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Recovery of Small Tithes Act 1695
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VIII.Persons insisting upon Modusses, &c.
giving Security for Costs; Justices may forbear to give Judgment, and Complainant may sue in any other Court.
Provided always and bee it enacted That where any Person or Persons complained of for substracting or withholding any Small Tythes or other Duties aforesaid shall before the Justices of the Peace to whom such Complaint is made insist upon any Prescription Composition or Modus decimandi Agreement or Title whereby hee or she is or ought to bee freed from Payment of the said Tythes or other Dues in Question and deliver the same in Writing to the said Justices of the Peace subscribed by him or her and shall then give to the Party complaining reasonable and sufficient Security to the Satisfaction of the said Justices to pay all such Costs and Damages as upon a Tryal att Law to bee had for that purpose in any of His Majesties Courts haveing Cognizance of that matter shall bee given against him her or them in case the said Prescription Composition or Modus decimandi shall not upon the said Tryal bee allowed. That in that Case the said Justices of the Peace shall forbeare to give any Judgement in the Matter And that then and in such case the Person or Persons soe complaining shall and may bee att liberty to prosecute such Person or Persons for their said Substraction in any other Court or Courts whatsoever where hee she or they might have sued before the makeing of this Act Any thing in this [X1Act] to the contrary notwithstanding.
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X1interlined on the Roll.
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