[Imperfect terriers, signed by churchwardens only, are now uniformly received in evidence, being signed by persons uninterested, whose duty it was officially to sign them. (2) Wood B. has explained this rule as only applying where they concern the parish generally. (3) In Mytton v. Hains (3) it was held, that old terriers recording that tithe of hay is payable in kind, signed by rector, churchwardens, overseers, and some of the resident parishioners, are good evidence to rebut the presumption of a farm modus attempted to be established by proof of a money payment having been uniformly rendered within living memory, and in the absence even of reputation that the tithe had ever been taken in kind; and that although such terriers are not proved to have been signed by any person interested in the farm. But Wood B. differed on this point, saying they ought to have been signed by some of the persons from whom the land owner derived title: that they would certainly not be admitted as against a rector or vicar, unless signed by them or some of their predecessors (4); and that the signature of other parishioners could not make a terrier admissible to affect a farm modus.]

Form of a terrier.

A true note and terrier of all the glebes, lands, meadows, gardens, orchards, houses, stocks, implements, tenements, portions of tithes, and other rights, belonging to the vicarage and parish church of Orton, otherwise Overton, in the county of Westmoreland, and diocese of Carlisle, now in the use and possession of Richard Burn, clerk, vicar of the said church; taken, made, and renewed according to the old evidences and knowledge of the ancient inhabitants, this tenth day of November, in the year of our Lord one thousand seven hundred and forty nine, by the appointment of the right reverend father in God Richard lord bishop of Carlisle, at his primary visitation held at Appleby in the said county, and diocese aforesaid, the eighth day of June in the same year, and exhibited before the reverend and worshipful John Waugh, doctor of laws, chancellor of the aforesaid diocese, on the twentieth day of November in the year aforesaid.

Imprimis. One stated dwelling house, in length fifty-one feet, in breadth nineteen feet, within the walls. One thatched barn,

(2) Illingworth v. Leigh, Gwm. 1615.

(3) Mytton v. Hains, 3 Pri. R. 24. See Bul. N. P. 248. Drake v. Smith, 5 Pri. R. 380.

(4) 3 Pri. 24. Gwm. 1615. is contra; but if signed in absence of the parson it gives it more weight as evidence in his favour. Per Richards C. B. 5 Pri. R. 380.

stable, cow-house, and peat-house, contiguous to each other under the same roof; in length eighty-one feet, in breadth twentyone feet, without the walls. One other little stable, in length thirteen feet, in breadth twelve feet and an half; adjoining to the peat-house at the south-west side and end. Item, The church yard, containing three roods and nineteen perches; adjoining to the grounds of Robert Teasdale on the south, of Richard Alderson on the west and north, and to a close belonging to the said vicarage, called Prior Garth, on the east: The walls and gates thereof round about made by the parish. Item, One inclosure called Prior Garth, containing three roods and seven perches; adjoining to the church-lane on the south, to the church-yard on the west, to the ground of Richard Alderson on the north, and to the highway on the east; through which there lies a footpath from the vicarage-house to the church, but for no other purpose: The wall and hedge on the south, north, and east, made by the [401] vicar; and on the west, where it adjoins to the church-yard, by the parish. Item, One garden, containing one rood and eleven perches; adjoining to the vicarage garth, and to the ends of the barn and of the dwelling-house, on the south; to the highway, on the west and north; and to the said garth, on the east: The fence round about made by the vicar. Item, One parrock, containing twenty-four perches and an half; adjoining to Orton Green on the south, to the highway on the west, to the end of the dwelling-house on the north, and to the vicarage garth on the east The fence round about made by the vicar. Item, One garth, containing one acre, fifteen perches and an half; adjoining to the grounds of John Powley, Daniel Teasdale, and Orton Green on the south; to the said parrock, barn, and garden on the west; to the peat-house end, garden, and highway on the north; and to a close belonging to the said vicarage, called Corn Close, on the east: The fence round about made by the vicar, except that John Powley makes the fence where it adjoins to his ground, and Daniel Teasdale from thence to the bottom of the old lime-kiln; through which garth lies a foot-path for the said John Powley and Daniel Teasdale to and from their said grounds, and likewise a driving way for their sheep; which they frequented whilst the common field was uninclosed, but is now become almost useless. Item, One inclosure, called Corn Close, containing one acre, one rood, and twenty-one perches; adjoining to the said John Powley's lane, and to a place of ground before his barn called a flee-room, and to his garth, on the south; to the vicar's said garth on the west; to the highway on the north; and to the highway and John Powley's lane on the east: The fence all about made by the vicar, except where it adjoins to John Powley's garth and barn. All which said corn, close, garth, garden, and parrock, have been inclosed ground for time imme

