William III, 1697-8: An Act for preventing Frauds and Abuses in the charging collecting & paying the Duties upon Marriages Births Burials Batchellors and Widowers. [Chapter XXXII. Rot. Parl. 9 Gul. III. p.6.n.1.]

(fn. 1) 6 & 7 W. III. c. 6.

8 & 9 W. III. c. 20; The said Acts and 7 & 8 W. III. c. 35. to be put in Execution.

For the better preventing of Frauds and Abuses in the charging collecting levying paying and accounting for the several Duties granted by an Act of Parliament made and passed in the Sixth Year of His Majesties Reign intituled An Act for granting to His Majesty certain Rates and Duties upon Marriages Births and Burials and upon Batchelors and Widowers for the Terme of Five Years for the carrying on the Warr against France with Vigour and which by an Act made and passed in the Eighth Year of His Majesties Reign intituled An Act for making good the Deficiencies of several Funds therein mentioned and for enlarging the Capital Stock of the Bank of England and for raising the publick Creditt are continued until the First Day of August which ( (fn. 2) ) be in the Year of our Lord One thousand seven hundred and six And to the end the Produce of the said Duties may [be (fn. 3) ] answered (better than the same hath been hitherto) into the Exchequer for or towards the Satisfaction of the Principal and Interest Moneys charged thereupon Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That all and every the Directions Powers Clauses Matters and Things in the aforesaid Acts and in one other Act made in the Seventh Year of His Majesties Reign intituled An Act for the enforceing the Laws which restraine Marriages without Lycence or Banns and for the better registring of Marriages Births and Burials and in every or any of them contained or specifyed for or in relation to the said Duties upon Marriages Births Burials Batchelors and Widowers (other than such as are hereby altered enlarged or explained) shal be duly and effectually observed and put in Execution under the Penalties in the said Acts respectively contained and expressed.

II. Commissioners under c.10. ante to be Commissioners for executing the said Acts; and, together with the Justices of Peace authorized to be Commissioners by the said Acts, impowered to do all Acts relating to the said Duties, until the 24th June 1699; and afterwards the Justices of Peace for the Time being to execute their Powers of Commissioners.

And be it further enacted by the Authority aforesaid That all and every the Persons nominated or appointed to be Commissioners for putting in Execution an Act of this present Session of Parliament intituled An Act for granting to His Majesty the Sum of One million four hundred eighty four thousand and Fifteen Pounds. One Shilling Eleven Pence Three Farthings for disbanding Forces paying Seamen and other Uses therein mentioned shal be Commissioners for putting in Execution the said several Acts for the said Duties upon Marriages Births Burials Batchelors and Widowers and all the Powers therein contained until the Four and twentieth Day of June One thousand six hundred ninety nine within all and every the several and respective Counties Ridings Cities Burroughs Cinque-Ports Towns and Places for which they are Commissioners by the said Act nameing or appointing them as aforesaid respectively And that they the said Commissioners joyntly with the Justices of the Peace authorized to be Commissioners in or by the said former Acts for the Duties aforesaid and every of them or such or so many of the said Justices and the said other Commissioners or any of them as in any Case or Cases are in and by the said former Acts for or concerning the said Duties appointed to act or be a Quorum shal have ful Power and Authority and they and every of them are hereby required and impowred to act do proceed and finish in all Matters and Things relating to the said Duties upon Marriages Births Burials Batchelors and Widowers or the Arrears thereof as fully and effectually as if the said Commissioners were again perticularly named and repeated in the Body of this present Act until the said Four and twentieth Day of June One thousand six hundred ninety nine And that from and after the said Four and twentieth Day of June One thousand six hundred ninety nine the Justices of the Peace for the time being of the several and respective Counties Ridings Cities Towns Boroughs and Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed or such or so many of them as are impowred in or by the said former Acts shal execute their Powers of Commissioners for the same in the manner thereby prescribed.

