Lodge v Creaghe and Others

• Jurisdiction: Ireland
• Judgment Date: 16 April 1839
• Date: 16 April 1839
• Court: Exchequer of Pleas (Ireland)

EXCHEQUER OF PLEAS.

LODGE

and

CREAGHE and others.

Jones v. Waller 1 Jones's Ex. Rep. 300.

Cassamajor v. StrodeENR 5 Sim. 87.

The King v. The Justices of Leicester 7 B. & Cr. 12.

Rann v. Green Cowp. 476.

Davison v. GillENR 1 East. 71.

M'Loughlin v. Galbraith 2 H. & B. 533.

Bradshwaw, Appellant v. Stannus, Respondent 5 Law Rec. 2 Ser. 191.

Ashe v. Locke Crawf. & Dix. 14

TITHE COMPOSITION CERTIFICATE, FORM OF.

EASTER TERM, SECOND VICTORIA. 315 Tuesday, April 16th. TITHE COMPOSITION-CERTIFICATE, FORM OF. LODGE 27. CREAOHE and others. Action of debt for five years' tithe composition, due to the plaintiff as rector of the parish of Rathsaran, in the Queen's county. The case was tried before the late Lord Chief Baron, at the sittings after MichaelÂÂmas Term, 1837. Besides proof of the plaintiff's induction as clergyÂÂman, it was proved that he had acted as the officiating minister of the parish for several years, and as such, had received the tithes, which, it appeared, had not been claimed or demanded by any other person. The defendants were proved to have been in occupation of the lands menÂÂtioned in the Applotment Book, and in respect of which the plainÂÂtiff sought to recover the composition, during the entire period comÂÂprised in the plaintiff's claim. The certificate of composition, produced and proved, was in the following form : " We, Peter Roe and Thomas White, commissioners, duly appointed " and sworn, under and by virtue of an act made in the 4th year of the "reign of King Geo. 4, entitled" (stating the title of the act), "to asÂÂ" certain and fix a true and just composition for all tithes arising, growÂÂ" ing, yielded, or payable within the parish of Rathsaran in the Queen's " county, do hereby certify, that the true and just amount of composi tion for all tithes whatsoever, within the said parish, is 130 British " currency by the year :-and we do further certify that the average price "of wheat, being the corn principally grown in this country for a period " of seven years, ending on the 31st December, 1821, is 20s. per barrel." "Dated this 24th day of April, 1826. " PETER ROE, 1 Commis- "THOMAS WHITE, sioners " Defendants' counsel objected to the certificate, inasmuch as it did not state to whom any portion of the tithe composition was payable, nor did it name or decribe the clergyman. The Chief Baron reserved the quesÂÂtion as to the validity of the certificate for the court. An objection was also taken at the trial to...