PART VI.
CLASS X.

Costs.

18 George III. c. 19.-An Act for the Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny or other Felony,

12 George II. c. 29.

22 Hen. 8. c.5. 1 Annæ, stat. 1. c. 18.

11 & 12 W. 3. c. 33.

7 Jac. 1. c. 4.

PART VI.

CLASS XI.

County Rate.

[No. I.] 12 Geo. II. c. 29.-An Act for the more easy
assessing, collecting and levying of County Rates.
WHEREAS by an Act passed in the twenty-second year of the reign
of King Henry the Eighth for repairing and amending bridges and
highways: And whereas by another Act passed in the first year of the
reign of her late Majesty Queen Anne to explain and alter the said Act,
it is for the more easy taxing and collecting the money for the repair of
such bridges and highways thereunto adjoining (amongst other things)
enacted, That the justices of the peace within the several limits of their
'commissions shall at their general or quarter sessions of the peace have
full power and authority, upon due presentment to them made that any
bridge within their respective commissions or authorities is out of repair
and which by them hath usually or ought to have been repaired and
'maintained, to make assessments upon every town parish or place
'within their respective commissions for that purpose, in proportions
upon each respective town and parish as they usually have been assessed
'towards the repair of bridges; which assessments are to be levied and
collected in the manner prescribed by the said Act: And whereas by
an Act passed in the eleventh and twelfth years of the reign of his late
Majesty King William the Third, to enable justices of the peace to build
and repair gaols in their respective counties, it is (amongst other things)
• enacted, That it shall and may be lawful for the justices of the peace
' or the greater number of them within the limits of their commissions,
upon presentment of the grand jury or grand juries at the assize great
'sessions and general gaol delivery held for the same county, of the in-
sufficiency or inconveniency of their gaol or prison, to conclude and
agree upon such sum or sums of money as upon examination of abie
and sufficient workmen shall be thought necessary for the building
finishing and repairing a public gaol or gaols belonging to the shire or
county whereof they are justices of the peace; and by warrant under
'their hands and seals or under the hands and seals of the greater num-
'ber of them, by equal proportions to distribute and charge the sum or
sums of money to be levied for the uses aforesaid upon the several
'hundreds, lathes, wapentakes, rape, ward, or other division of the said
county in the manner prescribed by the said Act; which said Act was
' revived and continued by an Act passed in the tenth year of the reign
of her late Majesty Queen Anne for seven years and to the end of the
then next session of Parliament, and made perpetual by an Act of the
sixth year of the reign of his late Majesty King George the First: And
'whereas by an Act passed in the seventh year of the reign of King
James the First, for the due execution of divers laws and statutes here-
tofore made against rogues vagabonds and sturdy beggars and other
lewd and idle persons, it is (amongst other things) enacted, That there
'shall be erected built or otherwise provided within every county of
this realm of England and Wales, where there is not one house of cor-
rection already built provided or continued, one or more fit and conve-
nient house or houses of correction by the justices of the peace or the
more part of them at their respective quarter sessions; and that the
master or governors of the said houses of correction shall have such sums

No. I.

12 Geo. II.

c. 29.

' of money yearly as shall be thought meet by the said justices; the
same to be paid quarterly before hand by the treasurers appointed by an
'Act made in the three-and-fortieth year of the late Queen Elizabeth,
'intituled, An Act for the Relief of the Poor; which said Act was to
'continue for seven years and till the end of the next session of Parlia-
ment, and was further continued by an Act passed in the third year of 43 Eliz. c. 2.
the reign of King Charles the First, intituled An Act for the Continu-
ance and Repeal of divers Statutes, unto the end of the first session of the
next Parliament; and by an Act passed in the sixteenth year of the
same reign continued in force until repealed by some other Act of Par-
⚫liament: And whereas by an Act passed in the forty-third year of the
reign of Queen Elizabeth, intituled An Act for the Relief of the Poor,
it is (amongst other things) enacted, That the justices of the peace of
every county or place corporate or the more part of them in their gene-
'ral sessions to be holden next after the Feast of Easter, and so yearly as
' often as they shall think meet, shall rate every parish to such a weekly
'sum of money as they shall think convenient, so as no parish be rated
above the sum of sixpence nor under the sum of an halfpenny weekly
to be paid, and so as the total sum of each taxation of the parishes in
every county amount not to above the rate of two pence for every pa-
'rish within the said county and it is thereby likewise enacted, That
'the justices of the peace at their general quarter sessions to be holden
at the time of such taxation shall set down what competent sums of
money shall be sent quarterly out of every county or place corporate for
the relief of the poor prisoners of the King's Bench and Marshalsen ;
' and also of such hospitals and alms-houses as shall be in the said
county, and what sums of money shall be sent to every one of the said
hospitals and alms-houses; so as there be sent out of every county
yearly twenty shillings at the least to each of the said prisons of the
King's Bench and Marshalsea; which sums are rateably to be assessed
upon every parish and to be levied and collected as in and by the said Act

