CLASS 1X. PART I. after notice given, to pay or satisfy any such sum of money, as upon such complaint and proceeding shall by two or No. 3. more Justices of the Peace be adjudged as aforesaid, in Stat. 7 & 8 every such case the Constables and Church-wardens of the W. 3. c. 6. said parish, or one of them, shall, by warrant under the ter notice, hands and seals of the said Justices to them directed, disthe Con - train the goods and chattels of the party so refusing or negstables, &c. lecting, as aforesaid; and after detaining them by the space may dis train. of three days, in case the said sum so adjudged to be paid, together with reasonable charges for making and detaining the said distress, be not tendered or paid by the said party in the mean time, shall and may make public sale of the same, and pay to the party complaining so much of the money arising by such sale as may satisfy the said sum so adjudged; retaining to themselves such reasonable charges for making and keeping the said distress, as the said Justice shall think fit, and shall render the overplus (if any be) to the owner. Justices to administer and an oath. tend to London, &c. IV. Provided_always, and be it enacted, That it shall may be lawful for all Justices of Peace, in the examination of all matters offered to them by this Act, to administer an oath or oaths to any witness or witnesses, where the same shall be necessary for their information, and for the better discovery of the truth. Not to ex- V. Provided also, and be it enacted, That this Act, or any thing herein contained, shall not extend to any tithes, oblations, payments, or obventions, within the city of London, or liberties thereof, nor to any other city or town corporate where the same are settled by any Act of Parliament in that case particularly made and provided. No com VI. Provided also, and be it enacted, That no complaint plaint to he for or concerning any small tithes, offerings, oblations, obless made ventions, or compositions hereafter due, shall be heard and within two determined by any Justices of the Peace, by virtue of this heard, un years. Persons aggrieved may appeal to the Act, unless the complaint shall be made within the space of two years next after the times that the same tithes, oblations, obventions, and compositions did become due or payable; any thing in this Act contained to the contrary not withstanding. VII. Provided also, and be it enacted, That any person finding him, her, or themselves aggrieved, by any judgment to be given by any two Justices of the Peace, shall and may Sessions. appeal to the next General Quarter Sessions to be held for that county, riding, city, town corporate, or division; and the Justices of the Peace there present, or the major part of them, shall proceed finally to hear and determine the PART I. CLASS IX. If judg ment be matter, and to reverse the said judgment, if they shall see cause; and if the Justices then present, or the major part of them, shall find cause to confirm the judgment given by No. 3. the first two Justices of the Peace, they shall then decree Stat. 7 & 8 the same by order of Sessions, and shall also proceed to W.3. c. 6. give such costs against the Appellant, to be levied by distress and sale of the goods and chattels of the said Appellant as to them shall seem just and reasonable; and no pro- confirmed, ceedings or judgment had, or to be had by virtue of this Act, shall be removed or superseded by virtue of any writ &c. of Certiorari, or other writ out of his Majesty's Courts at Westminster, or any other Court whatsoever, unless the title of such tithes, oblations, or obventions, shall be in question; any law, statute, custom, or usage, to the contrary notwithstanding. Justices to give costs, of, insist tices not to VIII. Provided always, and be it enacted, That where Persons any person or persons complained of for substracting or complained withholding any small tithes, or other duties aforesaid, shall, ing on any before the Justices of the Peace to whom such complaint is compomade, insist upon any prescription, composition, or modus sition, &c. and giving decimandi, agreement, or title, whereby he or she is or ought security to be freed from payment of the said tithes or other dues in to pay question, and deliver the same in writing to the said Justices costs, Jusof the Peace, subscribed by him or her, and shall then give give judg to the party complaining reasonable and sufficient security, ment. to the satisfaction of the said Justices, to pay all such costs and damages, as upon a trial at law, to be had for that purpose, in any of his Majesty's Courts, having cognizance of that matter, shall be given against him, her, or them, in case the said prescription, composition, or modus decimandi, shall not upon the said trial be allowed; that in that case the said Justices of the Peace shall forbear to give any judgment in the matter; and that then, and in such case, the person or persons so complaining shall and may be at liberty to prosecute such person or persons for their said substraction, in any other Court or Courts whatsoever, where he, she, or they might have sued before the making of this Act; any thing in this Act to the contrary notwithstanding. rolled at IX. And be it further enacted by the authority afore- Judgment said, That every person and persons, who shall by virtue of to be enthis Act obtain any judgment, or against whom any judg- the next ment shall be obtained, before any Justices of the Peace out Sessions of Sessions, for small tithes, oblations, obventions, or com- by the positions, shall cause or procure the said judgment to be the Peace, enrolled at the next General Quarter Sessions to be holden &c. IX. PART I. for the said county, city, riding, or division; and the Clerk CLASS of the Peace for the said county, city, riding, or division, is No. 3. hereby required, upon tender thereof, to enrol the same; Stat. 7 & 8 and that he shall not ask or receive for the enrolment of any W.3. c. 6. one judgment any fee or reward exceeding one shilling; moving, Justices may certify the judgment, &c. and that the judgment so enrolled, and satisfaction made by paying the same sum so adjudged, shall be a good bar to conclude the said Rectors, Vicars, and other persons, from any other remedy for the said small tithes, oblations, obventions, or compositions, for which the said judgment was obtained. Persons re- X. And be it further enacted by the authority aforesaid, That if any person or persons, against whom any such judgment or judgments shall be had as aforesaid, shall remove out of the county, riding, city, or corporation, after judgment had as aforesaid, and before the levying the sum or sums thereby adjudged to be levied, the Justices of the Peace who made the said judgment, or one of them, shall certify the