III. Ecclesiastical and other Persons required by the said Acts to keep Register of Christenings, &c., are to make Entries therein as hereby required.

Entries, in case of Burials; in case of Births; in case of Marriages.; Neglect or false Entries, &c.; Penalty £20; Persons chargeable to the Duty to give a true Account of Name, &c. of Party to the Minister; Penalty £20.

And to the end all Persons liable to the Payment of the said Duties may be duly charged therewith according to the respective Degrees Conditions and Qualities chargable in or by the said former Acts Be it further enacted by the Authority aforesaid That every Ecclesiastical or other Person required by the said former Acts or any of them to keep a Register of Persons buried christened born or married shal in the same Registers respectively according to the best of his Knowledg or Information together with the Name of every Person so married buried christened or born sett down and express or cause to be sett down and expressed in Writing the respective Degree Condition or Quality according to which His Majesties Duty ought to be paid for every such Burial Birth or Marriage respectively And in the Case of Burials the Names of the Heirs Executors Administrators Fathers Mothers Guardians Church-wardens Overseers or others who by the said Acts ought to pay for the same and where they dwel respectively And in case of Births the Names of the Fathers Mothers or those that take on them the Guardianshipp or Care of such Children so born and where they live respectively And in case of Marriages the Place of Abode of the several Husbands upon pain that any Dean Parson Register Deacon Vicar Curate Substitute or Ecclesiastical Person whatsoever having due Knowledge or Information whereby such Addition may be made in his Register and neglecting to insert the same or wilfully or knowingly setting down or consenting to the setting down in His Register any Matter of Falshood as to the Degree Quality Condition Person or Place of Abode with intent that His Majesty may be defrauded of all or any part of the Duty payable for or upon any such Burial Birth or Marriage shal for every such Offence forfeit the Sum of Twenty Pounds (that is to say) one Moiety thereof to the King and the other Moiety thereof to such Person or Persons as will inform and sue for the same And that every Person who ought to pay the said Duty for any Marriage Birth or Burial shal and he she or they are hereby strictly enjoyned and required to give or cause to be given to the respective Minister or Parson who shal perform the Office of such Marriage or Burial or the christening upon any Birth a true Relation of the Degree Quality or Condition according to which His Majesties Duty for such Marriage Birth or Burial ought to be paid and where such Person or Persons who ought to pay the same do live or reside to the end such additions may be inserted in the Regester as aforesaid upon pain that every such Person for every Default or Offence in not giving as aforesaid such Relation (being demanded) or giving any untrue Relation as to the Degree Quality Condition or Place of Abode shall forfeit the Sum of Twenty Pounds (that is to say) one Moiety thereof to the King the other Moiety thereof to such Person or Persons as will inform and sue for the same.

IV. How the Words "Ecclesiastical Persons," understood.

And it is hereby enacted and declared That the Words Ecclesiastical Persons in this Act and Persons in Holy Orders in the said former Acts and every of them shal be understood so as to comprehend Bishopps in all Cases where any Marriages are celebrated or the Officers for any Christenings or Burials are performed by them.

V.

In case of Removal of Persons to other Places chargeable, without Payment of Duty, Commissioners to certify; and thereupon Commissioners of such other Places to levy Duty.

And in regard Persons liable to the said Duties upon Marriages Births Burials Batchelors and Widowers or some of them do frequently remove or go away from the Places where they ought to have paid the same to other Parts or Places and thereby evade the Payment thereof For prevention of such Deceipts for the future it is hereby [further (fn. 4) ] enacted and declared by the Authority aforesaid That in every such Case of the Removal or going away of any Person without Payment of the Duties aforesaid or any of them the Commissioners aforesaid or any Two or more of them shal and may certify such Default in Writeing under their Hands and Seals and every such Certificate shal be a sufficient Ground and Warrant by vertue of this Act for the like Number of Commissioners in any other County or Place where such Person shal reside or be found to cause His Majesties Duty or Duties to be by him paid in such other County or Place to His Majesties use and for Non payment thereof to levy the same by Distress and Sale of the Goods and Chattels of every such Person so in default rendring to him the Overplus ariseing by such Sale after the Kings Duty and the Charge of the Distress shal be satisfied.