morial, and the vicar in respect thereof hath not repaired any part of the highways adjoining thereunto. Opposite to the same, on the north side, is an inclosure made by Daniel Teasdale, about nine years ago, by which the highway was made into a lane. Item, One inclosure called Fore Dale, containing three acres and fifteen perches, adjoining to the grounds of Robert Teasdale and John Nelson on the south, of John Nelson on the west, of John Powley and Robert Teasdale on the north, and of Robert Teasdale on the east: All the fence made by the vicar, except where it adjoins to the said John Nelson's in-croft, and except half the length of the said John Nelson's out-croft, from the middle to the east end the said John Nelson's fence being stone-wall; from the east end of which inclosure lies a way [402] through Robert Teasdale's ground, which the present incumbent purchased of the said Robert Teasdale, to an inclosure belonging to the said vicar (but not to the vicarage,) called Long Roods; which is to continue for ever, and may be of use if at any time hereafter the said two inclosures (Fore Dale and Long Roods) shall be occupied by the same person, or otherwise. Item, One other inclosure, called the Greater Mil-brow, containing one acre, three roods, and seven perches; adjoining to the ground of John Powley on the south, to a tillage way enjoyed and repaired by the said vicar on the west, to the ground of Thomas Ireland on the north, and of John Powley on the east: All the fence made by the vicar, except about sixteen yards of stone wall at the north-east end, belonging to John Powley. Item, One other inclosure, called Little Mil-brow, containing twenty-eight perches; adjoining to the ground of John Powley on the south, of Isabel Atkinson on the west, of Isabel Atkinson and Thomas Ireland on the north, and the said tillage way on the east: The fence all made by the vicar; through the south-west corner of which inclosure is the ancient watercourse. The said three last inclosures were made out of the common field by the present incumbent. Item, One other inclosure called Glebe Close, lying at Firbiggins, containing eight acres and three roods; adjoining to the ground of Elizabeth Turner on the south, of Elizabeth Turner and William Thwaytes on the west, of William Thwaytes on the north, and to the common on the east: The wall at the east end is made by the vicar, at the west end by Elizabeth Turner and William Thwaytes: The right of repairing the fence on the north side, and on the south side is in dispute, and not yet determined. At the end of Elizabeth Turner's house, an oak gate is to be maintained by the owners of Coat Garth; for which they enjoy a liberty of ingress and egress for themselves and families, and liberty of driving cattle in the winter, from Martinmas to Lady-day, doing as little damage as may be; and of passing with peats or other firing in summer. Belonging to

the said glebe close, and occupied therewith, there is likewise a parcel of ground, leading from the said gate at Elizabeth Turner's house-end, north-eastward to the said glebe close, having the wall on the left end, and meted out from Elizabeth Turner's ground on the right, in breadth three yards or upwards, being the way to and through the said glebe close. Item, Another parcel of ground, in the common field, called North Lands, containing two roods and five perches; adjoining to the ground of Robert Teasdale on the south, of John Nelson on the west and north, and of Robert Teasdale on the east. Item, Another parcel of ground in the common field, called Pot-lands Head, containing one rood; adjoining to the ground of Robert Teasdale on the south, of Elizabeth Waller on the west down by the run- [ 403 ] ner, of John Nelson on the north, and of Robert Teasdale on the east. All which said lands, containing in the whole nineteen acres and upwards, are situate within the lordship and manor of Orton, free from the payment of any fines, rents, or services to any chief lord: the royalties of which said lands are also in the vicar. Item, a parcel of peat-moss in Orton low moor, containing by estimation ten acres, known by the name of the Vicar's Moss.

