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late Majesty, George the Second, intituled, An Act for the better relief and employ- II. Forms ment of the poor in the parishes of Saint Margaret and Saint John the Evangelist, relating to poor in the city of Westminster, and for cleansing the streets and repairing the highways within the said parishes," and purporting to be an equal pound rate or assessment for the relief of the poor, repair of the highways, and cleansing the streets in the said parishes of Saint Margaret and Saint John the Evangelist, in the city of Westminster, upon all and every the person and persons who inha. bited, held, occupied, or enjoyed, any land, house, shop, wharf, warehouse, or other building, within the said parishes, or either of them, or any other person or persons who, by law, were chargeable and assessable for and towards the relief of the poor within the said parishes, pursuant to the before-mentioned act.

That the petitioners, in and by the said rate or assessment, were rated as occupiers, in the following form :-The governor and company of the Chelsea Water-works, for messuage or tenement in Great Queen Street, in the parish of Saint Margaret, used main pipes and other apparatus for the conveyance of water, belonging to the said corporation, situate, being, and fixed in the ground in the said parishes of Saint Margaret and Saint John the Evangelist ;-annual value, five hundred pounds each ; instalment, twenty-five pounds. That the petitioners, in pursuance of the provisions of the above-mentioned statute, paid the said rate or instalment of twenty-five pounds, on the twenty-fourth day of July, one thousand eight hundred and thirty, to the person duly authorised to receive the same. And that the petitioners found themselves aggrieved by the said rate or assessment. Now, upon hearing the said appeal, and what hath been alleged by the said respective parties and their counsel in and concerning the premises, this court doth order, adjudge, and determine, that the said appellants are liable to be rated for messuage or tenement in Great Queen Street, in the parish of Saint Margaret, and mains, pipes, and other apparatus for the conveyance of water belonging to the said corporation, situate, being, and fired in the ground in the said parishes of Saint Margaret and Saint John the Evangelist, towards the relief of the poor, of repair of the highways, and cleansing the streets as aforesaid, of the said parishes. And doth further order, that the hearing and determining the said appeal, as to the sum at which the said appellants should be rated for the same, be and the same is hereby adjourned until the nert general quarter session of the peace, to be holden for this city and liberty. And it is, by and with the consent of the said parties and their counsel, ordered that it be referred to the Honourable Thomas Erskine, one of his Majesty's counsel, learned in the law, to ascertain and certify to the said next general quarter session of the peace, upon what sum the said governor and company ought, in such rate or assessment, to be rated and assessed, so as the said referee do make his certificate in writing, and concerning the matter hereby referred, ready to be delivered to the said parties, or either of them, on or before the tenth day of January next, with liberty for the said referee, under his hand in writing at the foot hereof, from time to time, so long as he shall think fit to enlarge the time for making his said certificate.

And it is, by the like consent, further ordered that the witnesses, to be examined before the said referee touching the matters aforesaid, shall be sworn before the court of general quarter sessions of the peace, now holding, or before some court of general or quarter session of the peace to be holden in and for the said city and liberty, or before a justice of the peace for the said city and liberty; and that the said appellants and respondents shall respectively produce, before the said referee, all such books, deeds, papers, and writings, in their or either of their custody or power, relating to the matters in difference, as the said referee shall think fit to require.

And it is, by the like consent, further ordered that if either of the said parties shall, by affected delay or otherwise, wilfully prevent the said referee from making his certificate, or shall not attend after reasonable notice, and without such excuse as the said referee shall be satisfied with and adjudge to be reasonable, then the said referee may proceed exparte, and the party occasioning the delay shall pay to the other such costs as the court of quarter sessions of the peace, for this

and

rty, shall consider to be reasonable and just.

By the Court,

VAUGHAN.

rates.

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II. Forms

In the King's Bench. relating to poor

Sir R. B. B., bart., appellant; and the Churchwardens and In the matter of Overseers of the Poor of the parish of C., in the county of 44. Entry of

N., respondents. proceeding on

Easter Term, 10th Geo. IV. an appeal at Northampton, ) Whereas, on or about the seventh day of November, in the year sessions against to uit.

of our Lord one thousand eight hundred and trrenty-eight, a rate and order an assessment' or rate was made and assessed for the relief of the poor, and thereon, subject for other purposes relating to the poor of the parish of C., in the county of N., to a case for

aforesaid, for the year of our Lord one thousand eight hundred and twenty-eight, opinion of court entitled, « An assessment for the necessary relief of the poor, and for other the of King's purposes in the several acts of parliament mentioned, relating to the poor of the Bench.

