County Rates Act 1738
| Jurisdiction | UK Non-devolved |
(12 Geo. 2) C A P. XXIX.
'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 Actpassed 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 Insufficiency or Inconveniency of their Gaol or Prison, to conclude and agree upon such Sum or Sums of Money, as upon Examination of able and sufficient Workmen shall be thought necessary for the building, finishing and repairing a publick 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 Number 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 heretofore 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 ofEngland and Wales , where there is not one House of Correction already built, provided or continued, one or more fit and convenient 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 of Money yearly as shall be thought meet by the said Justices; the same to be paid quarterly beforehand, by the Treasurers appointed by an Act made in the three and fortieth Year of the late Queen Elizabeth , intituled, ; which said Act was to continue for seven Years, and till the End of the next Session of Parliament, and was further continued by an Act passed in the third Year of the Reign of King Charles the First, intituled,An Act for the Continuance 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 Parliament: 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 General 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 six Pence, 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 Parish 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 Marshalsea ; 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 Reign of Queen Elizabeth , intituled, ; 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 everySunday , and once in every Quarter pay the said Sums to the high Constables or other head Officers; and the said high Constables and head Officers shall pay the Money received of the said Churchwardens to such Persons 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, levying, receiving and employing of Gaol Money, was revived and continued to the End of the then 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 continuing and reviving of divers Statutes, and repeal 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 diver 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 Reignof King Charles the Second, intituled,An Act for Relief of poor Prisoners, and setting 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, and make such Orders concerning the Premisses, as they from time to time shall think fit, provided that no Parish be rated above six Pence by the Week towards the Premisses: And whereas an Act passed in the twelfth Year of the Reign of her late Majesty QueenAnne , for reducing the Laws relating to Rogues, Sturdy Beggars and Vagrants, into one Act of Parliament, and for the more effectual punishing such Rogues, Vagabonds, 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 virtue 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 Methods 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 Persons thereby ratable; 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 Inconveniencies 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...
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