Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.

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Title
Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.
Author
Kilburne, Richard, 1605-1678.
Publication
London :: printed by the assigns of Rich. and Edw. Atkins, Esquires, for Richard Tonson within Grayes-Inn-Gate next Grayes-Inn-Lane,
1681.
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Subject terms
Forms (Law) -- Great Britain -- Early works to 1800.
Justices of the peace -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A47352.0001.001
Cite this Item
"Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A47352.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

Excise.

Note NOne shall meddle with any Office relating to the Excise till they have taken the Oaths of Allegiance and Supremacy before 2 Iustices of the Peace of the County where such Office is, or one Ba∣ron of the Exchequer, and the Oath men∣tioned* 1.1 in 12 Car. 2. cap. 23.

Page 151

A Certificate upon taking the Oath about Excise.

Kent ss. WE whose names are hereunto* 1.2 subscribed (His Majestie's Justices of the Peace of the County aforesaid) do certify, That A. B. of C. in the said Coun∣ty hath before us (this present day) taken the Oaths of Allegiance and Supremacy, and the Oath mentioned in the Statute made in the twelfth year of His now Majestie's Reign, (intituled, A Grant of certain Impositions upon Beer, Ale, and other Liquours, for the increase of His Majestie's Revenue during His life.) Gi∣ven under our hands and seals the 2. day of May in the 31. year of the Reign of our Sove∣reign Lord King Charles the Second.

None shall meddle with any Office relating to the Excise till they have taken the Oaths of Alle∣giance and Supremacy before two Iustices of the Peace of the County where such Office is, or one Baron of the Exchequer. And the Oath of an Excise man. Vide Title Oaths.

This Oath is by the Justices to be certified to the next Quarter-Sessions, there to be Recorded.

Page 152

A Warrant to summon those who refuse to pay the Excise.

To the Constable, &c.

Kanc. ss. WHereas Complaint hath been made unto us this present day by A. B. of C. sworn Officer to the Com∣missioners of Excise of Ale and Beer of the said County, That E. F. of G. in the said Coun∣ty, Victualler, hath Brewed and put to sale cer∣tain Barrels of strong Beer since the second day of May last past, without paying the duty of Excise in compounding with the Commissio∣ners for this division contrary to an Act of Par∣liament in that behalf made: These are there∣fore (in His Majestie's name) to command you, that you, some or one of you, do cause the said E. F. to be and appear before us at T. in the County aforesaid upon the tenth day of Iune, at nine of the Clock in the forenoon of the same day to shew cause why the said E. F. should not pay the duty of Excise as afore∣said. Hereos fail not, &c. Given under, &c.

Page 153

A Warrant for Distress on Alehouse∣keepers, for not paying Excise.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

K. ss. FOrasmuch as Complaint hath been* 1.3 made unto us whose names are hereunto subscribed (His Majestie's Justices of the Peace of the County aforesaid) That A. B. of C. in the said County of K. Alehousekeeper hath not paid or cleared off his Duty of Excise unto such person as by the Statute in that be∣half made is appointed, according to the En∣try of the said A. B. in that behalf made, as by the Statute aforesaid is directed; and upon ex∣amination of the Complaint aforesaid we do find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy the summ of, &c. upon the Goods and Chattels of the said A. B. being the double value of the Duty so not paid or cleared off, and by him forfeited, according to the form of the said Statute, and to sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days;) and that you pay the moneys so levied to such person or persons as by the said Statute is directed, rendring to the said A. B. the overplus, (if any be;) And for want of sufficient Distress, that you do forth∣with certify us thereof, to the end we may far∣ther proceed touching the same as by Law is appointed. Hereof fail not at your perils. Gi∣ven under our hands and seals the, &c.

Page 154

A Mittimus where not sufficient to pay Excise.

To the Constable and Borsholders of the Hundred of A. and to every of them, and to the Keeper of His Majestie's Gaol for the said County at M. in the County aforesaid.

Kent ss. WHereas by Warrant under our* 1.4 hands you the said Consta∣ble and Borsholders were required to levy of the Goods and Chattels of A. B. of C. in the said County, &c. by him forfeited, (according to the form of the Statute, intituled, A Grant of certain Impositions upon Beer, Ale, and other Liquours, for the increase of his Majestie's Re∣venue during His life,) and you the said Con∣stable have this day certified us, that the said A. B. hath not sufficient Distress whereby the said, &c. can be levied: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do take the said A. B. and him convey to the Gaol aforesaid, and there deliver him to the aforesaid Keeper of the same, (together with this Precept.) Requiring also you, the said Keeper, to receive him into the said Gaol, and him there imprison, till satisfaction be made of the aforesaid, &c. Hereof fail not at your perils. Given under our hands and seals the, &c.

