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![handle is hein.slavery/ssactsengr0949 and id is 1 raw text is: HILL. ANNO 23 AND 24 CAR. II. IN B. R.
ANONYMUS.
2 Keb. 871.
Upon a motion for restitution after the reversal of an outlawry, Hale said, that
he must plead the reversal to the seisure in Seaccario.
PUCKLE versus MOOR.
1 Mod. 71, 89. Cr. Car. 139. 2 Keb. 874.
Michael. ult. Rot. 461. A promise was made seven years since, to pay money
within three months after.
The defendant pleaded non assumpsit infra sex annos ante exhibitionem billu,
whereas it should have been causa actionis non accrevit infra sex annos; tho' in this
case it appears within the declaration, that the time of payment was not within six
years before; yet because the defendant had not pleaded it, he cannot have advan-
tage of it.
GOFF versus LLOYD.
2 Keb. 829, 880. Postea 311, 312.
Michael. ult. Rot. 268. Trespass quare domume fregit, and took away so many
nails, &c.
The defendant pleads specially, and sets forth the two Acts for hearth-money,
14 Car. nunc cap. 10, and 16 Car. nune cap. 3, in pursuance of which he distrained
the said nails, for the duty due by those Acts out of a smith's forge, &c.
The plaintiff demurred: so the sole question was, whether a smith's forge were
within the Acts? It being once argued the last term, the Court now gave their
opinion.
[192] Moreton. I think a smith's forge ought to pay; 'tis a great part of the
King's revenue, almost in every village there is one; we should explain the Act,
liberally for the King.
Rainsford of the same opinion: 'Tis within the words, (scilicet) an hearth whereon
fire is used, and within the meaning, for there is an exception of things not so
properly fire-hearths as this, (viz.) private ovens. Where the Act excepts blowing-
houses, I take it is meant glass-houses, and the houses at iron-works ; by stamps I
think is meant presses, calenders for cloaths; by the very words, houses that are not
dwelling-houses are charged. The objection that it is his trade, is answered by the
instance of cooks, chandlers, common ovens, hearths of tripe-women, who boil
neats-feet.
Twisden of the same opinion. The words are general, yet I would not extend
it to every hearth that has a fire upon it, as stills and alembieks, for so we might
extend it to a chafing-dish of coals; but we must take it for a rule, to extend it to
those things which are most general. A smith's forge is of such use, that 'tis found
almost in every village; therefore 'twas reckoned a great piece of hardship and
slavery upon the children of Israel, that they were not permitted a thing so useful
amongst them. The exceptions enumerate particulars, therefore it excludes whatever
is not expressed.
Hale. I would fain know how the fact is. Do silver-smiths, &c. pay7 It were.
too narrow to extend it only to common chimneys, and too great a latitude to extend
it to every place were fire is, where a man can but warm his hands. I suppose.
boilers in cooks chimneys, and the fire-places of worsted-combers do not pay.
Common ovens should have paid, tho' there were no exception of private ovens; for they
never are, or can be without a chimney. This is matter of fact I have not enquired
into, and I would be loath to deliver an opinion without much inquiry; but 'tis very
probable that they are fire-hearths, and not excepted; but it appears plainly upon
the record, that 'tis a fire-hearth, and by the general demurrer 'tis admitted.
Note, There was a special rule, that no advantage should be taken of the pleading.
by either side. But Hale said, he did not know how they were bound by that rule.
I VENTRIS, 192.](ViewImageLocal?handle=hein.slavery/ssactsengr0949&div=1&collection=&method=preview&ext=.png&size=3)