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Dalton's The Country Justice, 1690
Volume 153, Page 97   View pdf image (33K)
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Chap. 50.
High-ways.

    ' If any person shall fraudulently stop up; deface, cover, or conceal
' any Hearth or Stove chargeable, and the same be proved by confession
' of the party, or upon Oath, before one Justice of Peace or chief Magistrate,
' or by their view; he shall forfeit the double of the duty to be
' levied as aforesaid, 16 Car. 2. c. 3

97

Fraud.

    ' If any shall let the Lands, Gardens, Orchards, or Out houses, formerly
' belonging to a Dwelling-house or Cottage, apart from the same,
' or shall divide any House into several Dwellings, or Let the same to any
' such persons, who by reason of poverty may pretend to be exempted.
' Then such persons shall pay the Duty as they ought to have done before
' that time.  16 Car. 2. c. 3.
    ' No person inhabiting in a House (not being an Alms house, exempted
' by the former Act) in any City, Borough, Corporation, Market,
' Town or Parish, which hath or shall have more than two Chimneys,
' Fire-hearths, or Stoves, shall be exempted, 16 Car. 2. cap. 9. before
' ' Sect. 6.
    §. 18.
Exemption.
    ' If any Question arise, touching the levying of ny Money by virtue of
' that Act, the same shall be heard and finally determined, by one ore
' more Justices of Peace next adjoyning, or Chief Magistrate of the place,
' respectively upon complaint.  16 Car. 2. c. 3.
    §. 19.
Decision.
    ' Many Questions have arisen upon these Acts; as,
    ' 1.  Whether in case of new built Houses, or other Houses, not formerly
' surveyed and returned, the Duty may be required and levied before any
' Survey and Return made.
    §. 20.
Queries.
    ' 2.  Whether Houses new built, standing empty, and untenanted, ought
' to answer the Duty.
    ' 3.  Whether the King for this Duty, may Distrain upon any other
' Estate of the party that is his Debtor, as he may do at Common Law.
    ' 4.  Whether the Duty ought to be paid for Smiths Forges.
    ' These and divers other Quæries touching the Execution of these cts,
' have arisen; and there being special Verdicts found in Actions now depending
' in His Majesties Courts, wherein the Cases are made for their
' Resolution, we may hope for a speedy Decision of them.
    ' One thing since the Statute of 16 Car. 2. c. 3. concerns Justices of Peace
' to see to, That such person as come to receive the Duties, being with
' them sufficient Authorities and Deputations for the same; for otherwise
' the County may be gulled of their Money, and may pay, and yet not
' be discharged against the King.
 
q
CHAP.    L.    V. 26.

High-ways.

    ' MAxima pricis temporibus Senatus diligentia suit faciendas sarciendiscque
' viis tam intra quam extra erbem, saith Rosinus, Antiq. Rom.
' l. 7. p. 300.  And the care of them was first committed to the Censors;
' but they having other imployment, they chose others whom they called
' Quatuor viros viarum curandarum; but the number of their Ways
' increasing, particular Ways had particular Citizens appointed, who
' were called Curatore viarum, which Cæsar Augustus made an ordinary
' Office.  See Eundem, p. 301. to which our Surveyors now exactly answer.


 
 
 

    §. 3.

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