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of stone, &c. for repair of

which shall

to require the said surveyor to call a meeting of the rate-payers conveyance of the said parish for the purpose hereafter mentioned, and the said surveyor shall call such meeting within eight days after highways, the receipt of such notice, and shall give six days previous be paid for intimation of such meeting; and if at such meeting a majority by the surveyor. of the rate-payers then and there assembled shall signify their

ter sessions.

And by s. 7, if upon the hearing of any appeal from or against any Rate shall be rerate or assessment, the said court shall order the name or names of covered as any person or persons to be inserted therein, and him, her, or them, to altered by quarbe rated or assessed at any sum or sums of money, or shall order the sum or sums, at which any person or persons is or are therein rated or assessed to be raised or increased, then, and in such case, all and every the sum and sums of money at or to which such person or persons shall be so ordered to be rated or assessed, or to be raised or increased, or so much thereof as shall not have been already paid, shall and may be recovered in such and the same manner, and by such and the same means, as if he, she or they, had been originally named in such rate or assessment, and rated or assessed therein at such sum or sums of money.

A warrant may be made to distrain before the term for which the rate is made is expired, Charlwood v. Best., 1 Bott. 261.

If a landlord tender the poor rate for his tenant, the overseers must receive it, and a warrant ought not to be granted to distrain upon the tenant, Rex v. Cozens, Doug. 426. Averia Caruca (beasts of the plough) are distrainable for the poor rate, Hutchins v. Chambers, 1 Burr. 579, and working tools in a shop, 2 Show. 126.

A distress for a poor rate for lands not in the occupation of the plaintiff may be replevied, notwithstanding the sessions on appeal had confirmed the rate, the determining that a man may be assessed for what he does not occupy being an excess of jurisdiction, Milward v. Cuffin, 2 Blac. Rep. 1330.

Justices need not be joined with overseers in actions for distress for a poor rate. Ibid.

Oath of the refusal to pay the rate must be made before the Justices previously to distraining for non-payment, Tracey v. Talbot, 2 Salk, 532, 1 Bott. 259.

The court of K. B. will not grant a mandamas to compel Justices to grant warrants of distress to levy poor's rates, unless a summons has been previously issued, Rex v. Benn & Church, 6 Durnf. & East. 198.

A distress cannot be made under a general warrant, but there must be a particular and special warrant, Tracey v. Talbot, 2 Salk. 532.

Where defendants in order to levy a poor's rate, under a warrant of distress, granted by two Justices, broke and entered the house, and broke the windows, &c. held that they might be sued in trespass without a previous demand of the perusal and copy of the warrant, according to Stat. 24 Geo. 2. c. 44. s. 6. Bell v. Oakley, 2. Maule & Sil. 259.

Where the servant of an Ambassador did not reside in his master's house, but rented and lived in another, part of which he let in lodgings, it was held that his goods in that house not being necessary for the convenience of the Ambassador, were liable to be distrained for poors rates. Novello v. Toogood. 1 Barn. & Cres. 554.

lawful for want

By 17 Geo. 2, c. 38, s. 8, 9, 10. Where any distress shall be made Distress not to for any sum or sums of money, justly due for the relief of the poor, the be deemed undistress itself shall not be deemed to be unlawful, nor the party or parties of form in promaking it be deemed a trespasser or trespassers, on account of any ceedings. defect or want of form in the warrant for the appointment of such

consent thereto, it shall and may be lawful for the rate-payers keeping a team or teams of two or more horses or beasts of draught to divide among themselves, in proportion to the amount of rate to which they may respectively be assessed, the carrying of the material which may be required by the said

Commitment

for want of distress

Arrears to be levied by succeeding over

seers.

overseers, or in the rate or assessment, or in the warrant of distress thereupon: nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity, which shall be afterwards done by the party or parties distraining, but the party or parties aggrieved by such irregularity, shall or may recover full satisfaction for the special damage, he, she, or they, shall have sustained thereby, and no more, in an action of trespass or on the case, at the election of the plaintiff or plaintiffs.

Provided always, that where the plaintiff or plaintiffs shall recover in such action, he, she, or they, shall be paid his, her, or their full costs of suits, and have all the like remedies for the same, as in other cases of costs.

Provided nevertheless, that no plaintiff or plaintiffs shall recover in any action for any such irregularity as aforesaid, if tender of amends hath been made by the party or parties distraining, before such action brought.