' is directed: And whereas by an Act passed in the fourteenth year of the 14 Eliz. c. 5.
reign of Queen Elizabeth, intituled An Act how Vagabonds shall be
punished and the Poor relieved, it is enacted, That the justices of the
peace of every county or the more part of them in their general quarter
'sessions shall rate every parish at such reasonable sums of money for
the relief of prisoners as they shall think convenient, so as no parish
'be rated above six pence or eight pence weekly; and the churchwardens
of every parish shall levy the same every Sunday, and once in every quar-
ter pay the said sums to the high constable or other head officers; and
'the said high constables and head officers shall pay the money received
of the said churchwardens to such person as shall be appointed by the
'said justices in sessions, to be by them distributed weekly for the relief
' of prisoners; so much of which said Act as relates to the taxing levy-
ing receiving and employing of gaol money was revived and continued
to the end of the next session of Parliament by an Act passed in the
first year of the reign of King James the First, intituled An Act
for continuing and reviving of divers Statutes and for repealing of some
others; and was further continued by an Act passed in the twenty-
• first year of the reign of the said King James, intituled An Act for con-
tinuing and reviving of divers Satutes and repealing of divers others; and
'was further continued to the end of the next session of Parliament by
an Act passed in the third year of the reign of King Charles the First,
intituled An Act for the Repeal and Continuance of divers Statutes; and
by an Act passed in the sixteenth year of the same reign was continued
in force until repealed by some other Act of Parliament: And whereas
by an Act passed in the nineteenth year of the reign of King Charles
the Second, intituled, dn Act for Relief of poor Prisoners and setting 19 Car. II. c. 4.
them on Work, it is (amongst other things) enacted, That the justices
of the peace at their general sessions or the major part of them if they
think fit may provide a stock of materials for setting poor prisoners on
work, in such manner and by such ways as other county charges are
levied and raised, and provide and pay fit persons to oversee such work

i

No. I. ' and make such orders concerning the premises as they from time to 'time shall think fit, provided that no parish be rated above six pence by 12 Geo. II. the week towards the premises: And whereas an Act passed in the

c. 29.

12 Annæ. st. 2. c. 23.

'twelfth year of the reign of her late Majesty Queen Anne for reducing 'the laws relating to rogues sturdy beggars and vagrants into one Act of Parliament, and for the more effectual punishing such rogues vaga'bonds sturdy beggars and vagrants and sending them whither they ought to be sent, it is (amongst other things) enacted, That the justices of the peace at their quarter sessions may from time to time when need shall be, by such ways and means as monies for county gaols or bridges may be raised, cause such sums of money to be raised within their respective precincts and jurisdictions for the passing and conveying or 'maintaining of rogues and vagabonds as shall be necessary for those 'purposes: which said several rates when collected are to be paid by vir'tue of the said several Acts into the hands of treasurers or receivers to be <appointed by the justices at their respective general or quarter sessions of the peace, and to be accounted for as in and by the said several respective "Acts are recited And whereas it is apparent that the manner and me'thods prescribed by the said several Acts for collecting some of the said rates are impracticable, the sums charged on each parish in the respective 'divisions being so small that they do not by an equal pound rate amount to more than a fractional part of a farthing in the pound on the several 6 persons thereby rateable; and if possible to have been rated, the expence of assessing and collecting the same would have amounted to more than 'the sum rated: And whereas many and great doubts difficulties and incon❝veniences have arisen in making and collecting other of the said rates; < therefore that the good ends and purposes of the said several statutes 'may be answered and the several sums of money thereby intended to be raised may effectually be collected with as much ease and certainty and as little expence as can be to the parties obliged by the said laws to pay the same; Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of September one thousand seven hundred and thirty-nine the justices of the peace in that part of Great Britain called England, within the respective limits of their commissions at their general or quarter sessions, (1.) or the greater part of them then and there assembled, shall have full power and authority from time to time to make one general rate or assessment for such sum or sums of money as they in their discretions shall think sufficient to answer all and every the ends and purposes of the before-recited Acts, instead and in lieu of the several separate and distinct rates directed 13 Geo. 2. c. 18. thereby to be made levied and collected; which rate shall be assessed

Justices to make general Assessment, instead of the several Rates appointed by several Acts.

