The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.
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Title
The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.
Publication
London, :: Printed by the assigns of Rich. and Edw. Atkins for Charles Harper at the Flower de Luce over against St. Dunstans Church in Fleetstreet,
1698.
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Subject terms
Law reports, digests, etc. -- Great Britain.
Cite this Item
"The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80192.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2024.
Pages
Bell versus Knight, In Banco Regis.
IN an Action of Trover; Vpon Not Guilty pleaded the Iury found a special Verdict, in which the Point was upon the Construction of the Statute of 14 Car. 2. c. 10. for the establishing of an additional Revenue upon the King, his Heirs and Succes∣sors for the better support of his and their Crown and Dignity, by which it is Enacted, That for every Fire-Hearth and Stove in every House the yearly Sum of 2 s. shall be paid to the King, other than such as in the said Act are exempted: Then comes a Proviso which saith, That this Act shall not extend to charge any Blowing House, Stamp, Furnace or Kilne, &c. And the Question now was, whether a Smiths Forge shall be charged with this Duty.
Winnington Sollicitor General conceived that all Fire-Hearths are liable within the Body of the Act, and there is nothing to exempt them but what is in the Exception; and that a Smiths Forge cannot be called a Blowing House within the intent of the Act, notwithstanding the Iury have found that Smiths use Bellows to blow their Forges: For by Blowing Houses such Houses are meant as are in Staffordshire and Suffolk for the making of Iron, these were the Blowing-Houses intended by the Parliament to be excepted, and no other; for if Smiths Forges had béen meant thereby, those would have been inserted in the Proviso as well as the other things therein mentioned.
descriptionPage 183
Words are to be taken in a common Vnderstanding; for if a Traveller should enquire for a Blowing House, no Body would send him to a Smiths Forge.
By the Opinion of the whole Court, it was adjudged upon the first Argument that Smiths Forges are liable to this Duty; and so the Sollicitor said it had been lately adjudged in this Court by the Opinion of Twisden, Wyld and Rainsford; and that my Lord Chief Iustice Hale was of the same Opinion; but Twisden said that neither the Chief Iustice or himself gave any Iudgment upon the Merits, but upon a Point in Pleading.
Notes
Smiths For∣ges are chargeable with the Duty of Fire-hearth