parish of C., in the county of N., made and assessed the serenth day of November,
one thousand eight hundred and twenty-eight, being the sixth rate, at one shilling
in the pound, for the present year, one thousand eight hundred and twente.
eight." And whereas the said Sir R. B. B., Bart, did, at the general quarter
sessions of the peace of our said lord the king, holden in and for the said
county of N., on the

day of
aforesaid,

by leave of that court, enter his appeal against the above rate or assessment to the judg. ment of the court of the general quarter sessions of the peace now last past, holdes in and for the said county, at N., in the said county, on the

day of in the year of our Lord one thousand eight hundred and when, upon a full hearing of the said appeal, and what was alleged by counsel on both sides, the said court of the general quarter sessions of the peace nou last past, did order that the said rate or assessment should be quashed and set aside, subject, nevertheless, to the opinion of the honourable the justices of his Ma. jesty's Court of King's Bench, at Westminster, on a special case now stated and agreed upon between the parties, appellant and respondent, and their counsel,

and which case is as follows: 45. Case stated for opinion of court of King's

See post, forms as to Orders of Removal, &c. Bench, as to validity of poor's

To C. D. of the parish of 46. A sum

in the county of mons of one

TI, A. B., esquire, one of his Majesty's justices of the peace in and justice to shew to wit. Š for the said county of do hereby summon you personality cause why a to appear before such two of his Majesty's justices of the peace as shall be pri. person don't pay

in the said county, on

the poor's rate. next, at the hour of

in the

noon of the same day, to she 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 in the year of our Lord

otherwise you will be proceeded against as if you had appeared. Given under my hand and seal, this day of in the year of our Lord one thousand eight hundred and thirty-one.

A. B. (L. S.)

rate.

sent at

day of

47. A form To the Churchwardens and Overseers of the Poor of the parish of

in the of a distress

county of and to the Constables of the said parish aiding and assisting warrant thereon therein. for poor's rate, where defaulter

Whereas, in and by a rate and assessment made, assessed, allowed,

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to wit. and published, according to the statute in that case made and has appeared to provided, bearing date the day of in the year one thousand eight summons. hundred and thirty-one, C. D., an inhabitant and occupier of a messuage and

land in the said parish of was duly rated and assessed for and forcards 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 county of as well upon the oath of G. H., 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 C. D., hath refused, and doth refuse to pay the same; And whereas it also appeareth unto us, the said C. D. hath been duly summoned to show cause why he refuseth to pay the said rate and assessment, and the said C. D. hath appeared according to such summons, and hath not shewed to us sufficient cause why the same should not be

that

These are, therefore, to require you forthwith to make distress of the goods and II. Forms chattels of the said C. D., and if, within the space of five days next after such relating to poor distress by you taken, the said sum of

and also the further sum of

rates, 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 C. D. 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.

Given under our hands and seals, this day of in the year of our Lord one thousand eight hundred and thirty-one.

A. B. (L. S.)

E. F. (L. S.)
The Information and complaint of

one of the Over- 48. Informa-
Borough of Bury seers of the Poor of the parish of Saint within the tion by overseer
Saint Edmund's, said borough, taken upon oath before us, two of his Ma- against several
in the county of jesty's justices of the peace in and for the said borough persons for not
Suffolk.
(one whereof is of the quorum), this

paying poor's one thousand eight hundred and This informant, upon his oath saith, that the several persons hereunder named before two have refused to pay to him the several sums of money assessed upon them

justices.

respectively, in and by a certain rate or assessment, made for the relief of the poor of the said parish of Saint

day of last past, the
same having been lawfully demanded of them respectively. He therefore prays
redress against the said several persons hereunder named, 80 refusing to pay as
aforesaid, as the law requires.

E. F.
Taken upon oath, Y A. B.

before us. SC. D.

day of

rate, made

upon the

Names of Defaulters.

Residence.

Amount of Rate.

£ s. d.

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Borough of Bury Saint Edmund's, To

of the parish of Saint in the county of Suffolk.

in the said borough.

49. Summons We, whose names are hereunto set and seals affred, two of his Majesty's jus. thereon by the tices of the peace in and for the said borough, one whereof is of the quorum, do magistrates to hereby summon you personally to be and appear before us, or any two of his shew cause why Majesty's justices of the peace in and for the said borough, at the Guildhall of party neglects the same borough, on Thursday, the day of at the hour of

to pay poor's in the forenoon of the same day, to shew cause why you refuse to pay the rate or assessment made for the relief of the poor of the said parish of Saint on the

day of last past, otherwise we shall proceed as if you had appeared.

Given under our hands and seals, this day of
of our Lord one thousand eight hundred and thirty.

