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A50654 A guide for constables, churchwardens, overseers of the poor, surveyors of the highways, treasurers of the county stock, masters of the house of correction, bayliffs of mannours, toll-takers in fairs &c. a treatise briefly shewing the extent and latitude of the several offices, with the power of the officers herein, both by common law and statute, according to the several additions and alterations of the law, till the 20 year of His Majesties reign / collected by Geo. Meriton, gent. Meriton, George, 1634-1711. 1669 (1669) Wing M1793; ESTC R35040 100,385 287

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into the Kingdom of England Dominion of Wales of Town of Barwick upon Tweed in such case the Constable Tythingman Headburrough Churchwardens or Overseers of the Poor or any of them within their respective Liberties Parishes or places may take and seiz the same and keep the same during the space of eight and forty hours in some publick or convenient place where such seizure shall be made within which time if the owner or owners or any for him or them shall make it appear unto some Justice of Peace of the same County where the same shall be so seized by the Oath of two credible witnesses that the same were not imported from Ireland or from any other place beyond the Seas except the Isle of Man then the same upon the Warrant of such Justice of Peace are to be delivered to the owner or owners without delay 18. Car. 2. Ch. 2. But in default of such proof and Warrant then the same to be forfeited and one half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found and seized and the other half thereof to his or their own use that shall so seiz the same 18. Car. 2. Ch. 2. Such Cattel as are Imported from the Isle of Man before excepted into England c. are not to exceed the number of six hundred in one year and they are to be of no other breed than of the breed of the Isle of Man and all to be landed at the Port of Chester or some of the members thereof and not elsewhere and this Act continues for seven years and from thence to the end of the first Session of the next Parliament 18. Car. 2. Ch. 2. CHAP. VII The Constables Office about Chimney Money THe High Constables and Petty Constables Duties about Chimney money by the 14. Car. 2. Ch. 10. and the 15. Car. 2. Ch. 13. is now much altered and particular Officers appointed for that purpose 16. Car. 2. Ch. 3. All Justices of Peace Chief Magistrates Treasurers and Under-Treasurers Constables and other his Majesties Officers are within their several Limits and Jurisdictions to be aiding and assisting to his Majesties Officers appointed for the collecting of the duty of Hearth-money 16. Car. 2. Ch. 3. The Officers appointed by his Majesty for the Chimney money once every year being accompanied with the Constable or Tythingman Treasurer or Under Treasurer or other publick Officer of the place and in all Parishes and places where there are no Constables Tythingmen or other publick Officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other house Edifice Lodgings and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what are increased and decreased since the last Certificate and if they find any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his and their hands to the Clerk of the Peace c. 16. Car. 2. Ch. 3. If the party after Demand made by his Majesties Officers or their Deputies at the house chamber or place where the duty shall arise or grow due make default or refuse to pay by the space of one hour after such demand then the Officer or his Deputy may at any time with the assistance of the Constable Tythingman or other Officer as aforesaid in the day time levy the said duty and all the Arrearages thereof by distress and sale of the Goods of the party or parties so refusing or making default rendering the overplus to the owners over and above the duty and Arrearages and necessary charges of taking the Distress which Charges arenot to exceed one Moiety of the Duty and Arrearages 16. Car. 2. Ch. 3. Note that no Arrearages of Hearth-money are to be distreyned for after the space of two years next after such duty becomes due and if any violence opposition or injury be done by any person or persons to any of his Majesties Officers or their Deputies in the due execution of their Office and the same proved by Oath before any one Justice of the Peace or chief Magistrate c. such Justice or chief Magistrate c. if they think fit may send the offender to the Common Gaol for any time not exceeding one month 16. Car. 2. Ch. 3. The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney mony by them collected within their Constableries and are to pay nothing to the Collectors for their Aquittances 16. Car. 2. Ch. 3. CHAP. VIII The Constables Office about Conventicles IF any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring Distraining and Selling the Estate or Goods of any Seditious Conventiculer to be Transported or neglect to distrain and sell the Goods and Chattels of such offender for the levying of such sums of money as shall be imposed on them for the first and second offence in such cases the Officer for his neglect shall forfeit five pounds the one moiety to the King and the other to him that sues for the same in any of the Kings Courts of Records 16 Car. 2. Ch. 4. Note if any person be any time sued for putting in execution any of the powers in the Act against Conventicles such person shall and may plead the general issue and give the special matter in Evidence and if the Plaintiff be Non-suit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant shall have his or their trebble costs 16. Car. 2. Ch. 4. CHAP. IX The Constables Office about Clothiers THe Constables and other Officers upon Request to them made are to be aiding and assisting to the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich Stuffs made within the City of Norwich and County of Norfolk 14. Car. 2. Ch. 5. The Constables also within the West-Riding of the County of York are upon Warrant from the Justices of Peace Masters and Wardens of the Corporation of Clothiers within the said Riding or any Thirteen of them to levy such Fines Forfeitures and Penalties as shall grow due from any Clothier by vertue of the Act of the 14. Car. 2. by distress and sale of the Offenders Goods rendring the overplus to the owner upon Demand 14. Car. 2. Chap. 31. The makers of Cloth must pay to their Carders Spinners and other Labourers their wages in ready money and not in Wares and shall deliver them Wool according to due weight on pain to forfeit six pence for every default and the Carders Spinners Weavers Fullers Dyers Shearmen
