| Description | Case with opinion of John Madocks, Lincoln's Inn
Whether the Curate of Hackness (including Harwooddale Chapel) is entitled to tithes in kind arising in Harwooddale, Harwood and Hingles, or only to the stipend and composition that has usually been paid to the Curate of the Chapel
And if the Curate should take any steps to compel payment of the tithes in kind, will it be proper for the committees of the Marquess of Annandale, a lunatic, to submit thereto or contest the same
Opinion:
Sir Thomas P Hoby was Improprietor of Rectory of Hackness and entitled to all tithes in the parish. The Marquess now stands in place of Sir Thomas and would have been entitled to all tithes arising on lands in the parish in kind, but that Sir Thomas built a chapel at Hackness and endowed it or benefit of chaplain with value of tithes in Harwood Dale, Harwood and Hingles or tithes in kind at pleasure of Sir Thomas Hoby
So the tenants must answer their tithes in kind or composition in lieu thereof either to the Marquess or to the chaplain
Question therefore between the Marquess and his chaplain. The former may either take the tithes in kind and pay the chaplain the value or to have nothing to do with the tithes and let the chaplain take them
20. Copy of Mr Maddock's Revisal of Tithe Opinion 1776 |