Crown Lands (Forfeited Estates) Act 1698

LXXV. Persons charged, neglecting, &c. to pay, Distress issued, and Proceedings thereon.

Rate not paid in Four Days, appraised and sold for Payment, and Overplus to Owner; Houses, &c. may be broken open, calling in Constables, &c; Questions upon Distress determined by Commissioners;Persons conveying away Goods, &c; Commissioners may imprison (except Peers); Tenants to pay Rate, and may deduct; Landlords to allow such Deductions.

And be it further enacted and declared, That if any Person shall refuse or neglect to pay any Summe of Money whereat he shall be rated and assessed by this Act, upon Demand, by the said Collectors of that Place, according to the Precept or Estreates to him or them delivered by the said Commissioners, that then and in every such Case it shall and may be lawfull to and for the said Collectors, or any of them, and they are hereby authorized and required to levy the Summe assessed by Distresse and Sale of the Goods and Chattells of such Person soe refuseing or neglecting to pay, or to distraine upon the Messuages, Lands, Tenements and Premisses, soe charged with any such Summe or Summs of Money; And the Goods and Chattells then and there found, and the Distresse soe taken, to keepe by the Space of Four Daies, att the Costs and Charges of the Owners thereof; And if the said Owners doe not pay the Summe or Summs of Money soe rated or assessed, within the Space of the said Four Daies, then the said Distresse to be appraized by Two or more of the Inhabitants where the same shall be taken or other sufficient Persons, and to be sold, by the Collectors for the Payment of the said Money, and the Overplus coming by such Sale (if any be) over and above the Tax and Charges of takeing and keeping of the said Distresse, to be immediately returned to the Owners thereof; And moreover it shall be lawfull to breake open in the Day time any House, and upon Warrant under the Hands and Seales of any Two or more of the said Commissioners, any Chest, Trunck, Box, or other Things where any such Goods are, and to call to their Assistance the Constables, Tithingmen and Headboroughs, within the Counties, Rideings, Cities, Townes and Places where any Refusall, Neglect or Resistance shall be made; which said Officers are hereby required to be aiding and assisting in the Premisses, as they will answer the contrary att their Perills; And if any Question or Difference happen upon takeing such Distresse the same shall be ended and determined by the said Commissioners, or any Two or more of them, And if any Person or Persons shall neglect or refuse to pay his or their Assessment, by the Space of Four Daies after Demand, as aforesaid, or convey away his or their Goods, or other Personall Estate, whereby the Summs of Money soe assessed, cannot be levied according to this Act, in every such Case any Two or more of the Commissioners to be appointed, as aforesaid, for any City, County or Place are hereby authorized, by Warrants under their Hands and Seales, to committ such Person or Persons (except a Peer or Peeresse of this Realme) to the common Goal, there to be kept without Bail or Mainprise, untill Payment be made of the Money assessed, and the Charges for the bringing in of the same be paid, and no longer; And the severall [X1 &] respective Tenant or Tenants of all Houses, Lands, Tenements, and Hereditaments, which shall be rated by vertue of this Act, are hereby required and authorized to pay such Summe and Summs of Money, as shall be rated upon such Houses, Lands, Tenements or Hereditaments, and to deduct out of the Rent soe much of the said Rates as in respect of the said Rents of any such Houses, Lands, Tenements and Hereditaments, the Landlord should or ought to pay and beare; And the said Landlords both mediate and immediate, according to their respective Interests, are hereby required to allow such Deductions and Payments upon Receipt of the Residue of their Rents.

Editorial Information

X1 interlined on the Roll.