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 8, 2024.

Pages

Tax.

A Warrant to the Assessors to make a Tax upon an Act of Parliament for Royal Aid.

K. ss. BY virtue of an Act of this present Parliament, intituled, An Act for granting a Royal Aid unto the King's Majesty of 2477500 li. to be raised, levied, and paid in the space of three years in manner following, (that is to say) 68819 li. 9 s. by the month, for thirty six months, beginning from the 25. day of Decemb. 1664. These are to will and require you, and every of you, whose names are hereunder writ∣ten for the purpose aforesaid, for the second

Page 327

and third quarterly payments of the said six months Assessments, with all care and diligence to assess on all Lands, Tenements, Heredita∣ments, Annuities, Rents, Parks, Warrens, Goods, Chattels, Stock, Merchandise, Offices, (other than Judicial and Military Offices, and Offices relating to the Navy, under the com∣mand of the Lord High Admiral, and Offices within His Majestie's Houshold) Tolls, Profits, and all their Estates both reall and personal, within the Limits, Circuits and Bounds of your Hundred of A. the full and just summ of, &c. by a pound rate wherein you are to assess the Tenant, one sixth part of the whole in respect of his stock upon Land, and you are to assess all other persons for their personal estate, (other then their stock upon Lands and Houshold-stuff) for every 20 li. proportio∣nably to 1 li. by the year in Lands. And you are to take especial care that therein you assess not any part of the said monies upon the Rents and Revenues due, and payable to ei∣ther the Universities, or any other Colleges, Halls, Hospitals, Almes-houses or Free-schools. Nevertheless you are to assess the Tenants of all such Lands and Tenements for so much as the same are worth by the year, over and above what Rents or Revenues they pay to the said Universities, Colleges, &c. And you are here∣by further willed and required that you bring the said Assessment fairly written, exactly cast up, and by you signed unto us at the house of, &c. (tali die) by two of the clock in the afternoon of the same day; Of all which you nor any of you, are to fail, upon pain of 20 li. Given under our hands and seals at A. the, &c.

To A. B. C. D. E. F. G. H.

Page 328

The Preamble of the Tax Book.

The Hundred of A. &c.

Kent ss. A Tax made the second day of May, Anno Dom. 1664. and in the sixteenth year, &c, by us whose names are hereunder subscribed, in pursuance of a War∣rant to us directed under the hands and seals of A. B. C. D. E. F. Esquires, and others, Com∣missioners, nominated in an Act of this present Parliament, intituled, An Act for granting, &c. (as before.) We are required to assess upon the said Hundred, on all Lands, Stock, Goods, &c. the summ of, &c. by a pound rate wherein the Tenant is to be assessed one sixth part of the whole which we have accordingly assessed, viz▪ the Landlord at 5 d. in the pound Rent, and the Tenant 1 d. on the pound in respect of his Stock, upon the said Lands, and for all other Goods, Stock, &c. for every 20 li. proportio∣nably to 2 s. per annum, on Lands as followeth. viz.* 1.1

Tenants.Rents. per Annum.Tax on Lands.Tax on Stock Lands and* 1.2 Trade.
C. D.20 li.0. 08. 04.0. 1. 8.* 1.3
G. H.50.1. 00. 10.0. 4. 2.
L. M.80.1. 13. 04.0. 6. 8.

Abatement to be allowed to the Landlord, in respect of the Water, In-lets, and other Charges imposed on the said Lands.

Page 329

A Warrant to the Collectors of the Tax upon the Royal Aid.

Kent ss. BY virtue of an Act of this present Parliament, intituled, An Act for granting a Royal Aid unto the King's Majesty of 2477500 li. to be raised, levied, and paid in the space of three years. These are to will and require you, and every of you, whose names are hereunder written, to collect all and every the summs of money mentioned in the Assess∣ment hereunto annexed, so that you duly pay the summ (which you are hereby required so to doe) unto A. B. of, &c. whom we have no∣minated and appointed head Collector of the moneys aforesaid, at his house in A. aforesaid, in manner following, (that is to say) one Moiety thereof (being the second quarterly payment of the said three years Assessment) on or before the twentieth day of, &c. next ensuing, and the other Moiety thereof, (being the third quarterly payment of the said three years Assessment) on or before the twentieth day of October then next following▪ And in •…•…ase any person or persons shall neglect or re∣•…•…se to pay any summ of money whereat he is in the said Assessment rated or assessed, then you, and every of you, are hereby authorized and required to levy the summ assessed by Di∣stress and Sale of the Goods of such person or persons so refusing or neglecting to pay, de∣ducting the summ assessed and reasonable char∣ges of Distraining; and you shall restore the e∣ver plus to the Owner thereof. Yo•…•…, and every of

