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![handle is hein.slavery/ssactsengr0939 and id is 1 raw text is: if full, is on the tenant, if not, on the owner: and judgment for the defendant. And
Rainsford Chief Justice delivered the opinion of the Court, that there is no later Act
that disehargeth new houses, and by 14 Car. 2, cap. § the owner is to give account
of the chimnies, which is to the end the duty be paid ; and that the increase and decrease
be known, and by no proprietor is to be charged above two years arrears,
and in this case the owner is occupier where there is no tenant under him, and though
the owner make no benefit, this might be objected against houses that have been
inhabited. 2. The statute doth not confine the King to the house where the duty
ariseth, therefore he may distrain at common-law in any other lands of the parties, &c.
31. THE CORPORATION OF IRONMONGERS AND NAYLOR. Ante.
Costs.
Mr. Attorny upon the judgment for the defendant, praied treble costs, which the
Secondary had denied, because, though the authority of constables in 14 Car. 2, cap.
10, § 14, give treble costs, the Subsidy Act, 16 Car. 2, cap. 3, doth not give them
to the Kings officers. Which Twisden agreed, but per Curiam the latter Act is but
additional, and the revenue given by the former: and judgment for treble costs.
32. BAKER AND BAKER.
Administrators.
On administration below committed to the wife of the deceast, and an appeal to the
delegates, where suggestion was made of an agreement, that the wife in consideration
of joynture was to quit administration, which is an evasion out of 22 & 23 Car. 2,
cap. § and a way of Ecclesiastical Court to try settlements and therefore he praied
a prohibition, the Ordinary having executed his power to the wife, which cannot
be repealed by appeal at the suit of the mother of the deceased, on Sir George Sands's
case, and Ot/yes case, & per Curiam, suggestion is of [784] matter out of
their jurisdiction, but this being but on allegation, there can be only a prohibition
quoad that, and untill commission made hereon or other process, no prohibition can
be; nor doth any prohibition lie upon an appeal by the mother for administration
after its granted to the wife, which suspends the sentence, as it doth not where its
by new suit on a new citation by the mother, as it was in Sir George Saunder's case.
But Rainsford Chief Justice contra, that prohibition lieth; which Jones agreed.
Twisden and Wild contra, but a prohibition granted quoad that allegation.
33. DOMINus REX AND SMARTFORT.
London.
On habeas corpus, the City of London returned that on complaint of the Corporation
of Merchant Taylors, for any members not taking livery, they by custom may commit.
Against which Holt excepted that 1. This custom is not good, being no refusal of office
that concerns government of the city; which was the case of Alderman Langham,
17 Car. 1, March pl. nor doth it appear how a livery-man was of influence to the
Government, being only to bear charges of the company which may be but a private
corporation; and they cannot by custom commit for foreign bought and sold, and
2 Leonard 29, Devered and Batelif, they cannot commit bail without scire facias; but
per Curiam, coram Glyn, it was adjudged in debt on the by-law that livery-
man was of publick government of the city. 2. Its not said the defendant was able
to bear this office, which it must be if this be a publick office. 3. The custom is if the
livery-man elected be brought before the mayor, &c. and he confesseth or answers
not what is objected, &e. and its said it was objected he was a livery-man of the city;
which should be that he was a livery-man of the company, which was mistaken;
& per Curiam, the by-law of the company was held sufficient for debt for the fine,
and 361. was reasonable for refusal, albeit they could not commit, but doubtless the
Court of Aldermen may, and a procedendo was awarded.
1010
TRIN. 29 CAR. IIL B. R.
8 KEBLE, 784.](ViewImageLocal?handle=hein.slavery/ssactsengr0939&div=1&collection=&method=preview&ext=.png&size=3)