Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reciting that the Revenue settled by 13 & 14 C. II. c. 10. has been much obstructed for want of true Accounts from Occupiers of Housed, &c.
Justices of Peace, to issue Warrants to High Constables, &c. who are to issue like Warrants to Petty Constables, &c. to give public Notice to Occupiers of Houses, &c. to give true Accounts of Hearths, &c. within Ten Days.; Officers may enter Houses, &c. in the Day-time, and upon view compare Accounts so rendered, and endorse and return same to High Constable, with a Book or Roll as herein mentioned.; High Constable to compare and transmit same to Two Justices of the Peace.; Justices to examine Officers and transmit Book and Accounts to Clerk of the Peace, who is to engross the Book, and transmit Duplicate signed by him and the Justices, to the Exchequer.
Whereas the Revenue setled on His Majestie His Heires and Successors by a late Act entituled (An Act for establishing an additionall Revenue upon His Majesty His Heires and Successors for the better support of His and their Crowne and Dignitie) hath beene much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgeings and Chambers as by the said Act is required, and by the negligence of Constables and other Officers intrusted with the takeing and reformeing such Accompts Bee it therefore enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by Authoritie of the same That the Justices of the Peace of the respective Countyes Corporations Places and Limitts within their respective Jurisdictions at the next Sessions to be held after the Feast of Saint Michaell the Arch Angell next ensueing or the major part of them then present shall issue out Warrants under their hands and seales to the respective High Constables or other, like next Officer who shall issue the like Warrants unto the Petty Constables Headboroughes and Tything-men requireing them [on the next Sunday after Morning Service ended to give publique notice in the Church or Chappell generally to all the Inhabitants, and alsoe (fn. 1) ] to give notice publiquely in the Church and perticularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodgeing or Chamber That within Ten dayes next after such notice he give a true and just accompt in writeing under his hand of all Hearthes and Stoves in such respective House Edifice Lodgeing and Chamber unto such respective Constable Headborough and Tythingman who upon Receipt of such Account shall with Two other substantiall Inhabitants of the said respective Precinct whom they are hereby authorized to charge for that purpose in the day time enter into the respective House Edifice Lodgeing and Chamber and upon his owne view compare such Accompt and see whether the same be truely made or not, and endorse the said Accompt accordingly to what he finds upon his view, which Accompt soe received and endorsed shall be by him transmitted within Twenty dayes after such Receipt to the respective High Constable or other like Officer as aforesaid together with a Booke or Roll fairely written wherein shall be Two Columnes, The one containing the Names of the persons and number of Hearthes and Stoves in their respective Possessions that are chargeable by the said Act, and the other the Names of the persons and number of Hearthes and Stoves in their respective Possessions which are not chargeable by the said Act, Which being soe received by such respective High Constable or other like Officer as aforesaid and compared together shall within Six dayes after such Receipt be transmitted to the two next respective Justices of the Peace who are hereby impowered to examine the said respective High Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the trueth and faithfulnes of their actings in the premisses, which being done the said Justices shall within Ten dayes after such examination signe and transmitt the said Booke and Roll together with the said Originall Accounts soe endorsed as aforesaid and filed together unto the respective Clerke of the Peace who shall within Twenty dayes after receipt thereof engrosse the said Booke or Roll in Parchment to be still kepte in the respective County and places aforesaid, and shall alsoe within Two Moneths engrosse in Parchment a true Duplicate of the said Booke or Roll, which being signed by him, and by two Justices of the Peace at least of the respective County and places aforesaid shall be transmitted within one Moneth after such Engrossment into His Majesties Courts of Exchequer
II. Occupier of House not rendering true Account;
Provided alwayes and be it enacted by the Authoritie aforesaid That if any Occupier of any House Edifice Lodgeing or Chamber shall not make or cause to be made an account, or shall ommitt in his account required to be made by this Act any Hearth or Stove, he shall for every such Hearth or Stove he shall soe ommitt forfeit the summe of Forty shillings,
III. Petty Constable, &c. neglecting to transmit Accounts, &c. to High Constable;
Provided alsoe That if any Petty Constable Headborough or Tythingman to whom such Accounts as aforesaid shall come shall negclect to transmitt the same together with a Booke or Roll in manner and time aforesaid to the respective High Constable [or other like Officer as aforesaid, or shall make default in giveing such notice as aforesaid, or in compareing the Account with two substantiall Inhabitants as aforesaid (fn. 2) ] shall forfeit for every such offence the summe of Five Pounds
IV. High Constable neglecting to compare and transmit Accounts, &c. Penalty £10. Penalties, how recovered.
Provided alsoe That if any High Constable or other like Officer as aforesaid shall negclect to compare the said Originall Accounts and the said Booke or Roll; or to transmitt the same in manner and time aforesaid he shall for every such offence forfeite the summe of Ten pounds, All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record, the one halfe to the use of His Majestie, the other halfe to the use of him or them that shall sue for the same,
V. Reciting that Revenue has been prejudiced by annual Change of Officers.
Change of Officers not to disable from collecting Revenue.