Item, To the said vicarage is also belonging the tithe of wool throughout the parish; and the manner of tithing is this: The owner lays his whole year's produce in five parcels or heaps; the vicar, or person employed by him, chooseth one of the five heaps, which he pleaseth, and divides the same into two parts; of which two parts the owner chooseth one, and leaves the other to the vicar for his tenth part. Item, The tithe of lambs in their proper kind throughout the parish; and the custom concerning them is this: If a person's number is one, he pays a penny; if two, he pays two-pence; if three, he pays three-pence; if four, he pays four-pence; if five, he pays half a lamb; if six, a whole lamb, the vicar paying back four-pence; if seven, three-pence; if eight, two-pence; if nine, one-penny; if ten, the vicar hath a lamb complete: And in like manner for every number above ten. And if a man's number is under fifty, the tithe is taken thus: The owner takes up two, then the vicar takes one; next the owner takes nine, then again the vicar one; and so on till the vicar hath taken the number due to him: if they are fifty, or upwards, they are put into a place together, and run out singly through a hole or gap; the two first that come out are the owner's; the third the vicar's; then the owner hath the next nine; then the vicar one; and so on till the vicar hath his number. And if sheep are sold in the spring, the tithe of lambs is paid by the person with whom they were lambed, whether seller or buyer. Item, The tithe of geese, taken up about Michaelmas, in the same manner as the lambs; except that whereas a penny

is paid on the account of each odd lamb, an halfpenny only is paid for each odd goose. Item, The tithe of pigs in like manner. Item, The tithe of eggs about Easter; two eggs for each old hen and duck, and one egg for each chicken and duck of the first year. Item, By every person who sows hemp, is paid yearly one penny. Item, For each plough is paid yearly one penny. Item, By every person keeping bees is paid yearly one penny. Item, An oblation of four-pence at every churching of women. Item, For every wedding, by publication of banns, one shilling; by licence, ten [404] shillings. Item, For every funeral (without a sermon) six-pence. Item, Mortuaries, according to act of parliament. Item, For every person of age to communicate, three halfpence yearly, due at Easter. Item, A pension of twenty shillings yearly out of the rectory of Sedberg in the county of York. --The glebe, tithes, and profits of the vicarage, are worth at the improved value, communibus annis, about ninety pounds a year.

There is also due to the parish clerk: For every family keeping a separate fire, three pence yearly. For every wedding by publication, or by licence, one shilling. For every funeral, sixpence. For every proclamation in the church-yard, two-pence. To the sexton for making a grave six-pence.

Belonging to the said parish are, first the parish church, an ancient building, containing in length (with the chancel) ninety-six feet, in breadth forty-eight feet: The chancel in breadth one part thirty feet, the other part twenty-one feet. The steeple fifteen feet, square within the walls; in height sixty feet. Within, and belonging to which, are: One communion-table, with a covering for the same of green cloth. Also one linen cloth for the same, with two napkins. Two pewter flaggons. Two silver chalices, weighing about ten ounces each. One paten. One bason for the offertory. One table of degrees. One chest with three locks, in the vestry; of little use because of the damp. One pulpit and reading-desk, made in the year 1742. One pulpit cushion, covered with green cloth. One large Bible of the last translation. Two large common prayer books. The book of homilies. Comber on the Common Prayer, and Tillotson's first volume of sermons, given by Mr. Thomas Hastwell, merchant in London, 1703. The king's arms, with the ten commandments. One church clock. Four bells with their frames: The first, or least bell, being two feet seven inches and an half in diameter; with this inscription, [Jesus be our speed, 1637]: The second, two feet and eleven inches in diameter, with an ancient inscription, [omnium animarum], perhaps by a mistake of the bell-founder for [omnium sanctorum], to whom the church is dedicated: The third, three feet and two inches in diameter, with this inscription, [soli Deo gloria, 1637]: The fourth, or largest, three feet six inches and an half in diameter; with this