the justices in petty sessions shall by any of the aforesaid ways and means have ascertained to their own satisfaction the fair and just annual value of any or of all the rateable property within their respective divisions, and they are hereby required from time to time to certify under their hands the true amount thereof to the then next general or quarter sessions of the peace for the same county, to the intent that at such general or quarter sessions, or at some adjournment or adjournments thereof, or at some subsequent general or quarter sessions, or adjournment or adjournments thereof, the justices there assembled may from time to time, and as often as they shall deem it necessary, make a fair and equal rate on all such rateable property, or correct any inequalities which upon appeal shall be shewn to their satisfaction to exist in any rate now existing or hereafter to be made. XII. AND be it further enacted, that it shall be lawful to and for the justices of the peace of any county, or the major part of them, in general or quarter sessions, or at any adjournment or adjournments thereof, assembled, as often as they shall have deemed it necessary to make a rate or rates, assessment or assessments, on all the rateable property within the limits of their jurisdiction, according to the fair annual value of the same, as derived from any or all of the several sources of information which are herein-before mentioned; and they are hereby authorized and empowered to order warrants to be from time to time issued, in the same manner as now authorized and practised by law for collecting the county rates, to the several high constables within their respective counties, ordering and requiring them to issue their warrants to the respective overseers of the poor within their respective divisions to levy, collect, and pay to the said high constables, within the time to be named and limited in the warrant to be issued from the sessions as aforesaid, all such rate or rates, assessment or assessments, which each high constable shall and he is hereby directed and required to pay, at such time as shall be specified in such warrant, to the treasurer of the county for the time being, to be applied and disposed of in such manner and for such purposes as the county stock or rate is now applicable or may hereafter be made applicable by law; and in case any overseer or overseers of the poor, or other person appointed to act as such under the provisions of this Act, in any of the several parishes, townships, or places, whether parochial or otherwise, within any county liable to the same, shall neglect, make default, or refuse to pay the same, within the time to be specified and limited for that purpose as aforesaid, to the high constable of the division within which such overseer or overseers or other person or persons so liable and neglecting to pay shall reside or be appointed to act, it shall and may be lawful for any justice of the peace of the said county, upon complaint thereof made by any such high constable, by warrant under the hand and seal of any such justice, to levy the same by distress and sale of the offender's goods; and the overseer or overseers of the poor of any parish, township, or place, whether parochial or otherwise, or other person or persons appointed to act as such overseer or overseers, shall and may and is and are hereby empowered to levy and raise by an equal rate or assessment upon all and every the several estates and property rateable to the relief of the poor, within their respective parishes, townships, or places, whether parochial or otherwise, such sum and sums of money as shall be required and necessary, in order to raise the several sums assessed upon such parishes, townships, or places respectively, or to reimburse such overseer or overseers, or other person or persons as aforesaid, such sum or sums of money as they shall respectively have paid on account of the same; such rate or assessment to be paid by the occupier or occupiers for the time being of such estates and rateable property as aforesaid. pay XIII. AND whereas it would be inconvenient and oppressive to many townships or places that the sum of money which may be assessed on them, as or for a county rate under this Act, should be paid out of any rate made for the relief of the poor, where such poor rate doth not apply separately and distinctly to the parish, township, or place Be it further enacted, that it shall be lawful for the justices of the peace, at their general or quarter sessions, or at any adjournment thereof, if they shall think convenient, to order the sum of money directed to be assessed as or for the county rate on any such parish, township, or place, whether parochial or otherwise, to be paid and levied on the churchwardens, overseers, or petty constables of or for any such parish, township, or place, in such manner as the same is herein directed to be paid and levied in cases where no rate is made for the relief of the poor; any thing herein contained, or any law, usage, or custom, to the contrary notwithstanding. XIV. PROVIDED always, and be it enacted, that if the churchwarden or church- Churchwardens, overseer or overseers of the poor, or other inhabitant or inhabitants of any wardens, &c. of parishes aggrieved may appeal. .55 GEO. 3. parish, township, or place, whether parochial or otherwise, where there is no churchC. 51. warden or overseer, or person appointed to act as such, shall at any time have reason to think that such parish, township, or place is aggrieved by any rate now existing or hereafter to be made, either in pursuance of this Act or of any Act or Acts now in force, whether it be on account of the proportions assessed upon the respective parishes, townships, or places being unequal, or on account of some one or more of them being without sufficient cause omitted altogether from the rate, or on account of such parish, township, or place being rated at a higher proportion of the pound sterling according to the fair annual value of the rateable property therein, or on account of some other parish or parishes, township or townships, place or places, being rated at a lower proportion of the pound sterling according to the fair annual value of the rateable property therein than has been fixed and declared by the justices of the peace of the said county in sessions assembled as the basis of the rate of the said county, or on account of any other just cause of complaint whatsoever, it shall be lawful for such churchwarden or churchwardens, overseer or overseers of the poor, or other inhabitant or inhabitants where there is no churchwarden or overseer, or person appointed to act as such, to appeal to the justices of the peace for the county, at any general or quarter sessions, against such part of the rate only as may affect the parish or parishes, township or townships, place or places, which are unequally rated, or which shall appear to be over-rated or under-rated, or omitted altogether from the rate; and the said justices are hereby empowered to hear and finally determine the same, and either to confirm such parts of the rate as have been appealed against, or to correct such inequalities, disproportions, or