The Power of the Justices is extended to

(1.) A Charter granting jurisdiction to Borough Justices over a district not within the borough, without words of exclusive jurisdiction, does not exclude the County Justices from rating the district to a County Rate: therefore, where, by Charters Ed. 4. & H. 7. to the Borough of Leicester, the Borough Justices have exclusive jurisdiction within the Borough, with a non-intromittant as to the County Justices; and by another Charter, Eliz. all houses, &c. within the Parish of St. Mary in Leicester, are put upon the government and jurisdiction of the Borough Justices, saving to all persons their rights and jurisdictions: Held: that the Justices for the County of Leicester might well impose a County Rate upon a part of the parish of St. Mary, which lies within the County, and not within the Borough, although a Rate in the nature of a County Rate had been previously imposed for the same time by the Borough Justices; and although it

appeared that in one instance only, in 1684, this part of the parish had contributed to the Rate for the County at large, and that from 1768 to the present time, Rates in the nature of County Rates had been assessed upon the parish at large by the Borough Justices; for before the Charter of Eliz. this part of the parish could not have been contributory to the Borough Rates, and must have been by law contributing to the County Rates, and the Charter did not vary the place to which it should contribute from the County to the Borough; and though there was no poor rate, or petty constable, or other peace officer for this part of the parish, out of which the rate might be levied by Stat. 12 Geo. 2. c. 29. yet the Statute does not on that account transfer the right from the County to the Borough Justices, and the 44 Geo. 3. c. 34. §9 (local act) supplies any defect which there might be in 12 Geo. 2. c. 29. to warrant the levy. Bates v. Winstanley, 4 M. & S. 429.

upon every town parish or place within the respective limits of their commissions in such proportions as any of the rates heretofore made in pursuance of the said several Acts have been usually assessed; and the several and respective sums so assessed upon each and every town parish or place within the respective limits of their commissions shall be collected by the high constables of the respective hundreds and divisions in which any town parish or place doth lie in such manner and at such times as is herein-after directed.

No. I.

12 Geo. II.

c. 29.

II. And that the respective sum or sums so to be assessed and collected may be well and truly paid to the respective high constables, Be it further enacted by the authority aforesaid, That the churchwardens and To be paid out overseers of the poor for the time being of each and every parish and of the Poor's place within the respective counties cities and liberties in which they Parish to the Rate of every respectively lie, shall and they are hereby required out of the money High Constacollected or to be collected for the relief of the poor of such parish or ble place, to pay to the high constables of the respective hundreds or divisions of the said counties cities and liberties the respective sum or sums of money so rated and assessed upon such parish or place within the space of thirty days after demand thereof nade in writing to be given to the said churchwardens or overseers of the poor or any of them, or left at their or either of their dwelling-house or houses or affixed on any of the church-doors of such parish or place to which such officer shall belong, by the said high constable or high constables of the respective hundreds or divisions; which demand the respective high constable or high constables is and are hereby required to make at such times as the said justices of the peace or the greater part of them shall by their order in sessions direct; and the receipt or receipts of such high constable or high constables shall be a full and sufficient discharge to such churchwardens and overseers of the poor or other person paying the same, and shall be allowed in their accounts as such by the justices of the peace before whom such account shall be passed: And in case such churchwardens or to be levied and overseers of the poor or any of them shall neglect or refuse to pay on them by any the sum or sums of money hereby assessed after demand made as Distress. aforesaid, such high constable or high constables shall and they are hereby empowered to levy the same by distress and sale of the goods and chattels of such churchwardens and overseers or either of them, so refusing or neglecting to pay the same as aforesaid, by warrant under the hands and seals of two or more justices of the peace of the county riding division city town corporate liberty or place residing in or near such parish or place; rendering the overplus, if any there shall be after deducting the money assessed and the charges of the distress and sale, to the owner or owners thereof.

III. Provided nevertheless and be it enacted by the authority aforesaid, Where there is That in case no rate is or shall be made for the relief of the poor in any no Poor's Rate parish township or place, the justices of the peace in their respective the Petty Congeneral or quarter sessions, or the greater part of them then and there stable of the assembled, shall and may by their order direct the sum of money assessed Place to levy on such parish township or place for the purposes of this Act to be rated and pay the and levied on any such parish township or place by any petty constables County Rate. or other peace officer of or belonging to the same in such manner as money for the relief of the poor is by law to be rated or levied; which sum so rated and levied shall be paid by such petty constable or other peace officer to the respective high constable for the hundred division or liberty wherein such parish township or place shall lie, and shall be demanded of paid by or levied on such petty constable or other peace officer in the same manner as any rates are herein-before directed to be demanded of paid by and levied on the churchwardens and overseers of the poor or any of them; and if such petty constable or other peace officer shall pay such sum before the same shall be so by him rated and levied as aforesaid, he may afterwards rate and levy the same or shall and may be allowed and reimbursed the said sum of money out of any constables or other rate made or to be made on any such parish township or