Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

Custodes Libertat. &c. against the Inhabitants of Outwell.

Mich. 1649. Banc. sup.

THis Case was again moved:* 1.1 wherein upon a presentment made to Commissioners of Sewers, an order was made by them to reimburse

the Dike-réeves, for mony expended in repairing a Sea wall, by laying a tax upon divers Vills, amongst which Owtwell was one: divers exceptions had been formerly taken to the presentment and order. At this time it was 1. objected, that the Commissioners cannot alter the usual custom for ma∣king the tax, as they have here done: and therefore their Order is not good. It was answered, that there is no custom here presented; but if there be, yet the tax cannot be laid generally upon the Vill, but distributively; for every one of the inhabitants have not an equal share of the land, nor are all the lands of equal goodness: And there is no custom for the Vill of Owtwell to approtion the tax, so that they have no authority to doe it. Windham on the same side said, that there is no prescription or custom here found, and so the tax ought to be ruled by the Common Law, and other Towns ought thereby to be Contributory, which receive benefit by the ma∣king of the bank; and the Commissioners of Sewers have not here pur∣sued the direction of the Statute of Sewers as they ought to doe. And here the presentments, upon which this order for the tax was grounded, were made by three Iuries of several Hundreds, and the breach to be repaired doth not appear to be within any of the Hundreds whence the Iuries come, as the Statute doth direct, neither is it shewed how the inhabitants are chargeable, whether by tenure, or custom, or how else. Holhead on the same side said, It is not said how the lands are lyable to the tax. 1. It is not shewed in what part of the Poe-Dike the breach hapned. Maynard on the other side said, that the Commission of enquiry finds by what default the breach happens, but they cannot tell how many acres every one holds, to charge them several; and it may be intended that they hold joyntly, and it shall be intended that the lands are lyable to the tax by prescription, and it is not necessary to shew in what place of the Poe-Dike the breach happened, Roll chief Iustice said, the prescription here is waived; for you say that it was not an inevitable breach, and so you are at the Common law, and not upon a custom, and then the tax ought to be equal, and according to the number of the Acres, and it is not so here. And it appears not that the breach is within the Hundreds whence the Iury came and so they have no authority to enquire. Hales said, that there is a clause to help this, for there is a power in the Commissioners to ease them that have wrong done to them. Roll chief Iustice, This will not help,* 1.2 for the tax ought to be well and equally laid, according to the Statute, viz. upon the number of the Acres, and here it is laid upon the persons of the inhabitants. Therefore make a new tax.

Notes

• * 1.1

  Exceptions u••on an order of Commissio∣ners of Sew∣ers, and an∣swers to them
• * 1.2

  Tax.