Appletons' Popular Science Monthly, August 1899: Volume LVVarious
Science
Appletons' Popular Science Monthly, August 1899: Volume LV
Various
Science -- Periodicals; Technology -- Periodicals
Of these the parish was the first and most important division, having
been introduced in the sixteenth century, when the dissolution of the
monasteries had raised the question of poor relief. It was adopted for
convenience, as the contributions were at first entirely voluntary;
but as the problem of the poor increased in importance, compulsion was
applied, and at the beginning of the seventeenth century, by the acts
of Elizabeth of 1597 and 1601, compulsion was fully established and
the parish adopted as the area for levying rates for the relief of its
poor. It now became necessary to define more specifically the persons
liable for this rate, but the law framed no system by which
assessments were to be made or rates collected. A distinction was made
between the occupier of certain properties (such as lands, houses,
coal mines, or salable underwoods) and an inhabitant of the parish.
The occupier was to be taxed upon the basis of the annual benefit
arising from the property situated in the parish; but the inhabitant
was taxed not in respect to any specified subjects, implying an
intention to tax them upon some other basis. This raised the question
of "ability," and how that question was to be determined. The act said
nothing that could point to personal property, "and it was only on the
ground of his being an inhabitant that any owner of personal property
could be rated for that property, because there was no word in that
statute to include him, except the word inhabitant. Under that
statute, therefore, there was necessarily a distinction between
residents and nonresidents, because the resident would be ratable for
his personalty within the place, the nonresident not. The distinction,
however, under that statute applied only to those kinds of property
which the statute did not specify, for the occupier of lands, houses,
etc., and whatever the statute enumerated, was ratable whether he were
resident or not."[55] And when the judge of assize was asked to give
an opinion he decided that lands should be taxed equally and
indifferently, but an additional tax could be laid on the "personal
visible ability" of the parishioner. Further, "all things which are
real, and a yearly revenue must be taxed to the poor." Yet there were
limitations on this apparently wide interpretation, and as early as
1633 it was only visible properties, both real and personal, of the
inhabitants within the parish, and only within the parish, that could
be taxed. The property to be assessed must be local, visible, and
productive; it must consist only of the surplus left after deducting
debts; it must be rated according to the profit produced; and its
nature must be distinctly specified. "Consequently, such subjects as
wages, pensions, easements, profits derived from labor and talent,
profits from money invested or lent elsewhere, and furniture, were
exempt."
[Footnote 55: Abbott (Chief Justice) in R. _vs._ The Hull Dock
Company, 3 B and C, p. 525.]
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