HN10/274/Burney2

Instructions for Writ: - plaintiff: Rev.Henry Burney, Rector of Wavendon [Buckinghamshire]; - defendant: George Loke, auctioneer and land agent of Wavendon; - action for tithe rent charge not recovered by Loke as bailiff under a distress warrant through negligence; - tithe due from 209a 1r 33p divided into 21 inclosures all in occupation of Joseph Lowe due a 1 Jan 1885 being: £23/10/2 arrears from 1 Jul 1884 and £31/8/11 for the half year to 1 Jan 1885; - second occasion on which distress made by Loke on Lowe; - Lowe had nothing when he took the farm and was financed by little bill discounters and others in the neighbourhood and a watch had been made for the opportunity of finding cattle on the farm to distrain; - John Thomas Green was Burney's agent for collecting tithes and a moneylender called [William] Brantom had been financing Lowe; - 27 cattle suddenly appeared on the land; - HN10/274/Burney1 was prepared and delivered by Green's clerk to Loke with instructions to go at once to seize the cattle; - it was believed that Loke and Brantom were personal friends and that Loke, through his negligence had not recovered the tithe money; - in Green's absence Loke left £42/8/- with Green's clerk, Francis Smith, who gave a receipt for the money dated 21 Apr 1885 but refused to give it for the tithe [see HN10/274/Burney3]; - Lowe called on Green and told him that Brantom had driven off the cattle after the distress was served but that it was "all a Job between Loke and Brantom as the Cattle really belonged to him (Lowe) subject to the payment of a heavy rate of Interest to Brantom and had been purchased in Lowe's name"; an inventory was produced delivered to Loke as bailiff showing that all farm implements had been taken and only two little heifers belonging to Brantom; - it was considered that issuing a writ in a superior court would cause Lowe and Brantom to pay the balance rather than fight, but that County Court expenses created "no terrors to these people. Of course the question arises has the receipt for £42.8.0 and Green's subsequent Letters reduced the matter to County Court Jurisdiction"; - after Loke had allowed his friend Brantom to remove the cattle he discovered that there was not sufficient and so took the implements and left furniture in the house "evidently not understanding his work"

1885

From: 1884 To: 1885

item

Burney, Henry,
Loke, George,
Lowe, Joseph,
Brantom, William,
Green, John Thomas,
Smith, Francis

Buckinghamshire farms, clergy names index, auctioneer, land agent, tithes, bailiff, cattle, Wavendon