And whereas His Majesties said Revenue setled by the aforesaid Act hath beene much prejudiced by annuall changing of Petty Constables Headboroughes Tythingmen High Constables and Sheriffes to whom the collecting and Receipt of His Majesties said Revenue is thereby intrusted Be it therefore enacted by the Authoritie aforesaid That the changing of such Annuall Officers or leaveing of their said Offices shall not excuse or disable any person who shall be Constable Headborough Tythingman High Constable or Sheriffe at the time that any Revenue or Duty shall grow due or payable by the said Act from collecting destraining and receiveing respectively such Revenue or Duty soe growne due, but that every such person in such case is hereby enabled and required to doe all things respectively as to such Revenue or Duty soe growing due as if he had continued Constable Headborough Tythingman High Constable or Sheriffe Any thing in the said Act to the contrary notwithstanding,
VI. Officer neglecting, &c. to collect and pay over Revenue;
Provided alsoe and be it enacted by the Authoritie aforesaid That if any person who by the said or this Act ought to collect distraine for receive or pay over any the said Revenue shall negclect or refuse to doe his Duty therein, for every weeke he shall negclect or refuse he shall forfeite the summe of Twenty shillings to be recovered in manner and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered
VII. Officer entering to distrain may call Inhabitants to assist him.
Provided alsoe and be it declared and enacted by the Authoritie aforesaid That in all cases which by this or the aforesaid Act any Petty Constable Headborough or Tythingman may enter into the house of any person, or may distraine the Goods of any person he may call to his aide any two sufficient Inhabitants of the respective Towneshipps or Precincts who are hereby enjoyned to assist him therein,
VIII. Sheriff appointed to be a Collector may execute the Office by Deputy.
Provided alsoe and be it enacted and declared by the Authoritie aforesaid That where any Sheriffe is by the aforesaid Act appointed to be Collector of any part of the said Revenue that such Sheriffe may execute the said place of Collector by such Deputy or Deputyes as to him shall seeme meete, being thereunto appointed under the Great Seale of his Office or under his owne hand and Seale, Any thing in the said Act to the contrary notwithstanding.
IX. Treasurers of Inns of Court, Colleges, &c. to act as Constables, and Occupiers of Chambers, &c. to account as Occupiers of Houses, and under the like Penalties.
Provided alsoe and be it enacted by the Authoritie aforesaid. That the respective Treasurers and other Officers of the respective Innes of Court Innes of Chauncery Colledges and other Societies chargeable by the aforesaid Act for their Hearthes and Stoves shall doe all things as the respective Constables by this Act are enjoyned to doe under the like Penaltyes though without any Warrant from the respective Justices of the Peace, And that every Occupier of any House Edifice Lodgeing or Chamber within any the respective Innes of Court Innes of Chauncery Colledges and Societyes aforesaid shall doe all things and under the like Penaltyes as are required by this Act of any Occupier of any House Edifice Lodgeing or Chamber elsewhere.
X. Proviso for High Bailiff of Westminster collecting the Duty;
subject to the same Penalties as Sheriffs.; Sheriff of Middlesex discharged as to Westminster.; Constables, &c. to deliver Duplicates of Accounts, &c. to Bailiff.
Provided alwayes and be it enacted by the Authoritie aforesaid That the High Bayliffe of Westminster for the time being or his or their Deputye or Deputyes may within the Citty and Liberties of Westminster from and after the Eight and twentyeth day of September next collect and levy the said Duty and putt in execution all the Powers of the said former Act and this present Act as amply as any Sheriffes who by the said former Act are made Collectors may doe within their respective Limitts and Jurisdictions appointed to them by the said Act And the said Bayliffe for the time being shall be subject to the same Penalties and Dutyes as the said Sheriffes are and shall receive the same reward, and the Sheriffe of Midlesex for the time being is discharged from putting in execution the Trust aforesaid in the said Citty and Liberty of Westminster from the said Eight and twentyeth day of September saveing onely for the collecting of such arreares as then shall happen to be, And the Constables and Headboroughes and other Officers within the said Citty and Liberty of Westminster shall deliver unto the said Bayliffe Duplicates of all Accounts of Hearthes and Stoves and doe all other things in such manner as by the said Act they ought to have done unto the said [Sheriffe, (fn. 3) ] Any thing in the said or this Act to the contrary notwithstanding,
XI. The like Proviso as to the Bailiff and Officers of Southwark.
Sheriff of Surrey discharged as to Southwark, and Constables, &c. to deliver to Bailiff Duplicates of Accounts, &c.
Provided alwayes and be it enacted by the Authority aforesaid That the Bayliffe of the Burrough of Southwarke for the time being his Deputy or Deputyes may within the said Burrough and other Libertyes of Southwarke from and after the Eight and twentyeth day of September next collect and levy the said Duty, and putt in execution all the Powers of the said former Act and this present Act as amply as any Sheriffes who by the said former Act are made Collectors may doe within their respective Limitts and Jurisdictions appointed to them by the said Act, and the said Bayliffe for the time being shall be subject to the same Penalties and Dutyes as the said Sheriffes are and shall receive the same reward, and the Sheriffe of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and [Liberty (fn. 4) ] of Southwarke from the said Eight and twentyeth day of September And the Constables and other Officers within the said Burrough and Liberties shall deliver unto the said Bayliffe Duplicates of all Accounts of Hearthes and Stoves, and doe all other things in such manner as by the said Acts they ought to have done unto the said Sheriffes Any thing in the said former or this Act to the contrary notwithstanding.
XII. Treasurer and Chancellor of the Exchequer may make further Allowance to Clerks of the Peace, not exceeding 1d. per Pound per Annum.
[Provided alsoe and bee it enacted by the Authoritie aforesaid That it shall and may be lawfull to and for the Lord High Treasurer of England and the Chauncellour of His Majesties Court of Exchequer or either of them to give and make such [further (fn. 5) ] allowance unto the Clerkes of the Peace of the respective Countyes of this Kingdome (for their labour and paines in and about the writeing engrossing and returning into His Majesties Court of Exchequer the Duplicates and Returnes of the severall Constables in Parchment over and besides what is allowed by the said first recited Act as the said Lord High Treasurer and Chauncellor or either of them shall thinke meete and convenient, the same allowance not exceeding One Penny in the pound by the yeare, Any thing in the said former or in this Act to the contrary notwithstanding. (fn. 6) ]