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thofe exprefsly mentioned and accepted in the agree- 

 ment. Thus far the bargain is fure, and the tenant 

 runs all rilks of lofs of crops, flock, &c. but if the 

 land be not tithe free, or fubjeft to a modus only, a 

 third perfon has an interefl in the produce thereof, 

 and if that third perfon be an ecclefiaftical reftor, he 

 is not competent to make a certain agreement for 

 his intereft, were he fo difpofed. The tenant has 

 the additional rifk of the reftor's avarice to encoun- 

 ter, and improves accordingly. 



When an unreafonable compofition, or tithes in 

 kind are taken, the tenant converts to pafture the 

 lands which produced them, if he finds it his interefl; 

 fo to do ; and the bed fyfl:em that can be devifed, 

 for the good of the publick, thereby receives a 

 mortal flab ; for clover, hay, potatoes, turnips, 

 cinquefoil, tares, the whol^ clafs of pulfe, and inter- 

 vening meliorating crops, whether for the purpofe 

 of feeding the tenant's cattle, or otherwife, are fub- 

 jeft to tithes in kind, when fevered from the foil on 

 which they grow. 



If the reftor, or his tithe-renter or gatherer, be of 

 a litigious and troublefome difpofition, which the 

 tithe laws, as they now fland, put it too much in 

 their power to indulge, the evil of tithes in kind is 

 increafed to an alarming magnitude. In rainy and 

 uncertain harvefl weather, when prudence diftates 

 the houfmg or flacking the crops immediately from 

 the fcythe or fickle, to avoid the confequences of the 



feafon. 