Page 155

To levy the Forfeiture for not ma∣king a due Entry.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

K. ss. FOrasmuch as Complaint hath been* 1.5 made unto us whose names are hereunto subscribed, (His Majestie's Justices of the Peace of the County aforesaid) That A. B. of C. in the said County of D, &c. hath not made such due and particular Entry of a 1.6 as by the said Statute is required; and upon examination of the Complaint aforesaid we do find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy the summ of, &c. up∣on the Goods and Chattels of the said A. B. (being the double value of the Duty so not paid or cleared off, and by him forfeited, ac∣cording to the form of the Statute aforesaid) and do sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days) and that you pay the moneys so levied to such person or persons as by the said Statute is directed, (rendring to the aforesaid A. B. the overplus, if any be;) And for want of suf∣ficient Distress, that you do forthwith certify us thereof, to the end we may farther proceed touching the same as by Law is oppointed. Hereof fail not at your perils. Given under our hands and seals the, &c.

Page 156

A Warrant to levy the double value of the Excise on a Brewer for not paying according to Entry made.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

K. ss. FOrasmuch as Complaint hath been* 1.7 made unto us whose names are hereunto subscribed, (His Majestie's Justices of the Peace of the County aforesaid) That A. B. of C. in the County aforesaid, common Brewer, hath not paid nor cleared off his Du∣ty of Excise unto such person as by the Statute in that behalf made is appointed, according to the Entry of the said A. B. in that behalf made, as by the Statute aforesaid is directed; a 1.8 and upon examination of the Complaint aforesaid we find the same to be true: These are there∣fore (in His Majestie's name) to will and re∣quire you, and every of you, that you, some or one of you, do levy the summ of, &c. upon the Goods and Chattels of the said A. B. (be∣ing the double value of the Duty so not paid or cleared off, and by him forfeited, according to the form of the Statute aforesaid) and to sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days) and that you pay the moneys so levied to such person or persons as by the said Statute is directed, ren∣dring to the aforesaid A. B. the overplus, (if any be;) And for want of sufficient Distress, that you do forthwith certify us thereof, to the

Page 157

end that we may proceed touching the same as by Law is appointed. Hereof fail not, &c.

Loss of Allowance for making false Entries.

Kent ss. FOrasmuch as by the Statute in* 1.9 that behalf made it is enacted, That all common Brewers and makers of Beer or Ale, (not selling the same by retail) for and in consideration of waste by fillings and breakage of their Beer and Ale, shall have and be allowed out of the returns made by the Ga∣gers, upon every three and twenty Barrels of Beer (whether strong or small) returned by the said Gagers, three Barrels; and upon every two and twenty Barrels of Ale, (whether strong or small) returned by the Gagers, two Barrels; And forasmuch as A. B. of C. in the said Coun∣ty, common Brewer, hath this present day been duly convicted before us, that he hath wittingly and willingly made a faulse Entry of [as in Mar∣gent] a 1.10 by him lately brewed, contrary to the form of the Statute aforesaid: We do there∣fore adjudge, that the said A. B. shall forfeit and lose (for his Offence aforesaid,) over and besides the Penalties in the said Act mentio∣ned, the said Allowance so to be made, for six months now next ensuing. Given under our hands and seals the, &c.

Page 158

Upon Complaint of false Entry to appear.

To A. B. of C. in the said County.

Kent ss. FOrasmuch as Complaint hath* 1.11 been made unto us, That you A. B. of C. &c. [as above] contrary to the Statute in that case made and provided: These are therefore (in His Majestie's name) to re∣quire you to appear before us at the house of D. in E. in the County aforesaid upon the 22. day of May, to answer the premisses. Hereof fail not at your peril. Given under our hands the 18. day of May, &c.

Not suffering to gage the Vessels.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them

Kent ss. FOrasmuch as Complaint hath* 1.12 been made unto us whose names are hereunto subscribed, (His Maje∣stie's Justices of the Peace of the said Coun∣ty) That A. B. of C. in the County aforesaid a 1.13 hath refused to permit C. D. (a Gager appointed according to the Statute aforesaid) to enter into his &c. to gage or take account

Page 159

of his b 1.14 [Margent] And having been by the said Gager thereupon forbidden to sell, carry out or deliver to any of his Custo∣mers any Ale, &c. [as in the Margent] yet notwithstanding the said A. B. (after such warning given) hath sold and retailed, &c. [as in the Margent] not having paid or cleared the Duty of Excise; And upon ex∣amination of the said Complaint we do find the same to be true: These are therefore (in His Majestie's name) to will and require you, and every of you, that you, some or one of you, do levy upon the Goods and Chattels of the said A. B. five pounds for his Offence aforesaid, and sell the said Goods and Chattels, (if they shall not be redeemed within fourteen days) and that you do pay the moneys so levied to such person or per∣sons as by the said Statute is directed, (ren∣dring to the aforesaid A. B. the overplus, if any be;) And for want of sufficient Di∣stress that you do forthwith certify us there∣of, to the end we may farther proceed tou∣ching the same as by Law is appointed. Hereof fail not at your perils. Given un∣der our hands and seals the, &c.

