarter or this year. Your income will probably have to last you 25 or 30 years and so you need to ask your adviser this follow up question, not just buy on the headline Don't measure your income against bank i......
-
Lawyers: When Are You Marketing?
...wrote: Marketing is about spreading ideas, and spreading ideas is the single most important output of our civilization. I want to provide you 25 examples of when you are marketing that you may easily miss. You are marketing, when: When you decide what to wear to work. When you decide what ......
-
The Rosenbaum Law Firm Review - April 2015 #2
...click here. Retirement Plan Sponsors Need To Care About Plan Design. They should care. If you had your eyes set on a car and one model gave you 25 miles to the gallon and other model gave you 45 with no difference in features or price, what would you choose? If you can find a coupon for ite......
-
What Is Man As A Whole Under Illinois Workers’ Compensation Law?
...worth 200 weeks of benefits. So if your leg got cut off, you’d receive 200 weeks of benefits. If you had a surgery and an Arbitrator awarded you 25% loss of the leg, you’d get 50 weeks of benefits even if you can walk. There is no loss of use of the back or neck or head. They are all groupe......
-
Defending and Responding in General
...the others, provides a comprehensive “step-by-step” list designed to guarantee that you will hit all of the shields that are available to you. 25 For time limits generally, see supra: Requests for Admissions (Federal: §5.41); Interrogatories (Federal: §6.41; State: §6.42); Notices for Produ......
-
Appeals council
...whatever you can to avoid finding yourself in this position. The Appeals Council’s practice of granting extensions by form letter that gives you 25 days from the date of the letter, creates both an opportunity and a problem. It creates an opportunity for a longer extension than you request.......
-
On-site recordings
...or unfortunately, depending upon your bent, when government informers wear a “wire” or “bug,” the taped result can be used against you. 25 Keep in mind, however, that if taped conversations are being o൵ered to prove the truth of the matters asserted in the conversation, hearsay problems wil......
-
On-Site Recordings
...or unfortunately, depending upon your bent, when government informers wear a “wire” or “bug,” the taped result can be used against you. 25 Keep in mind, however, that if taped conversations are being offered to prove the truth of the matters asserted in the conversation, hearsay problems wi......
-
Master Franchise Agreement
...to Cure 23 10.3 Termination with Notice and Opportunity to Cure 24 10.4 Cross-Default 24 10.5 Our Right to Discontinue Services to You 25 10.6 Termination of This Agreement by You 25 10.7 Without Prejudice 25 10.8 Amendment Pursuant to Applicable Law 25 11. OBLIGATIONS UPON TERMINATION OR E......
-
Amended U.S. Individual Income Tax Return
...(decrease) C. Correct number 24 Reserved for future use . . . . . . . . . . . . . . . . 24 25 Your dependent children who lived with you . . . . . . . . . 25 26 Your dependent children who didn’t live with you due to divorce or separation . . . . . . . . . . . . . . . . . . . . 26 27 Other ......
-
Chapter 1024, HB 418 – Relating to protective orders for family violence; providing penalties
...can enter an order that: 25-23 "(1) the abuser not commit further acts of violence; 25-24 "(2) the abuser not threaten, harass, or contact you 25-25 at 25-26 "(3) directs the abuser to leave your household; and 25-27 "(4) establishes temporary custody of the children and 26-1 directs the ab......