See SETTLEMENT, 2. 6. 9. 11. 12. 14.

TITHES.

By 7 & 8 W. 3. c. 6, a summary remedy is given before two Justices for the recovery of small tithes, under the value of 40s. [increased to 10l. by 53 Geo. 3. c. 127. s. 3.]; by s. 7, which gives an appeal to the Sessions, the certiorari is taken away, "unless the title of the tithes should be in question;" and by s. 8, if any person complained against for subtracting tithes, should insist before two Justices, upon any prescription, composition, or modus decimandi, agreement or title, in or der to free himself from the tithes claimed, and deliver the same in writing to the Justices, subscribed by him, and should give the party complaining security, to the satisfaction of the Justices, to pay all costs and damages, as upon a trial at law, to be had for that purpose in any superior court, should be given against him; in case the prescription, &c. should not upon such trial be allowed, in such case the Justices should forbear to give any judgment of the matter, and the party complaining should be at liberty to prosecute him for the subtraction in any Court in which he might have sued before the act. Quare, whether by this act the Justices have jurisdiction to try a modus decimundi? At all events, where, after summons and appearance, two Justices made an order under this statute upon a defendant to pay the value of certain small tithes, and upon the trial of an appeal against the order, the defendant then, for the first time, offered evidence of a modus decimandi, which was rejected:-Held, that the Sessions did right, and that if the defendant meant to avail himself of a modus

To support a claim of toll traverse, a special consideration need not be shewn. Where to trespass for distraining goods brought to the market of F. for tolls due in respect thereof, the defendant justified the distress by shewing a prescriptive right as lord of the manor of F. of which the town of F. formed a part, to take a certain reasonable toll for goods brought within the town for the purpose of being there delivered, and in fact delivered, and averred certain special considerations for taking the toll, to which the plaintiff was no party :-Held, after verdict, that the prescriptive right of soil in the manor, (the toll being coeval therewith) was a sufficient general consideration for the toll, as a toll traverse, the plaintiff having brought and delivered goods within the manor. Rickards v. Bennett, 4 G. 4. 262

See MANDAMUS, 2.

TRESPASS.

Where the plaintiffs, who were employed as contractors, to complete a navigable canal, had erected a dam composed of piles of earth, with the consent of the owner of the soil:Held, that they might maintain trespass against the defendant for breaking and destroying the same, and that case would not lie. Dyson and another v. Collick and others, 3 G. 4.

7

See JUSTICE OF PEACE, 2.-MANDAMUS, 2.-PRISONER.-TOLL.

TROVER.

See PAWNBROKER.

TURNPIKE.

See MANDAMUS, 2.

UNDERWOOD.

See POOR RATE, 1.

WAGES.