VI. Penalties under this and the said former Acts

(Exception); determined by Two next resident Justices.; Upon Confession of Party or Oath of one Witness,; Distress; Commissioners may mitigate Penalties.

And be it further enacted by the Authority aforesaid That all Forfeitures Penalties and Offences incurred or committed against this and the said former Acts or any of them or any Clause or Article therein contained touching or concerning the said Duties or Impositions upon Marriages Births Burrials Batchelors and Widowers or any of them (other than the Penalty of One hundred Pounds for not duly keeping a Register) shal and may be heard and finally determined by any Two or more of the said Justices of the Peace or other Commissioners residing near the Place where such Penalty shal be incurred or Offences committed who have hereby Power to summon the Party or Partys and upon his or their Appearance or Contempt to examine the Fact and upon Confession or Proof by the Oath of One or more credible Witnesses (which [Oath (fn. 4) ] they have hereby Power to administer) to give Judgment according to this Act and to issue their Warrants for the levying of such Forfeitures and Penalties by Distress and Sale of the Goods and Chattels of the Offenders rendring the Party the Overplus (if any be) above His Majesties Duty and the Charge of the Distress and for want of sufficient Distress to committ the Offender to prison there to remain til Satisfaction be made nevertheless such Commissioners may (if they see Cause) mitigate such Forfeiture or Penalty so as they do not make it less than double His Majesties Duty in that Case due besides the Charges of the Collector or other Officers concerned therein.

VII. On or before 1st Aug. 1698, and every Three Months, Commissioners to meet for executing this Act and the former Acts; and may summon Assessors, Surveyors, Parsons, &c. to appear and bring in their Assessments and Registers, &c., and on Default,

Penalty; Two Commissioners may examine Assessments, Registers, &c., and may charge in respect of Omissions, &c.; and allow and sign Assessments, &c. and may cause Abstracts of Sums accrued to be made up and signed, and transmitted to the ExchequerCollectors to render Accounts upon Oath.; Default of rendering Account, Penalty.

And to the end all the Moneys arising or which ought to arise by or for the said Duties may be duly assessed charged raised paid answered and accounted for It is hereby further enacted That on or before the First Day of August One thousand six hundred ninety eight and so from time to time once or oftener in every Three Months dureing the continuance of the said Duties the Commissioners aforesaid at some convenient Place or Places within their respective Limitts or Divisions shal meet together for the Execution of this and the said former Acts for the said Duties And that the said Commissioners or any Two or more of them shal have Power and they are hereby directed and authorized to warn not only the respective Assessors and Collectors but also the Surveyors Inspectors and Receivers General and (if need be) any Parsons Vicars Curates Parish Clerks and others concerned in relation to the said Duties or any of them to appear before themselves and other the Commissioners at every such Meeting and requiring them or such of them to whom it appertains respectively to bring in their Assessments Presentments and Accounts for or concerning the said Duties and also the Registers of the Marriages Births and Burials or Copies thereof as shal be directed And if Default be made therein contrary to such Warning given then the said Commissioners or the major part of them present at such Meeting shal and may fine the Offenders for every such Default not exceeding Five Pounds to be levyed as aforesaid for the Kings Use And that the said Commissioners or any Two or more of them shal and may proceed to examine the said Assessments Presentments and Accounts and also the Registers or the Copies thereof And if they or any Two or more of them do find that any Person or Persons are omitted or not fully charged shal and may cause such Person or Persons to be taxed and charged according to the true meaning of this and the said former Acts and thereupon to allow and sign the Assessments or Presentments and to cause Abstracts or Duplicates of the gross Sum or Sums which from time to time shal appear to them to have accrued or which ought to have accrued to His Majesty in every Parish or Place for the said respective Duties upon Marriages Births Burials Batchelors and Widowers to be made upp and signed by them or any Two or more of them and to be forthwith transmitted into the Exchequer (to witt) into the Office [of the Kings (fn. 4) ] Remembrancer there And that the respective Collectors of the said Dutys shal render their Accounts upon Oath to the best of [their (fn. 5) ] Knowledge which Oaths shal and may be administred by the said Co[m]missioners or any Two or more of them And in Default of rendring such Account when thereunto required by the said Commissioners or any Two or more of them every Collector makeing such Default shal and may be fined by the said Commissioners or any Two or more of them not exceeding Twenty Pounds to be levyed as aforesaid to the Kings Use

