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2. Of Agreement as to Tithe, Composition, Notice, &c.

A real composition is, when an agreement is made between the owner of the lands and the Parson or Vicar, with the consent of the Ordinary or Patron, that such lands shall be discharged from payment of tithes by reason of some land or other real recompense given to the Parson in lieu and satisfaction thereof. 2 Inst. 490. Regist. 38. 13 Rep. 40. And it cannot now be established without evidence of the actual existence of the deed by which it was created 3 Bro. C. R. 217.

With regard to compositions entered into between the tithe-owner and any parishioner for the latter to retain the tithe of his own estate, it has- been. decided, that they are analogous to leases from year to year between landlord and tenant; and, if they are paid without or beyond an agreement for a limited time, they cannot be put an end to without, six months notice before the time of payment; and the parishioner may avail himself of the defect of notice, at the same time that he controverts the: right of the incumbent to receive tithe in kind; an objection not permitted to a tenant, who deities the right of his landlord. 2 Bro. C. R. 161.

A Rector AGREES with a parishioner for his tithes for a certain sum payable at Michaelmas, the Rector dies in the beginning of September, the agreement determining by the death of the Parson, 122the successor shall be intitled to tithes in kind only from the death, and the executor of the late incumbent to a proportion according to the agreement till the time of his testator’s death. Bunb. 294. 2 Gwill. 703.

A parole agreement by the Parson with a parishioner, to retain his tithes for three years is good. 2 Gwill. 611. 744. vide Hilton. v. Heath. 3 Gwill. 845.

An agreement or composition between an incumbent and his parishioners, for the acceptance of land in lieu of tithes, or for a certain pecuniary compensation, will not bind his successor, tho’ ratified by a decree in equity. 3 Gwill. 914. 1001. 1199.

But if the successor, on coming to the living, accept the composition, that will amount to a confirmation, and then he must give notice. 3 Gwill. 1001.

An agreement by deed between the Vicar and the Patron, with the consent of the Ordinary and the inhabitants of a ville within a parish, to pay 6l. in lieu of all tithes arising within the ville, tho’ acquiesced in for 100 years, is not binding on the successor of the Vicar. Id. 1060.

Where the lessee of tithes agreed with the owner of lands, for certain collateral considerations not to take tithes in kind from the tenants for 12 years, but to accept a reasonable compensation, not exceeding 3s. 6d. per annum, and thereto bound him and his successors. This agreement was held void, from the uncertainty of the sum to be paid, and the under-lessee who sued the tenant of the land for tithes in kind, had a decree. 4 Gwill. 1418.

To a libel in the Spiritual Court for tithes, the Occupier may plead a parole agreement with the Parson’s agent for the purchase of them, and a 123tender of the money, and if such plea be rejected, a prohibition will be granted. 3 Gwill. 926.

As to NOTICES, it is, to be observed, that the Lord Chancellor seemed to think, that the rule between landlord and tenant, ought to be adopted with respect to notice of the determination of a composition. 4 Gwill. 1323.

A notice too late to determine a composition from year to year, will not serve for the succeeding year. Id. 1321.

A defendant may object to want of sufficient notice to determine a composition, though he insist upon it also as a modus. Id. 1412.

Notice given in the month of January is not sufficient to determine a composition running from Michaelmas to Michaelmas, so as to entitle the Parson to tithes in kind for the current year. 3 Gwill. 985.

A notice on the 8th September to determine a composition for tithes from year to year, as from the Michaelmas following, for the ensuing year, is not sufficient. Id. 1204.

When a composition is payable at Christmas, notice any time before Christmas for the succeeding year, is sufficient. Id. 1030.

If a composition for tithes be made by A. as proprietor, and he lease them to B. whose interest is afterwards put an end to by A. before any alteration is made in the composition, A. cannot determine it without 6 months notice. 4 Gwill. 1517.

Where a Parson entered into written agreement with his parishioners to compound for their tithes for three years, and after the expiration of the three years, continued to take the composition for several years, it was held, that notice given only three weeks before hop-picking time, that he should take the tithe in kind, was not sufficient. 2 Gwill. 612.

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