contain. citation shall also contain an intimation to the party, that Citation what to whether he shall appear at the time and place appointed thereby, or shall contumaciously absent himself, the judge of said court will proceed in a summary way to hear and finally determine such cause upon the day assigned by such citation. Provided that the time assigned for the appearance of the party shall not be sooner than 30 days after the date of such citation; and that the same shall be served, together with such copy of such petition, within 3 days after the date of such citation, in such manner as citations are usually served in other cases in said courts; and upon the return of such citation and Proceeding intimation, and due proof made of the service thereof, thercon. with such copy of such petition, &c. by oath in writing on the back of such citation, or annexed thereto, sworn before the judge of the court from whence the same issued, it shall be lawful for the judge thereon to proceed, in a summary way, to hear such cause by examination of witnesses viva voce, and such other legal proofs as shall be offered on behalf of either of the parties, and to give final sentences either in presence of the party so cited, &c. or his proctor, if he shall appear, or in pain of his contumacy, in case he shall absent himself, and to adjudge costs to the party who shall prevail in such suit not exceeding £1. 6s. 8d. And by s. 5. it shall be lawful to exhibit such petition, &c. without the subscription of an advocate or proctor; and no exception shall be admitted to any such petition, &c. for any defect in form; and either of the parties may appear in such causes without any proctor; and the respective judges and registers shall receive such appearances, and such proofs as shall be offered, and finally determine such causes in the most summary manner without any regard to the formality of the proceedings, and regarding only the justice of the case: And such judges or registers shall not receive any fees from either of the parties in such suits for predial tithes ; but in lieu of such fees, it shall be lawful for the ordinaries of every diocess to grant such sum out of their proxies due to them, at their annual visitation, to the judge and register, as they shall think reasonable. Provided (s. 7.) that all persons may $.5. Subscription of advocate, &c. and other forms dispensed with. s. 7. ecclesiasticil court as before. 5. 6. Appeals from may appeal from such sentences in such ecclesiastical courts, upon such terms, and in such manner, as they might have done since the 33 Hen. 8. st. 1. c. 12. Ir, And by s. 6. no attachment or committal shall be made by justices of the peace pursuant to the 33 Hen. 8. st. 1, c. 12. Ir. ; but where any person condemned in any sum of money for predial tithes, or costs of suit, shall sd for by ctil refuse or neglect, after service of a monition from the On refusal to pay 15 days after service of monition, the money decreed sued bill. court where such sentence shall be given, and proof made upon oath of the due service thereof, by the space of 15 days after such service, to pay such sum as shall be so decreed, it shall be lawful for the party obtaining such sentence, his executors or administrators, to sue for the money so decreed by civil bill, to be brought in the county where the party against whom such sentence was *Pide page 65. pronounced shall reside, [*so as the same do not exceed £.20]; and a true copy of such monition, under the seal of the court from whence the same issued, and proof upon oath of the due service thereof 15 days before the hearing of such civil bill, shall be conclusive evidence of the sum due; and the party obtaining a decree in such suit shall be entitled to execution, process, and usual costs of civil bills. Provided (s. 8.) that if it shall appear that the matter is of ecclesiastical cognizance, any defendant Defendant to sued by civil bili under this act may give in evidence any give in evidence matter subsequent to the sentence in the ecclesiastical court, which may be sufficient, in law or equity, to discharge him of the whole or any part of the sum decreed against him by said sentence. And by s. 9. the said court shall be a court of equity to the defendant, so as to plaintiff or proc- enable him to examine the plaintiff, or his proctor, &c. S.. S, civil bill may matter subse quent to sentence. 8. 9. And examine pr. s. 10. upon oath, upon giving reasonable notice to the plaintiff or his proctor, that such attendance is required at the hearing of such civil bill. And provided (s. 10.) that nothing herein shall give or confirm a right in the incumbent to any species of tithes to which he is not already 55Gen. 3. c.32. entitled. By the 35 Geo. 3. c. 32. s. 2. Ir. all persons Proviso. 2. Ir. Ths act (s. 16.) provides that no proctor in the spiritual courts in any diocess shall be a tithe farmer, or take any tithes, except of such lands of which he is proprietor or occupier. who who shall sue for predial tithes, whether they be ecclesi- All persons suastical or lay persons, and whether they sue in their own ing for predial tithes, to proright, or by titles derived from others, or for the use of ceed as by others, may proceed in such suit in the manner prescribed by the 7 Geo. 3. c. 21. supra. 7 Geo. 3. c. 21. recover tithes from quakers. s. 4. Eng. car, farmer, or 7 Geo.3. c. 21. By the 7 & 8 W. 3. c. 34. s. 4. Eng. as amended by Proceeding to the 1 Geo. 1. st. 2. c. 6. s. 2. Eng. where any quaker shall refuse to pay or compound for his great or small 7&8 W.3.c.34. tithes, or to pay any church rates, or any customary or other rights, dues, or payments, belonging to any church c. 6. s. 2. Eng. or chapel, any 2 justices of peace, of the same county or place, (other than such justice as is patron of such church, &c. or any ways interested in the said tithes) upon complaint of any parson, vicar, [*curate, farmer, or pro-Rector, vi prietor of tithes, church-warden or chapel-warden,] or proprietor of other person who ought to have, receive, or collect tits," in the same, shall summon in writing by warrant under Ir. their hands and seals, by reasonable warning, such quaker, and after his appearance, or upon default of appearance, the said warning or summons being proved before them upon oath, examine upon oath, [tor in such manner as by this act is provided, viz. upon affirmation] the truth of said complaint, and ascertain what is due by not in 7 such quaker to the party complaining, and by order under their