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Dalton's The Country Justice, 1690
Volume 153, Page 233   View pdf image (33K)
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Chap. 97.
Subsidy.

    And if the greater part of the Parishioners will not meet upon such
warning given, it seems the Officers, and such of the Parishioners as will
meet, may make such Taxations.

233
    Note, That such Taxations being made for a Commonwealth, as for
the making or amending of a Bridge, Highway, Causey, Sea-bank or the
like, they shall bind all person (although they assent not) 44 E. 3. 18, 19.
Br. Customs 6. Co. 5. 63. Fi. 49.
    And so of Taxations made to repair the Church, or for other common
Town charged (as it seemeth) where such Taxations are made by the greater
part of the Parishioners, as aforesaid.  See Co. 5. 36, & 67. & 21 H. 7.
fol. 20 b. & 8 E. 1. Fitz. Ass. 413.
    Also when Assessments are made for the Reparations of Bridges, Highways,
Sea banks, Causeys, and the like, it seemeth that the sum assessed
upon particular men (or Towns) ought to be competent and reasonable,
having regard to the benefit which the parties assessed or charged shall or
may have and enjoy by reason of the said Assessment, and so reasonable as
that the party shall or may have more benefit than charge thereby; and
then such Assessments cannot be reputed burthensom or a charge to the
Subject, when he shall or may reap benefit thereby.  See 13 H. 4. fol. 14.
& Co. 5. 63.
    §. 5.
Sewers.
    If a Township be amerced, and the Neighbours do (by assent) assess a
certain sum upon every Inhabitant, and do agree that J. S. shall gather it
up; and that if it be not paid such a day, that J. S. shall distrain for the
same; in such a case a Distress taken by J. S. (for such rates behind) is good,
Br. Cust. 6. Doct. & Stud. 74. b. 
    And Issues estreated upon the Parish, may be Order of Sessions be equally
rated upon the Inhabitants and levied accordingly,
Ord. 16. May 8. Car. lib.
Sess. Pac. Mid. Consimil. Ord. for the Inhabitants of Fulham, 9 Apr. 11 Car.
Inhabitants of Eling. Ord. 2. dec. 9. Car.
 
CHAP.    XCVII.    V. 54.

Subsidy.

    AN Act of Parliament 22 & 23 Car 2. was made to lay certain Impositions
on Law, from the first of
May, 1671. for Nine years, which as
they concern Justices of Peace, Clerks of the Peace or Sessions, are as followeth:

        For any Conveyance, Surrender, Release or Deed inrolled, 5 s.
        For every Recognizance inrolled or entred of Record, 7 s. 6 d.
        This was some time paid, but is since forborn to be demanded.
        The Clerk of the Peace is to receive the Duty.


 
 
 

    §. 1.
Tax in
Law.

    The Clerk of the Peace shall make a true Entry thereof in a Book, and
make accompt upon Oath when required, and make payment the first days of
Michaelmas Term, Easter and Hillary Terms, to such as the King shall 
appoint under the Great Seal to receive the same; and if he neglect or
refuse to receive or pay the Duty for the first Offence, he shall lose ten times
the Money, to be recovered by Action; and for the second offence lose his
Office.
    If any person that ought to be set to the Subsidy do by his craft or covin
escape the Taxation, and it be proved before two Justices of Peace of
that County, then shall he be charged at the double value of so much as he
ought to have been taxed at, and shall further be punished at the discretions
of the said Justices.  See 7 & 21 Jac. and divers former Acts of Subsidies.

X 3



 
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Dalton's The Country Justice, 1690
Volume 153, Page 233   View pdf image (33K)
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