same, under his or their hands and seals, to any Justice of Peace of such other county, city, or place, wherein the said person or persons shall be inhabitants; which said Justice is hereby authorized and required, by warrant under his hand and seal, to be directed to the Constables or Church-wardens of the place, or one of them, to levy the sum or sums so adjudged to be levied, as aforesaid, upon the goods and chattels of such person or persons, as fully as the said other Justices might have done, if he, she, or they had not removed as aforesaid; which shall be paid according to the said judgment. Justices may give costs not exceeding 10s. Double costs. XI. Provided always, and be it enacted, That no Vicar or other person shall have remedy to recover small tithes, or other dues aforesaid, which became or were due before the making of this Act, unless complaint be made to the Justices of the Peace in form aforesaid, before the first day of October, which shall be in the year of our Lord one thousand six hundred ninety-six. XII. And it is hereby declared and enacted, That the said Justices of the Peace, who shall hear and determine any of the matters aforesaid, shall have power to give costs, not exceeding ten shillings, to the party prosecuted, if they shall find the complaint to be false and vexatious; which costs shall be levied in manner and form aforesaid. XIII. Provided also, and be it further enacted, That if any person or persons shall be sued for any thing done in execution of this Act, and the plaintiff in such suit shall dis continue his action, or be nonsuit, or a verdict pass against PART I. him, that then, in any of the said cases, such person or per- CLASS sons shall recover double costs. IX. No. 3. XIV. Provided always, That any Clerk, or other person Stat. 7 & 8 or persons, who shall begin any suit for recovery of small W. 3. c. 6. tithes, oblations, or obventions, not exceeding the value of Suits for forty shillings, in his Majesty's Court of Exchequer, or in tithes not any of the Ecclesiastical Courts, shall have no benefit by exceeding this Act, or any clause in it, for the same matter for which 40s. to have he or they have so sued. no benefit by this Act. XV. Provided always, and be it further enacted, That Act to conthis Act shall continue for the space of three years, and tinue three from thence to the end of the next session of Parliament, years. and no longer. [Made perpetual 3 Anne, c. 18.] Anno 7 & 8 GULIELMI III. Cap. 34. Sect. 4, 5. An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form. No. 4. &c. Jus what is due, may to, if the sum be 485. IV. AND whereas by reason of a pretended scruple of If Quakers conscience, Quakers do refuse to pay tithes and church refuse to pay tithes, rates; be it enacted by the authority aforesaid, That where any Quaker shall refuse to pay or compound for his great tices, on or small tithes, or to pay any church rates, it shall and may stating be lawful to and for the two next Justices of Peace of the same county (other than such Justice of the Peace as is compel Patron of the church or chapel, whence the said tithes do them thereor shall arise, or any ways interested in the said tithes,) upon the complaint of any Parson, Vicar, farmer, or pro- under 10%. prietor of tithes, Church-warden or Church-wardens, who See 1 Bur. ought to have, receive, or collect the same, by warrant under their hands and seals, to convene before them such Quaker or Quakers neglecting or refusing to pay or compound for the same, and to examine upon oath (which oath the said justices are hereby empowered to administer) or in such manner as by this Act is provided, the truth and justice of the said complaint, and to ascertain and state what is due and payable by such Quaker or Quakers to the party or parties complaining, and, by order under their hands and seals, to direct and appoint the payment thereof, so as the sum ordered, as aforesaid, do not exceed ten pounds; and upon refusal by such Quaker or Quakers to pay according to such order, it shall and may be lawful to and for any By Stat. 53 Geo. 3. c. 127. s. 6. post. extended to any value not exceeding 501. No. 4. Persons who are finally to PART I. one of the said Justices, by warrant under his hand and CLASS seal, to levy the money thereby ordered to be paid, by disIX. tress and sale of the goods of such offender, his executors Stat. 7 & 8 or administrators, rendering only the overplus to him, her, W. 3. c. 34. or them, necessary charges of distraining being thereout first deducted and allowed by the said Justice; and any aggrieved person finding him, her, or themselves aggrieved by any may appeal judgment given by such two Justices of the Peace, shall to the and may appeal to the next General Quarter Sessions to be Quarter Sessions, held for the county, riding, city, liberty, or town corporate; and the Justices of the Peace there present, or the major determine. part of them, shall proceed finally to hear and determine the matter, and to reverse the said judgment, if they shall see cause; and if the Justices then present, or the major part of them, shall find cause to continue the judgment given by the first two Justices of the Peace, they shall then decree the same by order of Sessions, and shall also proceed to give such costs against the Appellant, to be levied by distress and sale of the goods and chattels of the said ApNo judg- pellant, as to them shall seem just and reasonable; and no ment to be proceedings, or judgment had or to be had by virtue of superseded this Act, shall be removed or superseded by any writ of by Certiorari. Certiorari, or other writ out of his Majesty's Courts at Westminster, or any other Court whatsoever, unless the title of such tithes shall be in question. No. 5. Clause for the recovery of tithes, &c. from Quakers, 7 & 8 W.3.. c. 34. V. Provided always, That in case any such appeal be made as aforesaid, no warrant of distress shall be granted until after such appeal be determined. Anno 1 GEO. I. Stat. 2. Cap. 6. Sect. 2. An Act for making perpetual an Act of the seventh and eighth years of the reign of his late Majesty King William the Third, intituled An Act that the Solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form; and for explaining and enforcing the said Act in relation to the Payment of Tithes and Church-rates; and for appointing the Form of an Affirmation to be taken by the said People called Quakers, instead of the Oath of Abjuration. II. AND whereas by the said Act made in the seventh year of the reign of King William the Third, a remedy is provided for the recovery of Tithes and Church-rates, where any Quaker should refuse to pay the same: Be it enacted by the authority aforesaid, That such remedy shall be and is hereby extended, and the like remedy shall and may be See 1 Bur. 485. |