VIII. Further Allowance to Collectors beyond former Acts.

And be it hereby enacted That every Collector of the said Duties making his Account as aforesaid upon Oath and duly discharging himself thereof shal (over and above the Allowance of Three Pence in the Pound by the said former Acts or One of them) be further allowed Two Pence in the Pound for so much Money as he shal actually pay to the Receiver General his Deputy or Deputys and the Commissioners Clerks shal have an additional Allowance of One Peny in the Pound.

IX. Persons chargeable after 1st Aug. 1698, to tender Duty to Collector within 20 Days after due.

Penalty.

And for the more sure Payment of the said Duties (many of which are casual in their Natures it is hereby further enacted That all and every Person and Persons who from and after the said First Day of August One thousand six hundred ninety eight dureing the continuance of the said several Acts ought to pay any of the said Duties for or upon any Marriage Birth or Burial or as a Batchelor or Widower shal pay or tender and he she or they are hereby obliged to pay or tender the same to the Collector of the Parish or Place being authorized to receive such Duty within Twenty Days after it shal become due to His Majesty by the Tenour and true Meaning of the said former Acts or any of them upon pain of paying to the King Double the said Duties which ought to have been so paid or tendred to be levyed to His Majesties Use as aforesaid Any thing in the said former Acts or any of them contained to the contrary notwithstanding.

X. 6 & 7 W. III. c. 6. § 17.

Repealed.

And whereas by a Clause in the forerecited Act made in the Sixth Year of His Majesties Reign it is enacted in these words following viz ^t. And be it further enacted by the Authority aforesaid That the several and respective Collectors of the Duty granted by this Act shal every Year dureing the continuance thereof within the Space of Six Days after the respective Assessments or Certificates shal be to them delivered deliver over the same or a true Copie thereof unto the respective Parson Vicar Rector or Curate for the respective Parish Divisions or Places for which they are appointed Collectors under the Penalty of forfeiting the Sum of Five Pounds to His Majesty And the said Parsons Rectors Vicars and Curates are hereby required under the like Penalty of Five Pounds to be forfeited to His Majesty for every Offence on the next Lords Day commonly called Sunday after the Receipt thereof openly and publickly to read or cause the same to be read in the Church immediately after Divine Service in the Morning to the end that every Person thereby rated or charged may have Notice of such Rate or Charge and if he or they find him or themselves agrieved thereby they may complain and appeal according to the Directions of this Act which Clause is by experience found to be of no Use and is otherwise very inconvenient to be observed Be it therefore enacted by the Authority aforesaid That the said Clause and every part thereof be repealed and the said Clause and every part thereof is hereby repealed.

XI. When the Ten Days allowed for Appeal by 6 & 7 W. III. c. 6. § 14. to begin.

And be it further enacted That the Ten Days allowed by the said recited Act by Persons agrieved for the said Rates and Assessments to complain and appeal shal hereafter be reckoned and accounted to begin from the respective Demands made of the Sums of Moneys due upon the said Rates and Assessments by the respective Collectors of the same Any thing in the said recited Act to the contrary notwithstanding.