City of London Sessions:
Sessions Papers - Justices' Working Documents
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7th December 1721 - 22nd December 1722

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Image 116 of 1725th December 1722


Councill Men and pretended select Vestry Men of the said parish meerly with an Intent to give Your petitioners
Trouble and Expence in the Execution of their said office And to oblige them of Necessity to advance their own Money for
the Reliefe of the Poor gave out that the said Rate was become a quarterly Rate payable on the four quarter Days, and
under that pretence they and many others by their perswasion refused to pay any part thereof till the determination
of each Quarter respectively And thereby disabled Your Petitioners from raiseing Money sufficient for reliefe of the
Poor as fast as if was wanted without a warrant for levying it by Distress whereupon Your petitioners applyed severall
times to the said Sr . Edward Becher< no role > for such warrant but could not prevail upon him to grant any, Otherwise than for
each quarter part of the said Rate after the expiration of each quarter respectively.

That your petitioners being advised by their Council That the said Restriction was void and not warranted by the
said Act of Parliament whereon the said Rate was founded and that therefore the said Confirmation was absolute and
Seperate Distresses could not be legally made at seperate Times and for severall parts of each or any persons
proportion of the said Rate the whole sume charged on each person being one entire Sume and not severable and
the Necessitys of the Poor of the said Parish requireing imediate Reliefe your Petitioners in Michas Term 1721 were under
an absolute necessity to move, And by their Councill did move his Maty's Court of Kings Bench for a Mandamus to be
directed to the said Sr. Edward Becher< no role > requireing him to grant your Petitioners a Distress warrant on the said Rate
And accordingly after severall Motions in Michas and Hillary Terms 1721 the said Court granted a Mandamus for a
distress warrant for levying the whole Money remaining unpaid of the Money Assessed in the said Rate on each person
respectively and a Mandamus was accordingly made out and delivered to the said Sr . Edward Becher< no role > who
thereupon granted your petitioners such Distress Warrant as thereby required.

That when your petitioners year as Overseers expired and New Overseers were made and appointed
your Petitioners rendered an Account to the Sr. Edward Becher< no role > of the moneys by them paid and received and
particularly of the Charges of obtaining the said Mandamus and distress warrant amounting to the sume of £34:3s:0d
And thereupon there appeared to be in their hands the Sume of £7:5s:2d. of the Moneys of the said Parish which they were
willing and offered to pay to the New Overseers according to the direction of the said Statute.

That on Your Petitioners rendring the said Amount the said Sr. Edward Becher< no role > refused to allow them therein the said
Charges or any part thereof and thereupon by an Order under his Hand to them directed bearing date the 18th. day of July now last
past they were required to pay unto George Franckling< no role > William Ferrett< no role > John Preston< no role > John Knighton< no role > Henry Cartwright< no role > & Thomas
Hughes
< no role > therein called Churchwardens & Overseers of the Poor of the said Parish or to one of them the Sume of £41:8s:2d therein
alledged to be remaining in Yr. Petitioners hands of the moneys of the said Parish by them reced as Overseers of the Poor over
& above what they had fairly and legally expended & disbursed in the Execution of their said Office whereas in tenth your
Petitioners had not any more in their Hands of such Money's than the sd. Sume £7:8s:2d which they have tendred to the said
George Franckling< no role > John Preston< no role > and John Knighton< no role > .

Wherefore & forasmuch at the sd. Sume of £34:3s:0d so refused to be allowed to Yr. Petrs. in their sd. Account
was by them necessarily expended in the execution of their said Office Yor. Petitioners do humbly appeal
from the said Order to Your Lordshire & Worships And humbly pray that Yor. Worships would Quash &
make void the same or take such Order therein as to Yor. Worships shall be thought convenient
according to the form of the said Statute.

And Yor. Petitioners shall over pray Etc




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