hands and seals direct the payment thereof, so as the sum ordered do not exceed £10.; [tand such costs as shall be reasonable, not exceeding 10s.] and [fany +"sn'd jusfices," n one of said justices] may, by his warrant, levy such money 7 Geo. 3. c. 21. by distress, &c. and any person aggrieved may appeal to the next quarter sessions;] and if the justices shall continue the said first judgment, they shall give reasonable costs against the appellant, to be levied by distress, &c: [and no proceedings had by virtue of this act shall be removed by certiorari, or other writ, unless the title of such tithes shall be in question.] Provided (s. 5.) that in The 7 Geo. 3. c. 21. Ir. here adds "such distress, if not redeemed, to be sold by public cant at the next market town, the person distraining first causing notice in writing to be posted up 4 days previous to such sale." This clause is not in 7 Geo. 3, c. 21. Ir. but this act provides, that nothing berein shall give any remedy to any rector, vicar, or proprietor of tithes, for the recovery of any tithes to which he is not entitled by law or custom. Geo. 3. c. 21. Ir. "next goassize" in ing judges of 7 Geo. 3. c.21. Ir. in case any appeal be made, no warrant of distress shall be granted until after such appeal be determined. The 7 Geo. 3. c. 21. Geo. 3. c. 21. s. 11. 12 & 13. Ir. has followed these statutes with such deviation as is noted in the margin. s.11.12&13. Ir. Small tithes not exceeding 40s. how recovered. dues," in tr. 8. 2. For the more easy recovery of small tithes, where the same do not amount to above the yearly value of 40s. 7 & 8 W.3.c.6. from any one person; the 7 & 8 W. 3. c. 6. s. 1. Eng. s. 1. Eng. provides, that every person shall truly set out and pay ail small tithes and compositions for the same, with all offer"and other ings, [*oblations, and obventions,] to the rectors, vicars, ecclesiastical and other persons, to whom they shall be due, according 1 Geo. 2. c. 12. to the rights, customs, and prescriptions, used within the several parishes; and if any person shall subtract, or fail in the payment of such small tithes, &c. 20 days after demand, the person's to whom the same shall be due, may make their complaint in writing unto 2 justices of peace within the county, &c. where the same shall grow due; [tneither of which justices is to be patron of the church or chapel whence the tithes arise, nor interested in such tithes, &c.] And by s. 2. said justices shall summon in writing under their hands and seals, [‡by reasoneeding of jus- able warning,] every person against whom such complaint shall be made; and after his appearance, or upon default the said summons being proved upon oath, appearance, 1 Geo. 2. c. 12. the justices, or any 2 of them, shall hear the complaint, and upon the proofs, shall, in writing, &c adjudge the case, and give such compensation for such tithes, &c. as they shall judge reasonable, and also costs not exceeding 10s. By ́s. 3. if any person shall neglect, by 10 days after notice, to pay any such sum as shall be so adjudged, the constables and church-wardens of the parish, or one of them, shall, by warrant of the said justices, distrain the goods of the party, and, after detaining them 3 days, in case the sum adjudged, together with reasonable charges, be not paid, shall make public sale of the Summary pro tices. 1" by giving 4 days notice" in of 8. 3. Adjudication enforced by dis tress and sale. same + Instead of the words within these crotchets, the 1 Geo. 2. c. 12. s. 2. Ir. provides, that no such justice shall be qualified, who shall not have a freehold estate of the yearly value of £100. (except in counties of cities and counties of towns) and who shall not be resident in the county, &c. where the tithes, &c. shall arise, or who shall be patron of the church or chapel in right of which the tithes, &c. are demanded, or who shall be any ways interested in such tithes, &c. or who shall be a clergyman in holy orders. of the s. 10. Remedy where levying persons remove out of county, ment. Justices to ad s. 12. 5. 6. No complaint to years. same, &c. By s. 10. if any person against whom judgment shall be had, shall remove out county, &c. after judgment, and before the of the sum, the justices who made the judgment, or one &c. after judg of them, shall certify the same, under hand and seal, to any justice of peace of such other county wherein the person shall be inhabitant; which justice shall, by warrant directed to the constables or church-wardens of the place, or one of them, levy the sum adjudged upon the goods of such person. By s. 4. it shall be lawful s. 4. for all justices of peace, in the examination of all matters offered to them by this act, to administer an minister an oath. oath to any witness., And by s. 12. they shall have power to give costs not exceeding 10s. to the party pro- Justices may secuted, if they find the complaint false and vexatious; give 10s. costs. which costs shall be levied in manner aforesaid. By s. 6. no complaint concerning any small tithes, &c. shall be determined by justices of peace, unless the complaint be made within 2 years after the same tithes, &c. become be heard unless due. And by s. 8. where any person complained of for made within 2 subtracting small tithes, &c. shall before the justices s. 8. insist upon any prescription, composition or modus, agreement, or title, and deliver the same to the justices plemed of insubscribed by him, and shall then give to the party com- sisting on complaining security, to the satisfaction of the justices, to justices are to pay all such costs and damages as upon a trial at law shall proceed. be given against him, in case the said prescription, &c. shall not be allowed; the justices shall forbear to give judgment in the matter, and the persons complaining shall be at liberty to prosecute such persons for their subtraction in any other court. By s. 9. every person who shall by virtue of this act obtain any judgment, or against. whom any judgment shall be obtained, before any justice inrolled at the of peace out of sessions, shall cause the same to be in- next sessions by rolled at the next quarter sessions; and the clerk of the the peace,. peace shall upon tender thereof, inroll the same: and shall not ask for the inrolment of any such judgment any fee exceeding 1s; and the judgment so inrolled, and satisfaction of the sum adjudged, shall be a bar to any other remedy for the said small tithes, &c. But it is provided (s. 7.) Persons com position, how s. 9. Judgment to be the clerks of |