By 43 Eliz. c. 2. s 4. In defect of such distress, it shall be lawful for any such two Justices of the Peace to commit him or them to the common gaol of the county, there to remain without bail or mainprize until payment of the said sum, arrearages and stock: and the said Justices of Peace, or any one of them, to send to the house of correction or common gaol, such as shall not employ themselves to work, being appointed thereunto, as aforesaid: and also, any two Justices of Peace to commit to the said prison every one of the said churchwardens and overseers which shall refuse to account, there to remain without bail or mainprize until he have made a true account, and satisfied and paid so much as upon the said account shall be remaining in his hands.

And by 17 Geo. 2. c. 38. s. 11. In case any person or persons shall refuse or neglect to pay to such overseers as aforesaid, any sum or sums of money that he, she, or they, shall be legally rated or assessed to, it shall and may be lawful to and for the succeeding overseers, and they are hereby required to levy such arrears, and out of the money so levied to reimburse their predecessors all sums of money which they have expended for the use of the poor, and which are allowed to be due to them in their accounts as aforesaid.

The goods only of the party assessed can be taken under the distress for a poor's rate, though it is otherwise as to assessed taxes, for which any goods on the premises may be distrained. Stevens v. Evans, 2 Burr. 1152. Juson v. Dixon, 1 Maule and Sel. 601.

Quare whether goods of party assessed, in hands of executors can be taken. It was held, that at all events, the executor must be first summoned. Stevens v. Evans, 2 Burr. 1152.

In an action of replevin for taking plaintiff's goods, defendant avowed as overseers of the poor, under the 43 Eliz. by virtue of a warrant for £104. 17s. due for several rates, one of which was quashed on the ground that the plaintiff was not an occupier within the parish when he was rated, held, that as one of the rates was quashed, the warrant was void, and that the precise sum due for poor rates, should have been demanded of the plaintiff previous to the issuing of the warrant. Hurrel v. Wink. 8 Taunt. 369.

surveyor for the repairs of the highways within such parish, and that they shall be paid by the said surveyor for such carrying or task work, within one calendar month after having performed such service, after such rate per cubic yard of ma

INFORMATION FOR NON-PAYMENT OF A POOR RATE, &c.

Overseer

in the said county,

one of his Majesty's Justices of the
day of
in the year

who says, that

THE INFORMATION AND COMPLAINT of to wit. Jof the poor of the parish of made on oath before me, Peace in and for the said county, the of our Lord one thousand eight hundred and thirty in and by a rate and assessment made, assessed, allowed, according to the statutes in that case made and provided, occupier of in the said parish of and assessed for and towards the necessary relief of the poor of the said parish for in the sum of and that the said sum

hath been lawfully demanded of the said

and published,

was duly rated

who hath refused

and doth refuse to pay the same. Whereupon he the said prayeth that the said

may be summoned to answer the

complaint before two of his Majesty's Justices of the Peace for the said county.

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to appear before such two of His Majesty's Justices of the Peace, as shall

be present at

in the said

at the hour of

in the

on

the day of noon of the same day, to show cause why you refuse to pay the rate or assessment made for the relief of the poor of the said parish, dated the

day of

day of

otherwise you will be proceeded against as if you had appeared.

Given under my hand and seal this

year of our Lord one thousand eight hundred and thirty.

WARRANT OF DISTRESS THEREON.

To the Churchwardens and Overseers of the Poor of the Parish of

in the
assisting therein.

in the

and to the Constables of the said Parish aiding and

WHEREAS in and by a rate or assessment made, assessed, allowed, to wit. fand published, according to the Statute in that case made and provided, bearing date the

183

parish of

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was duly rated and assessed for and towards the necessary relief of the poor of the said parish in the sum of

And whereas it duly appeareth unto us, two of his Majesty's Justices of the Peace in and for the said as well upon the oath of

one of the overseers of the poor of the said parish, as otherwise, that the said sum hath been lawfully demanded by him; but that the said hath refused, and doth refuse to pay the same: And whereas it also appeareth unto us, that the said hath been duly summoned to

show cause why he refuseth to pay the said rate and assessment, the said hath appeared according to such summons hath not showed to us sufficient cause why the same should not be paid.

