| Chap. 84. |
Robbery.
ratably and proportionably tax and assess upon every Inhabitant and
Dweller
in every such Town, Parish, Village, or Hamlet, for and towards the
paiment of such Taxation and Assessment so made by the said Justices upon
such a Town, &c. And if any Inhabitant of such Town, &c.
shall refuse
to pay the said Taxation, so by the Constables taxed, then it shall be
lawful for the said Constables, and every of them to distrain for the same,
&c. And the same Distress to sell, and the Money thereof coming,
the
said Constables must deliver over to the same Justices, or to one of them
within ten days after Collection. All which the said Justices shall
deliver
over (upon request) to the parties charged, to whose use the same was
collected. |
215 |
| Ibid. |
Note, A person coming to inhabit after the Robbery
and Judgment given
is not chargeable to be taken in Execution; and so was the Opinion of the
Court in one Dean's Case, Mich. 10 Car. in the Common Bench. |
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But a person coming after thither to inhabit
is assessable, because the
Country is chargeable at the time of the assessment, and not the persons
which were there at the time of the Robbery committed. Or as Justice
Barkley
said, and the Court seemed to agree in Sir Jo Compton's Case.
Pas. 15 Car.
in the Kings Bench. Quære the difference. |
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Note, That the Inhabitants of any other Hundred
(within the same
County where the Robbery was committed, or within any other County,
with the Franchises within the Precincts of such Hundred) wherein negligence,
fault or defect of pursuit, and fresh Suit after Huy and Cry made,
shall happen to be, shall answer and satisfie the one moiety, or half
of all
and every such sums of Money and Damages as shall be recovered or had
against the Hundred in which the Robbery was done. |
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And the Recovery of such moiety shall be in teh
name of the Clerk of the
Peace, where such Robbery and Recovery is, without naming his Christian
or
Sirname: And such Suit shall not abate by the death or removal of
such
Clerk of the Peace. 27 El. 13. |
|
27 El. 13.
P. Hue and
Cry 6. |
And the like Taxation, Assessment, Levying and Payment,
as aforesaid,
shall be had and made for a Contribution within every Hundred where
there was any negligence, fault or defect of pursuit, and fresh Suit after
Hue and Cry, viz. If upon Suit any Recovery and Execution
of any
Mony, or any damages shall be had against some one or few persons
of that Hundred where such default was (towards the ease of that Hundred
where the Robbery was done) upon complaint made by the parties
so charged, to any two such Justices of Peace, the said Justices may
make the like Assessment, &c. toward the relief of the said parties
so
charged. |
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| Co. 7. 6. |
Note, That if any man be robbed in his House, the
Hundred shall
not be charged therewith, whether it were done in the day or in the
night. |
|
| Ibid. |
Also a Robbery done in the night shall not charge
the Hundred; but yet
if it be in the day time, or by day-light, though it be before the Sun-rising,
or after the Sun-setting, the Hundred shall answer for it. |
§. 4.
When the
Hundred is
not Charged. |
27 El. 13.
P. Hue and
Cry 7.
Co. 7. 7. |
If upon pursuit any one of the offenders be apprehended,
the Hundred
shall not be charged, although the residue of the offenders happen to
escape; but pursuit without apprehending some one of the Robbers is no
excuse. |
|
| Cro. 179. |
If the party that was robbed shall himself take
any of the Thieves after
Hue and Cry made, this shall excuse the Hundred. |
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