Page 160

A Warrant against one that procu∣reth a false Return to be made in the Office of Excise.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

K. ss. FOrasmuch as it hath been duly pro∣ved* 1.15 before us, That A. B. of, &c. Brewer did a 1.16 to make a false Return b 1.17 into the Office of Excise of c 1.18 exciseable within his Division in the said County, against the form of an Act of Parliament lately made, (intituled, An additional Act for the ordering and collecting the Duty of Excise, and preventing the Abuses therein) whereby he hath forfeited ten pounds for his said Offence: These are therefore (in His Majestie's name) to charge and command you, and every of you, to le∣vy by Distress and Sale of the Goods of the said A. B. the aforesaid ten pounds, rendring to him the overplus thereof. Fail not at your perils. Given under our hands and seals the, &c.

Page 161

A Mittimus to the Gaol for want of Distress.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them, and to the Keeper of His Majestie's Gaol for the said County at C. in the County aforesaid.

Kent ss. WHereas it was duly proved* 1.19 before us, That A. B. of, &c. Brewer, did bribe C. D. Gager, to make a false Return into the Office of Excise of Beer, &c. exciseable within his Division in the County against the form of an Act of Parliament lately made, (intituled, An addi∣tional Act for the ordering and collecting the Duty of Excise, and preventing the Abuses there∣in) whereby he forfeited ten pounds for his said Offence; and we did therefore by War∣rant under our hands and seals charge and command you to levy by Distress and Sale of the Goods of the said A B. the aforesaid ten pounds; and you the said Constable have re∣turned to us, that for want of such Distress you could not levy the same: These are there∣fore (in his Majestie's name) to charge and command you the said Constable and Borshol∣ders, and every of you, to attach the said A. B. and him convey to His Majestie's Gaol aforesaid, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding also you, the said Keeper, to receive him into the said Gaol, and him

Page 162

there safely keep by the space of three months, (without Bail or Mainprise.) Here∣of fail not at your perils. Given under our hands and seals the, &c.

The like as in the two former Warrants (mutatis mutandis) against any sworn Gager or other Officer that shall take and receive any bribe, money, fee, gift, or other reward of any Brewer or other person, for any cause or matter relating to the Excise.

A Warrant (against several per∣sons) to distrain for the Duties of Excise, &c.

To Thomas Osborn and John Tiffin, Gent. and to either of them, and such other person or per∣sons as they or either of them shall take to their or either of their assistance in execution hereof.

K. ss. WHereas Complaints were lately made unto us S. B. and R. K. Esquires, (two of His Majestie's Justices of the Peace of the said County) by the Officers of Excise, That the several persons hereunder na∣med had committed the several and respective Offences herein after mentioned, and severally added to their several names, against the form of several Statutes made for payment to His Ma∣jesty of the Duties of Excise; And forasmuch as upon hearing of the said Complaints (this present day) it was duly proved before us,

Page 163

that the said Complaints were true, and we have therefore (according to the form of the Statutes aforesaid) adjudged, that the said se∣veral and respective persons shall, for his, her, and their several and respective Offences, for∣feit and pay the several summs of money here∣under added to their several and respective names, that is to say, Thomas Daniel of Hors∣monden in the said County, Vintner, (a Retailer of Beer,) for forfeiture for neglect of entring (by the space of twelve months last past) of Beer by him retailed (within the said time,) twenty and four pounds, and for double the Duty of Excise for twenty and five Barrels, three Firkins and five Gallons of Beer of above six shillings the Barrel, and for three Barrels and three Firkins of Beer of six shillings per* 1.20 Barrel or under, (he not having paid the sin∣gle Duty, or any of the same) eight pounds, fourteen shillings, and a half penny;

In all—32 14 00 ob.

Iames Lewes of Horsmonden aforesaid Cord∣winder, for forfeiture for neglect to appear before us this day, to give evidence for disco∣very* 1.21 of breaches of the Laws of Excise, not∣withstanding that he was summoned so to doe, (according to the Statute in that behalf made) forty shillings; Edward Budgen, late of Brench∣ley, in the said County, Labourer, for the like, 40 s. and for forfeiture, for that he refusing to permit the Gager to gage or take account of Beer by him brewed, and being thereupon for∣bidden by the said Gager to sell any of the Beer aforesaid, he (after such warning given) did sell the same, (not having paid or cleared the Duty of Excise) five pounds; and for costs and charges of the Officer and others imployed

Page 164

in the service (touching the premisses) five shillings,

In all——09 05 00

These are therefore (in His Majestie's name) to authorise and command you, and every of you, to levy the aforesaid several and respective summs of money upon the Goods and Chattels of the said several and respective Offenders, and to make sale of the said Goods and Chattels, if they shall not be redeemed within 14 days, (rendring to the parties the overplus, if any be;) And for want of sufficient Distress, to certify us, or one of us, of the same, to the end that such farther proceedings may be made therein as (by the Laws and Statutes afore∣said) are required. And you are hereby far∣ther commanded, to dispose of all such moneys as you shall (by virtue hereof) levy or receive in such manner as (by the Laws and Statutes aforesaid) is appointed. Given under our hands and seals the, &c.

All the before-mentioned Warrants upon the Statute of Excise 12 Car. 2. cap. 24. will also serve (mutatis mutandis) upon the other Statute touching Excise, made the same Parliament, intituled, An Act for taking away of the Court of Wards and Liveries.

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