Justices to fix rate of pay

ment.

terial per mile, and so in proportion for any less distance than a mile, as shall be fixed by the Justices at their first meeting in special sessions for the highways after the twenty-fifth day of March in every year, which rate the said Justices are

These are, therefore, to require you forthwith to make distress of the goods and chattels of the said and if within the space of five days next after such distress by you taken, the said sum of and also the further sum of being the costs incurred in the premises, making in the whole the sum of together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale thereof that you detain the said sum, and also the reasonable charges of taking, keeping, and selling the said distress, rendering the overplus, on demand, unto the said and if no such distress can be made, that then you certify the same unto us, to the end that such further proceedings may be had therein, as to the law doth appertain.

day of

Given under our hands and seals this
year of our Lord one thousand eight hundred and thirty

I,

parish of

RETURN TO WARRANT.

in the

one of the overseers of the poor of the within-named
maketh oath, this
in the year
that he has used

day of

of our Lord one thousand eight hundred and thirty
his best endeavours to levy the sum in the within-named warrant, on the
goods and chattels of the said
but that no sufficient distress

can be found whereon to levy the same.
Sworn before of his Majesty's Justices'
of the peace in and for the said

COMMITMENT THEREON WHEN NO DISTRESS CAN BE FOUND.

1 To the constable of the parish of

(to uit.) common gaol at

und to the keeper of the

in the said county.

WHEREAS in and by a rate and assessment made, assessed, allowed and published according to the Statute in that case made and provided, bearing date the day of in the year 183 an inhabitant and occupier of in the said parish of was duly rated and assessed for and towards the necessary relief of the poor of the said parish in the sum of

And whereas it duly appeared unto

of His Majesty's Justices of

one

the Peace in and for the said county, as well upon the oath of
of the overseers of the poor of the said parish as otherwise, that the said
sum hath been lawfully demanded by him, but that the said
hath refused and doth refuse to pay the same.

And whereas the said

having been duly summoned to appear

before two of His Majesty's Justices of the Peace for the said county, to

show cause why the same should not be paid, did

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Majesty's Justices of the Peace in and for the said county, did issue
warrant to the churchwardens and overseers
parish of
to levy the said sum of
the goods and chattels of the said

to law And whereas it duly appears unto

of the poor of the said by distress and sale of

and to apply the same according

of His Majesty's Jus

tices of the Peace for the said county, as well upon the oath of

overseer of the poor of the said parish, as otherwise, that he has used his

hereby required to fix at such special sessions: Provided

direct.

always, that such carrying or task-work shall be performed at Carrying of materials, &c. such times and places and in such manner as the said surveyor to be done as may direct (the periods of spring, seed-time, and harvest surveyor may always excepted); and that in case the said surveyor shall not approve of the manner in which such carrying or taskwork shall be performed, it shall be lawful for the Justices at

surveyor.

a special sessions for the highways to hear the complaint of Complaint by such surveyor in that respect, and to award such pecuniary redress or forfeiture against the party offending as to them shall appear reasonable.

collector of

36. And be it further Enacted, That the surveyor of any pa- Surveyor, with consent rish, the consent of the majority of the inhabitants in vestry asof vestry, sembled being first had and obtained, may from time to time ap- may appoint point any number of collectors of the said rates, and may remove rates. any such collector and appoint another in his stead, and make such allowance to such collector, out of the monies to be received under this Act, as the said inhabitants in vestry assembled shall think reasonable; and the said collector is

hereby declared to have all the same powers, remedies, and Powers of colprivileges for the levying and enforcing the payment of such lector. rates as the surveyor nominated or appointed under the authority of this Act(a).

be taken

37. And be it further Enacted, That it shall be law- Security to ful for the said surveyor and he is hereby required to take

best endeavours to levy the said sum on the goods and chattels of the said
as aforesaid, but that no sufficient distress can be had whereon

to levy the same.
These are therefore to command you the said constable of the parish of
aforesaid to apprehend the body of the said
and h safely
in the said county, and there
deliver h to the said keeper thereof together with this precept: And
do hereby command you the said keeper of the said common gaol to receive
into your custody in the said
there to remain without

to convey to the common gaol at

the said

bail or mainprize until payment of the said sum.

day of

Given under our Lord one thousand eight hundred and thirty

hand and seal the

(a) See sec. 34, ante.

in the year of

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