Carter. Totridge was found by the jury to be a vill, antiently parcel of the parish of Hatfield, and that this vill had never been fevered by any folemn act from the parish of Hatfield, and that the tythes of Totridge were paid to the parfon of Hatfield, and for threefcore years or more, and at the time of making the act of 43 Eliz. for relief of the poor, and unto this day the faid vill of Totridge was commonly reputed a parish by itself, and had its officers and chaplain, and repaired its own chapel. The action was brought for a trefpafs against the church-wardens of Hatfield for a distress upon the goods of the plaintiff, inhabitant of Totridge, taken by warrant of three juftices. Verdict for the plaintiff. And on a motion to juftify the officers, because they did it, by the authority of three juftices, it was overuled; "for the rate being unduly taxed, "it is not like a warrant from one of the King's courts, who have a general jurifdiction." But here the " juftices of the peace have but a parti"cular jurifdiction, viz. to make warrants, to levy rates well affeft." Adjudged for the plaintiff. And fo lord Mansfield faid, in the cafe of St. Luke's hofpital, that "in an affeffment of a rate "there may be not only a defect in form but in the efence of the thing for unless fome particular perfon be fixed upon who may properly be rated as occupiers of the building, no rate at all can "be made upon it." In cafes of reputed parishes, or vills extraparochial, or exempts, the juftices cannot fend fons to them from another parish, nor vice verfa. per So it was determined in the cafe of the inhabiC tants tants of the foreft of Dean, and the parish of Lin: 2 Salkeld. 487. ton. It was faid, places exempt from receiving shall not have the benefit of removing. These are the words of that great man lord chief juftice Holt. "Perfons in extraparochial "places muft fubfift on private charity, as all perJons did at common law, before the 43 Eliz. The 43 Eliz. does not extend to extraparochial places." Where extraparochial places contain more houfes than one, fo as to come under the denomination of a vill or a township, there the juftices may exercife all the powers of the 43 Eliz. So held lord chief justice Parker. Cafe of Stokelam and Dolting. B.R. Hill. 11. 11 Anne. So that when there is one houfe or manfe extraparochial, the inference is clear, that the juftices cannot do any thing under the ftatute. In the cafe of Rudd v. Morton. 2 Salkeld 501. the court faid, to make a reputed parish within the 43 Eliz. it must have a chapel, wardens, and facraments at the time the ftatute was made. In the case of Bridewell precinct, and parish of Clerkenwell, vide 2 Salkeld, p. 486. per Holt. chief juftice, "If a place is extraparochial, and has not the ""face of a parish, the juftices have no authority "to fend any man to be maintained by them." With respect to taxing in aid, that part of the ftatute is obfolete. It is a cafe that cannot exift; and it has at no time been executed; firft, Because no parifh is intirely unable to maintain its own poor. Secondly, It would produce a circuity of taxation through the whole kingdom, and confequently confufion, for all would tax their neighbours. Thirdly, It depends upon the judgement and difcretion of the juftices. The words of the 43 Eliz. c.2. Sect. 3. are, "if the juftices do perceive that the inhabitants "of any parish are not able." To conclude: If therefore the juftices should confirm the fecond rate, it would be inconfiftent with their former decifion; they would take upon themselves indirectly to overturn the most antient ufages, to fix the parochiality of colleges, to limit the extent of privileges and charters, and to annex and mingle together diftinct bodies politic: And therefore as they have rightly confirmed the former rate, fo they are under a neceffity of fetting afide the second rate upon the fame bottom: because it is contrary to the usage, the ftatute having at no time enured: because there is a voluntary contribution paid, and accepted; because the rate is defective in effence, the perfons rated not being proper objects: nor the rate capable of being appretiated and levied with certainty: because the colleges and the university, in their original conftitution, and political effence, for fome one, or all of thefe reafons, were, and are EXEMPT. POST |