Page:Ruffhead - The Statutes at Large - vol 6.djvu/644

 Anno decimo feptimo Georgii II. A.D. 1744. intituled, An ASl for /applying fome Defeats in the Laws for the Relief of the Poor of this How f.ir Ju- stices fh:jU five Relief on Ap- peals.. Clauie relating to Warrants ot Difttei's. vexatious Ac tions againft Overfeers. 57 3 C. 38. the Third, Kingdom. Provifo for Cor- ^ V. Provided always, That in all Corporations or Franchifes who have not four Juftices of the Peace portions, Sec. {£ fl ia ]T ;in[ ] ma y [j e ] av/ f u ] f or an y p er f on or Perfons in any of the Cafes aforefaid, where an Appeal is given by this Act, to appeal, if he or they fhall think fit, to the next General or Quarter Seffions of the Peace tor the County, Riding or Divifion wherein fuch Corporation or Franchife is lituate. ' VI. And whereas it hath been held, that upon Appeals from Rates and Afleffments, the Juftices of ' the Peace may not only quafh the old Rates, but make new Rates and Affeffments, from which no ' Appeal can he had ;' Be it enacted by the Authority aforefaid, That upon all Appeals from Rates and Affeffments, the Juftices of the Peace (where they fhall fee juft Caufe to give Relief) (hall and are hereby required to amend the fame, in fuch Manner only as fhall be neceffary for giving fuch Relief, without altering fuch Rates or AfTelTments, with refpect to other Perfons mentioned in the fame ; but if upon an Appeal from the whole Rate, it fhall be found neceffary to quafh or fet afide the fame, then and in every fuch Cafe, the (aid Juftices fhall and are hereby required to order and direct the Churchwardens and Overfeers of the Poor to make a new equal Rate or AlTeflment, and they are hereby required to make the fame accordingly. VII. And for the more effectual levying Money aiTefTed for the Relief of the Poor, Be it enacted by the Authority aforefaid, That the Goods of any Perfon alTeffed, and refufing to pay, may be levied by Warrant of Diftrefs, not only in the Place for which fuch AfTefTment was made, but in any other Place within the fame County or Precinct ; and if fuflicient Diftrefs cannot be found within the faid County or Precinct, on Oath made thereof before fome Juftice of any other County or Precinct (which Oath fhall be certified under the Hand of fuch Juftice on the faid Warrant) fuch Goods may be levied in fuch other County or Precinct by virtue of fuch Warrant and Certificate ; and if any Perfon fhall find Appeal to Quar- hjm or herfelf aggrieved by fuch Diftrefs as aforefaid, it fhall and may be lawful for fuch Perfon to appeal er- e ions. tQ ^ next Q enera ] or Quarter Seffions of the Peace for the County or Precinct where fuch AffelTment was made, and the Juftices there are hereby required to hear and finally determine the fame, prevent VIII. And to prevent all vexatious Actions againft Overfeers of the Poor, Be it enacted by the Au- thority aforefaid, That where any Diftrefs fhall be made for any Sum or Sums of Money juftly due for the Relief of the Poor, the Diftrefs itfelf fhall not be deemed to be unlawful, nor the Party or Par- ties making it be deemed a TrefpalTer or Trafpaffers, on account of any Defect, or Want of Form in the Warrant for the Appointment of fuch Overfeers, or in the Rate or AfTefTment, or in the Warrant of Diftrefs thereupon ; nor fhall the Party or Parties diftraining be deemed a TrefpafTer or Trefpaffers ab initio, on account of any Irregularity, which fhall be afterwards done by the Party or Parties diftraining, but the Party or Parties aggrieved by fuch Irregularity, fhall or may recover full Satisfaction for the Spe- cial Damage, he, fhe or they fhall have fuftained thereby, and no more, in an Action of Trefpafs or on the Cafe, at the Election of the Plaintiff or Plaintiffs. IX. Provided always, That where the Plaintiff or Plaintiffs fhall recover in fuch Action, he, fhe or they fhall be paid his, her or their full Cofts of Suit, and have all the like Remedies for the fame as in other Cafes of Cofts. X. Provided neverthelefs, That no Plaintiff or Plaintiffs fhall recover in any Action for any fuch Irre- gularity as aforefaid, if Tender of Amends hath been made by the Party or Parties diftraining before fuch Action brought. XI. And be it further enacted by the Authority aforefaid, That in cafe any Perfon or Perfons fhall re- " fufe or neglect to pay to fuch Overfeers as aforefaid, any Sum or Sums of Money that he, fhe or they burfethefoimer. ma 'l De legally rated or affeffed to, it fhall and may be lawful to and for the fucceeding Overfeers, and they are hereby required to levy fuch Arrears, and out of the Money fo levied to reimburfe their Prede- ceflbrs all Sums of Money which they have expended for the Ufe of the Poor, and which are allowed to be due to them in their Accounts as aforefaid. ' XII. And whereas Perfons frequently remove out of Parifhes and Places without paying the Rates ' aiTefTed on them, and other Perfons do enter and occupy their Houfes or Tenements Part of the Year, ' by reafon whereof great Sums are annually loft to fuch Parifhes and Places ;' Be it therefore enacted by the Authority aforefaid, That where any Perfon or Perfons fhall come into, or occupy any Houfe, Land, Tenement or Hereditament, or other Premiffes, out of or from which any other Perfon aiTefTed fhall be removed, or which at the Time of making fuch Rate was empty or unoccupied, that then every Perfon fo removing from, and every Perfon fo coming into or occupying the fame, fhall be liable to pay to fuch Rate, in Proportion to the Time that fuch Perfon occupied the fame reflectively, in the fame Manner, and under the like Penalty of Diftrefs, as if fuch Perfon fo removing had not removed, or fuch Perfon fo coming in or occupying, had been orginally rated and aiTefTed in fuch Rate ; which faid Proportion, in cafe of Difpute, fhall be afcertained by any two or more of his Majefty's Juftices of the Peace. XIII. And be it further enacted by the Authority aforefaid, That true and juft Copies of all Rates and Affeffments hereafter to be made for the Relief of the Poor, be fairly wrote and entered in a Book or Books to be provided for that Purpofe, by the Churchwardens and Overfeers of the Poor of every Pa- rifh, Townfhip or Place, who fhall take Care that fuch Copies be wrote and entered accordingly, within fourteen Days after all Appeals from fuch Rates are determined, and fhall atteft the fame by put- ting their Names thereto; and all and every fuch Book or Books fhall be carefully preferved by the Churchwardens and Overfeers of the Poor for the Time being, or one of them, in fome publick or other Place, in every fuch Parifh, Townfhip or Place, -whereto all Perfons alTeffed, or liable to be aiTeiTed ma' y Plaintiffs reco* vering, to have full Cofts. Provifo in cafe of Irregularity. Succeeding Over leers to levy Ar- rears, to reim- Claufe concern- ing Perfons re- moving out of Parifhes. Copies of Rates to be entered in a Book, to he kept for tothek f erufal.