case Carleton versus Brightwell master of the roll Eq can ab pl pl a modus for  tithe of corn for the inhabitant of such a tenement and the land therewith  usual enjoy void for uncertainty in regard the tenement may be uninhabited and  the land often shift and let with other farm turkey tithable but if tithe be  pay of egg then none to be pay for the chicken mill be tithable but they be to  pay only a personal tithe of the clear gain after all manner of charge deduct  in a bill for tithe in the exchequer the court decree payment of tithe to the  time of the fill the bill but in chancery to the time of the decree also where  a infant be party the exchequer will not examine a witness viva voice but the  witness be to be examine on interrogatory in the office in a bill for tithe in  kind the defendant insist on several modus one of which be that the inhabitant  of such a tenement with the land usual enjoy therewith have be accustom to pay  such a modus for tithecorn cur this be quite uncertain the house may fall down  or be uninhabited and then modus will be Payable also nothing can be more  uncertain than land usual enjoy with the tenement since the land let with a  farm house may probable be often shift vide chapman v Monson post dly tithe be  demand of turkey it be object that in more Hugton versus prince it be say that  turkey be thing fer nature and not tithable any more than partridge and  thatturkeys be not bring hither from beyond sea before queen Elizabeth time  peer William cur I can see but that turkey be bird as tame as hen or other  poultry and therefore must pay tithe so Brinklow v Edmonds bunb it be true if  tithe be once pay of the egg there can be no demand make a second time in  respect of the chicken hatch afterward note and the tithe of turkey be usual  aid in the egg if custom do not otherwise determine Com dig dime h dly there  be another demand make by the bill of the tithe of a cornmill and it be insist  that every ten tolldish be due show Gumble versus Falkingham Carth but it be  reply that this matter be determine in the case of chamberlain versus Kneate  in the house of lord Eq can ab pl and bro p c by the name of chamberlain v  newte S c vin ab et vide Dodson v Oliver bunb upon a appeal from a decree of  the court of exchequer where the bill be bring for tithe of a maltmill in  Tiverton in Devonshire and where the lord determine with the assistance of  eight judge whereof holt c I be one that mill be tithable but that the same be  a personal tithe and so ought to be pay out of the clear gain after all manner  of charge and expense deduct upon which authority the master of the roll  decree the mill in question to pay tithe but that they shall be pay only as a  personal tithe note the tithe of a cornmill be a prdial tithe so far as regard  its locality and the person to who it be Payable but in the mode of payment it  be a personal tithe and Payable upon the net profit only Thomas v price Wilson  v mason Gaches v Haynes Gwill hall v machet Anst filewood v Kemp haggard where  Talbot v may atk contra be cite and consider Manby v tailor price note in this  case it be say and admit that in a bill bring that a parson for tithe though  the right thereto be ever so plain yet in the exchequer the decree be not that  the defendant shall pay tithe for the future but that he shall account for and  pay what tithe be due to the time of bring the bill but in the court of  chancery it be to the time of the decree likewise in the exchequer where a  infant peer William be party and his interest be concern the court do not  allow of a order to examine a witness viva voice to prove a deed or exhibit  but a witness must be examine in the office upon interrogatory peer William er  p by the register book no such modus for tithe corn appear to have be in  question in the cause but the defendant by their answer insist that all  occupier of farm house below or on the north side of a lane call Burfield lane  with the land usual occupy therewith have time out of mind pay d at Michaelmas  in each year for each cow and all occupier of farm house above the same lane  or on the south side thereof with the land usual occupy therewith have time  out of mind pay d yearly for each cow in lieu of tithe of milk in kind his  honour declare this modus to be uncertain and direct a account Reg lib a fol  but in chamberlain v newte where sup the house of lord order that the tithe  shall be continue to be pay in future vide archbishop of York v Stapleton atk  bell v read atk daw v Benn Jacob