be chosen by the major part of the Justices of the said Counties at their Quarter Sessions of the most able Inhabitants and Freeholders of the said Counties of Middlesex and Surrey for the Corporation or Corporations Work or Work-houses of the said Counties 14. Car. 2. Ch. 12. 8. And upon Vacancy Death or otherwise of any of the Presidents Deputy Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey the major part of the Justices at their General Quarter Sessions have power to elect others in their rooms and at every Quarter Sessions the said Justices are to take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how and how many poor people have been imployed and set to work in the year last past and what Stock there was and is remaining 14. Car. 2. Ch. 12. 9. The President Deputy President Treasurers and Assistants aforesaid shall be Bodies Politick and Corporate for ever and shall have a perpetual Succession and may sue plead and be impleaded by the Name of President and Governours of the Poor for the respective places aforesaid in all Courts and places of Judicature within the Kingdom of England and Wales c. and may without Licence in Mortmain Purchase or receive any Lands c. not exceeding the yearly value of 3000 l. per annum of the Gift Alienation or Devise of any person or persons and every of the Corporations may keep Courts for the ends and purposes in the Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are upon the desire of any four of the said Corporation at any time to cause a Court to be warned accordingly and may from time to time make Common Seals for the use of the Respective Corporations 14. Car. 2. Ch. 12. 10. The Respective Presidents and Governours of the said Corporations or any two of them or any person authorized and appointed by them of any two of them may from time to time apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or idle and disorderly persons within the said Cities and Liberties Places Divisions and Precincts and cause them to be kept and set to work in the several and respective Corporations or Work-houses 14. Car. 2. Ch. 12. 11. If the President and Governours of any of the said Corporations shall certifie under their Seals at any time their want of mony for a Stock and what Sum they think fit for the same to the Common Counsel of the City of London and the Burgesses and Justices of Peace in their Quarter Sessions for Westminster or to the Justices of the respective Counties for Middlesex and Surrey in their Quarter Sessions then they are from time to time to set down and ascertain such competent sums of mony for the purposes aforesaid not exceeding one years Rate usually set upon any person for and towards the Relief of the Poor and the same to proportion out of the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit and according to the said Proportions for the said several Wards Precincts and Parishes to Tax and Rate the several Inhabitants within the said respective Wards Precincts and Parishes in which Tax if any shall find himself agrieved he or they are to appeal to the Justices of the Peace at their next open Sessions where the business is to be finally ended 14. Car. 2. Ch. 12. 12. And any Alderman of London or his Deputy Burgesses and Justices of Peace of the Counties of Middlesex and Surrey by Warrant under their Hands and Seals may Authorize the Church-wardens or Overseers of the Poor within the places and Parishes aforesaid to receive and demand of every person and persons such sums of mony as shall be assessed upon them by vertue of the Taxations and Constitutions aforesaid and for default of payment within ten days after demand or notice left at the dwelling house or lodging of every person assessed then to levy the same by Distress and Sale of his Goods rendring him the overplus 14. Car. 2. Ch. 12. 13. The Respective President and Governours or seaven of them may make and constitute Orders and By-laws for the better relieving regulating and setting the Poor to work apprehending and punishing of Rogues and Vagabonds within the Cities Liberties and places aforesaid provided the said By-Laws be presented to the Justices of Peace at their Quarter Sessions and confirmed by the order of the said Court And the Presidents and Governours or four of them of any of the said Corporations or Work-houses may choose and entertain all such Officers as shall be needful to be imployed in and about the premisses and remove them as they see cause and make such reasonable allowances unto them out of the Stock belonging to the Work-house as they shall think fit 14. Car. 2. Ch. 12. 14. This Act is not to prejudice any the Franchises Rights Liberties or Priviledges heretofore granted by any Kings or Queens of this Realm to the Dean and Chapter of the Collegiate Church of St. Peter's in Westminster 14. Car. 2. Ch. 12. FINIS A GUIDE FOR Bayliffs of Mannours 1. THe Bayliff of a Mannour is an Officer chosen by the Lord of the Mannour ' and this Officer by the ancient Saxons was called a Reeve for the name Bayliff was not known among them but came in with the Normans it seems Termes de Ley verb. Bayliff 2. This Officer is to Summon and call the Lords Courts and to collect his Rents Fines Harriots Amerciaments and other profits hapning within the Mannour as they grow due and he may seiz or distrain for them ex Officio where seizure and distress is justifiable without any special command of the Lord he may also pay Quit-Rents Termes de Ley ubi supra 3. It is said he may also order his Lords Husbandry distrain Beasts damage Feasant repair any Houses Hays or Pales and for that purpose cut down Timber or Trees but it is not safe for him to build a new House or set up an old House that is faln or to make any new Additions or Alterations as to Tyle the House which before was Thatched or pale it where before it was hedged or the like without a special command from his Lord so to do for otherwise he will be a Trespasser to the Lord. 4. It is said also that he may take any Cattel for his Lord to compast his ground as an Agistment and cut down Underwoods that have been used to be cut and he is to over-see and order the Labour of other Labourers and Servants under him about his Lords work 5. And lastly These Officers are to give Account to their Lords of all their Receipts and Disbursements and pay in to him the mony remaining in their hands being required thereunto and