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Dalton's The Country Justice, 1690
Volume 153, Page 231   View pdf image (33K)
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Chap. 96.
Stock of the Shire.

    And if they be afterwards mixed with Garbles, &c. the same so mixed
shall be forfeited, or the value thereof.

231

    §. 2.

    The Garbler of London, &c. his Deputy or Assigns, may enter in the day
time into any House, Shop, warehouse, &c.  To see if the Wares, &c be garbled,
&c. if ungarbled, to cleanse them, &c.  A moiety of the Forfeitures to the
King, the other to the Prosecutor in any Court of Record, &c.

 
    §. 3.

 
 
 
 
 
 
 
 
 
 
 

43 El. 2.
P. Poor 12.

CHAP.    XCVI.    V. 53.

Stock of the Shire.

    IN the default of the Parishioners, Churchwardens and Constables (that
shall not assess the Tax imposed upon the Parishioners by the Justices
at their Easter Sessions, towards the relief of the Prisoners in the Kings-Bench,
and Marshalsey, and of the Hospitals of that County, and of the
Losses by Fire, Water and other Casualties, and relief of ht e Poor within
that County) any Justice of Peace dwelling in that Parish or (if none dwell
there) in the parts next adjoyning may assess the same:  And the same Justice,
or any other Justice of Peace of that limit (in default of the Churchwardens
and Constables) may levy the same by Distress and Sale of the
Goods of the party refusing or neglecting to pay his part thereof, rendring
to the party the overplus; and in default of such Distress, any Justice of
Peace of that limit may commit such person to Prison, there to remain
without Bail, till he hath paid the same.


 
 
 

    §. 1.
One Justice.
To what 

uses they
must be
imployed.

Levying.

    Also in default of the Parishioners, Churchwardens and Constables
(that shall not assess the Tax imposed upon the Parishioners by the Justices
at their Easter Session, towards the relief of maimed Soldiers and Mariners)
any Justice of Peace dwelling in that Parish or (if none dwell there) in
the parts next adjoyning may assess the same:  And the same Justice of
Peace (in default of the Churchwardens and Constables) may levy the
same by Distress and Sale of the Goods of the party refusing or neglecting
to pay his part thereof, rendring to the party the overplus.  But in default
of such Distress, the Justices of Peace may not commit such person to prison
as they might in the former case.  43 El. cap. 3.  P. Captain 11.
    Now in these and other Rates and Taxations you shall observe these
Rules following:
Co. 9. 12.
See here
120.
    1.  First, That the most reasonable rating of Land is by the yearly value
and quality thereof, and not by the quantity or content.
    §. 3.
Taxes.
Co. 5. 67.     2.  He that occupieth (in his own hands) Lands lying in several
Parishes, shall be charged in every Parish proportionably for his Land
there.
Co. 5. 65.     3.  The Fermor shall be rated for the Lands, and not the Lessor or
Land lord.
Ibid.     4.  A Man (scil. the Land-lord) shall not be rated or taxed for his Ferm
Rents, in as much as the Fermor or Occupier of the Land is chargeable
for the same Land.  So where my Fermor is assessed by his Goods, I ought
not to be assessed for my Rent of the same Ferm.  Br. Quinz. z. 4.  7 H. 433
& 11 H. 435.
    Upon a Complaint to the Judges of Assize in the County of Lincoln, it was
resolved and ordered, That the Lands in the Parish, and not the Rent neither
of that Land nor of other Lands could be taxed. 
Sir Anthony Irbie's Case,
Assize Linc. 1633.

X 2



 
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Dalton's The Country Justice, 1690
Volume 153, Page 231   View pdf image (33K)
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