A. B. (L. S.)
C. D. (L. S.)

rate.

in the year

at

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rates.

II. Forms

Be it remembered, that on this day of in the year of relating to poor

our Lord one thousand eight hundred and
to wit. the parish of in the said county of

one of the overseers of the poor of the parish of in the said county, cometh 50. The like before of his Majesty's justices of the peace in and for the said county, information and giveth to understand and be informed, that the persons hereinafter against several named, being inhabitants and occupiers of houses and lands in the said parish, persons in a were severally and respectively duly assessed for and towards the necessary printed form for relief of the poor of the said parish, by a rate or assessment made, assessed, non-payment of allowed, and published, according to the statutes in that case made and provided, several rates(a). on the respective times inserted at the top of the several and respective money

columns hereinafter following, in the several and respective sums of money ist
in figures in the several and respective money columns following, opposite ta
their several and respective names following ; and that he hath demanded of and
from the said several persons respectively, the said several and respectire sums of
money, and that they have severally and respectively refused and neglected, and
still do refuse to pay the same. Wherefore the said in formant humbly praxi
that the said several persons may be summoned to appear before two of his Yo-
jesty's justices of the peace, in and for the said county, to shew cause uchy they
severally and respectively refuse to pay the several and respective sums so de
manded from them as aforesaid ; and (if they can ) to shew cause why a tr.
rant should not be granted to make distress for the same.
Exhibited before

2
and year first above written. S

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(a) N. B. The paper on which this form is printed, usually contains three or more

sides ruled in like manner.

rates.

on the

The information and complaint of G. II., overseer of the poor of the

II. Forms to uit. parish of in the said county, made on his oath before me,

relating to poor A. B., esquire, one of his Majesty's justices of the peace in and for the county of day of in the year of our Lord one thousand

51. Information eight hundred and thirty-one, who says, that in and by a rate and assessment

against one made, assessed, and allowed and published, according to the statutes in that case made and provided, E. F., an inhabitant and occupier (or occupier only, if such person for nonis the case ), of premises (or as the case may be), in the said parish of

payment of a was duly rated and assessed for and towards the necessary relief of the poor of before one jus

poor's rate, made the said parish for this present year (or the last year, as the case may be), in the

tice, to summon sum of and that the said sum hath been lawfully demanded of the

before two said E. f., who hath refused and doth refuse to pay the same : Whereupon he,

others (a). the said G. H., prayeth that he, the said E. F., may be summoned to answer the said complaint before two of his Majesty's justices of the peace for the said eounty. Before me,

A. B.

to summon se

County of To the Churchwardens and Overseers of the Poor of the parish of 52. Precept

in the county of and to the Constables of the said from the justices to wit.

Š

parish. Whereas complaint hath been made unto us, whose names and seals are here.

veral defaulters. unto set, two of his Majesty's justices of the peace for the said county of by the churchwardens and overseers of the poor of the parish of aforesaid, that the several persons hereunder named, inhabitants of the said parish, (being duly rated and assessed, the several sums of money to their respective names set, for and towards the necessary relief of the poor of the said parish), have neglected or refused to pay the said several sums, notwithstanding the same have been duly and respectively demanded of them.

therefore, io charge and command you, that you, or some of you, do forthwith summon and warn the said several persons, hereunder named, to be and appear before us, and other his Majesty's justices of the peace for the said county, on the day of at

o'clock in the

noon, to show cause why they refuse to pay the said several sums so assessed on them as aforesaid, otherwise warrants of distress for levying the same, as the law directs, will be made out against them. Given under our hands and seals, this

day of

one thousand eight hundred and

A. B. (L. S.)
C, D. (L. S.)

These are,

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53. Constable's summons thereon.

County of
To
the parish of

in the county of to wit.

By virtue of a warrant to me directed, under the hands and seals of A. B. and C. D., esquires, two of his Majesty's justices of the peace for the county of

I do hereby summon you personally to be and appear before the said justices, and such other of his Majesty's justices of the peace for the said county as shall be assembled on

the
day of

at

by o'clock in the

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

for the year one thousand eight hundred and thirty-one (or as it may be] being the sum

otherwise a warrant of distress for levying the same, as the law directs, will be made out against you. Dated this day of

in the year of our Lord one thousand eight hundred and thirty-one.

G. H.,
Constable of the said parish.

(a) See 43 Eliz. c. 2, s. 4 ; 17 Geo. form, ante, 154. II. c. 38, s. 7; 54 Geo. III. c. 170, s. (6) See form of two justices' summons 12; 3 Geo. IV. c. 233, and see another under seal, ante, 155. VOL. IV.

L LL

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