The King against The Inhabitants of the Artillery Ground in Tower Division, and Thomas Bray, Esquire
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1754 |
| Date | 01 January 1754 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 746
IN THE COURT OF EXCHEQUER
[167J easter term, 27 geo. 2, 1754. the king against the inhabitants of the artillery ground [N tower division, and thomas bray, esquibe.-The collectors of the window duty are only answerable for what they respectively receive, but not for the deficiency of each other. In the account of Sir Robert Baylies, receiver of the duties on houses for the county of Middlesex, two supers were set on the inhabitants or collectors of tho Artillery ground in Tower division, for the year 1738; one for 591. 2s. and the other for 311. 15s. for so much money received and detained in their hands, on account of the duty on houses. And both the inhabitants and Mr. Bray, one of the collectors, have obtained several orders to shew cause, why the supers should not be discharged, and process staj'ed. The case, by the affidavits of Mr. Bray and Henry Davis, appears to be, that Mr. William Batchellor and Mr. Bray were appointed collectors of these duties for the year 1738; that the collecting book was delivered by William Batchellor to Henry Davis, (from whence it is [168] to be presumed that the commissioners delivered the book to Batchellor); that Davis collected the money, and paid it to Batchellor, except 31. or thereabouts, which he was ready to deliver to Mr. Bray, with the collecting book. And the question is, whether the inhabitants are (or Mr. Bray, as a joint officer and accountant, is answerable for the deficiency of Mr. Batchellor ? This question depends upon the construction of the acts of parliament which create these duties and appoint the collectors of them ; the material clauses whereof relating to this question, it will be necessary to state. By the act 7 & 8 W. 3, c. 18, s. 4, it is enacted, that the assessors shall return the names of two or more able and sufficient persons, within the bounds or limits of those parishes or places where they shall be assessors respectively, to be collectors of the several rates and duties granted to His Majesty ; for whose payment unto the receiver-general or his deputy, of such money as they shall be charged withal, the parish or place by whom they are so employed, shall be answerable. By sect. 5, the commissioners are to issue their warrants for collecting the duties, as they become payable; of all which the collectors are required to make demand of the parties chargeable therewith, within ten days after they become payable ; and upon payment thereof, to give acquittances under their hands [169] unto the several persons who shall pay the same : and such acquittances shall be tt full and perfect discharge against His Majesty, to every person who shall pay the same. Collectors are to pay, within twenty days...
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