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you, are hereby likewise authorized to break open in the day time any House, Trunk, Chest, Box, or other thing where any such Goods are, and to call to your assistance the Constable, Tithing-man, and Headburrough within the place where any such refusal, neglect, or re∣sistance shall be made, which said Officers are by the said Act required to be aiding and assist∣ing in the premisses, as they will answer the contrary at their perils. And in case any per∣son or persons shall refuse or neglect to pay his or their Assessment, and convey his or their Goods, or other personal Estate, where∣by the summ of money so assessed cannot be levied according to the said Act, that then you certifie to us, or any two of us, the name or names of such person or persons so refusing, or neglecting, or conveying as aforesaid. To the end such proceedings may be had there∣upon against him, her, or them, as by the said Act is directed. And in case any Lands or Houses within your Hundred shall lie unoc∣cupied, and no Distress can be found on the same, by reason whereof your said Hundred is forced to pay and make good the Tax asses∣sed upon such Lands lying unoccupied, Then you, and every of you, are hereby authorized and required, at any time after, with the assi∣stance of the Constable or Tithing-man within your Hundred for the time being, to enter and distrain upon the said Lands and Houses when there shall be any Distress thereupon to be found, and the Distress and Distresses (being the proper Goods of the Owner, or any claim∣ing any Estate, Interest, or Profit under him) if not redeemed within fourteen days, by pay∣men•…•… of the Tax and Charges of Distraining, to sell, rendring the over-plus to the Owner or

Page 331

Owners of such Distress. And you are hereby enjoyned to distribute the money raised by the Sale proportionably to the parties who contri∣buted to the Tax of the said unoccupied Lands, you, and every of you, are hereby further enjoyned, that where any Wood-land shall be Assessed and no Distress can be had, that in such case, with the assistance of the Constable, Headburrough, or Tithing-man, you cut and sell to any person or persons so much of the Woods growing on the said Wood-lands as will pay the Assessment or As∣sessments so behind and unpaid, and the charge incident thereunto. And the person or persons and his Assigns, to whom such Woods shall be sold, are by the said Act authorized to fell, cut down, dispose, and carry away the same to his own use, rendring the over-plus (if any be) to the Owner thereof. You, and every of you, are hereby likewise authorized, that where any Tax or Assessment within your said Hundred shall be laid upon Tiths, Tolls, Pro∣fits of Markets, Fairs, or Fisheries, or other annual Profits not distreinable, in case the same shall not be paid within fifteen days after such Assessment so charged, or laid, and demanded, That then you, or any of you, seize, take and sell so much of the said Tithes, Tolls, and other Profits so Charged as shall be suffidient for the levying of the said Tax and Assessment, and all Charges occasioned by such non payment thereof, rendering the over-plus to the Owner (if any be) of all which you, nor any of you, are to fail upon such pains and penalties as by the said Act may in such case be inflicted on you. And lastly, we do hereby declare unto you, that upon your Collection of the whole summe appointed to be Collected by you, and pay∣ment

Page 332

thereof as is hereby appointed: you are to have▪ and receive for your pains in collec∣ting and paying the moneys one penny in the pound, which the said head Collector is by us authorized, to pay unto you accordingly. Gi∣ven under our hands and seals at A. the, &c.

To A. B. C. D. E. F. Collectors for the Hun∣dred of A. in the said County.

A Warrant to levy 5 li. upon the Collectors for neglecting to col∣lect their Assessment.

To the Constable and Borsholders, &c.

Kent ss. WHereas complaint hath been made unto us this present day by A. B. of, &c. high Collector of the second and third quarterly payments of the Royal Aid granted to His Majesty, That the severall Persons whose names are here∣under written, being petty Collectors of the said two quarterly payments within your said Hundred, have wilfully neglected and refu∣sed to pay unto the said A. B. the several summs of money charged upon them to collect and pay unto the said high Collec∣tor on the several days and times to them limited and appointed for the payment of the same notwithstanding▪ several Warrants have been issued out unto them to make payment thereof as they would avoid the Penalties to be inflicted upon them by the

Page 333

Law for their non-payment thereof. These are therefore (in His Majestie's name) to command you, that you, some or one of you, do immediately upon receipt hereof levy upon the several Persons whose names are hereunder written upon each of them the summ of 5 li. for such his neglect and refusal as aforesaid by way of distress and sale of his Goods, according to the Act of Parliament in that case made and provided. Hereof fail not at your perils. And for so doing this shall 〈◊〉〈◊〉 your suffi∣cient Warrant. Given under our hands and seals at, &c.

Notes

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