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4. Of Setting out Tithes.

It is a common opinion, that the parishioners are obliged to give the Parson notice of setting out their tithes; ’tis true the canon Iaw obliged them to do. so, but. it is otherwise by the common law, which prevails in this case; for if the parishioner sets out his tithes truly, he is not bound to give notice, either to the Parson himself, or any other general notice at the Church. But notice is sometimes required by special custom, in which case it is good, and must be complied with. And where the tithes are not removed in a reasonable time, notice must be given before an action can be maintained, or cattle turned in. 1 Rol. Abr. 643. pl. 1. 2 Vent. 48. 2 Alk. 603. 2 Bl. Rep. 968.

When custom, renders notice necessary, an hour’s notice is sufficient. 4 Gwill. 1438.

Where by the usual mode of husbandry, clover hay is not made into cocks at all, the tithe may be set out in the swathe. 2 Aust. 481.

By Stat. 2. and 3 Ed. 6. All manner of predial tithe shall be set out, divided and paid, justly without guile, in such manner as hath been of right used for 40 years past. And it shall be lawful for any to whom tithes are due to, or his servant, to see his tithes truly set forth, and severed from the nine parts, and the same to take and carry away.

For further particulars on this head, see the several articles in the following alphabetical arrangement.

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