omissions as shall be proved to exist therein, in such manner as to them the said justices shall appear fair, just, and equitable; any thing in this Act, or any former Act or Acts, or any law, usage, or custom to the contrary thereof notwithstanding: Provided nevertheless, that upon such appeal no such rate shall be quashed or destroyed in regard to any other parish, township, or place, unless in cases where the justices of the peace of any county in general or quarter sessions assembled, or the major part of them, shall deem it necessary to proceed to the making of an entire new rate, and shall proceed therein according to the provisions of this Act. XV. AND be it further enacted, that in case of any appeals, actions, suits, or proceedings at law respecting any thing done in pursuance of this Act, or any other Act or Acts relating to the county rate, the expences of all such appeals, actions, suits, or proceedings at law shall be borne and paid by such respective parishes, townships, places, and persons, or such of them, and in such proportions, as the said justices shall upon any appeal in their general or quarter sessions award and order, or as such courts wherein such actions, suits, or proceedings shall be instituted, shall adjudge and order, and shall not be charged to or be paid out of the county rate. Expences of appeals, &c. to be paid by parishes, &c. Justices may compensate persons employed out of county rate. XVI. AND be it further enacted, that it shall and may be lawful for the justices of the peace of any county, in general or quarter sessions or any adjournment thereof from time to time assembled, to order such allowances and compensations to be made to the overseers, churchwardens, constables, assessors, collectors, clerks, or other persons employed in the execution of this Act, which have not herein-before been provided for, from, by, and out of the monies assessed, levied, and collected by any county rate made under this or any former Act or Acts, as to the said justices shall appear reasonable and proper. XVII. AND whereas the allowance which the justices of the peace are authorized to make to the treasurer or treasurers for his or their care and pains in the execution of his or their office stands limited by the before recited Act, made in the twelfth year of the reign of his Majesty King George the Second, to a sum not exceeding twenty pounds a year: And whereas such sum has been in some and may be found in many cases inadequate to remunerate him or them for such care and pains: Be it hereby further enacted, that so much of the said Act as limits the said allowance to twenty 12 Geo. 2. c. 29. pounds a year is hereby repealed; and that it shall and may be lawful for the said in part. Further al Repeal of lowance may be made to treasurer. justices of the peace, at their respective general or quarter sessions, or the greater part of them then and there assembled, to allow to the treasurer or treasurers of their counties, and to every of them insisting on the same, such reasonable sum or sums of money for such purpose as aforesaid as they in their discretion shall think fit, of which they are hereby empowered to direct the payment out of the monies arising by the rates of their respective counties: Provided always, that no such augmentation of allowance shall be made at any such general or quarter sessions, unless application for such augmentation shall have been made by the said treasurer or treasurers, or the justices of the peace at some previous general or quarter sessions assembled, and unless notice of the intention of taking the said augmentation into consideration shall have been advertised for three successive weeks in some newspaper usually circulating in such county, in the month immediately preceding the time fixed for considering the same. 55 GEO. 3. c. 51. XVIII. AND be it further enacted, that the said several treasurers of counties, or of Treasurers of divisions of counties, shall and they are hereby required once in every year to publish, counties, or of in some one of the newspapers usually circulating in the county or division of the divisions of counties, to county in which they respectively act, a true and accurate abstract of the account of publish once in their receipts and expenditures, under their several heads, for the year immediately every year an preceding the publication of such abstract, signed by the justices of the peace who shall abstract achave audited the same, under a penalty of fifty pounds for every omission of such count of their publication. receipts and expenditures. XIX. AND be it further enacted, that the justices of the peace of the said several High concounties are hereby authorized and empowered to demand and take, whenever they stables to give shall think fit, good and sufficient security, to be approved of by the said justices in security, &c. general or quarter sessions assembled, from the high constables employed in the collecting and levying the rates; and that if any such high constable, upon being so called upon by the said justices, shall neglect or refuse to give such security as shall be approved by them, it shall then be lawful for the said justices of the peace, in quarter sessions assembled, to order and direct the churchwardens and overseers of the poor, or other persons appointed to assess, collect, and levy the rates of any parish, township, or place, to pay the quota which shall be assessed thereupon towards the county rate to the treasurer of the county, division, or place in which such parish, township, or place shall be situate; and the receipt of such treasurer shall be a sufficient discharge for the same. 66 XX. AND be it further enacted and declared, that all and every the clauses, powers, directions, provisions, and authorities contained in the said Act made in the twelfth year of his late Majesty King George the Second, intituled "An Act for the more easy assessing, collecting, and levying county rates," and also so much of another Act made in the thirteenth year of the reign of his said late Majesty King George the Second, intituled "An Act to continue several Acts therein mentioned, for punishing "such persons as shall wilfully and maliciously pull down or destroy turnpikes, for "repairing highways, or locks or other works erected by authority of Parliament for "making rivers navigable, for preventing exactions of the occupiers of locks and "weirs upon the river of Thames westward, and for ascertaining the rates of water "carriage upon the said river, for preventing frivolous and vexatious arrests, and "for better securing the lawful trade of his Majesty's subjects to and from the East "Indies, and for the more effectual preventing all his Majesty's subjects trading thither "under foreign commissions, and for limiting the time for suing forth writs of "certiorari upon proceedings before justices of the peace, and for regulating the time "and manner of applying for the same, for the better and more speedy execution of process within particular franchises and liberties, and for extending the powers and "authorities of justices of the peace of counties, touching county rates, to the justices "of the peace of such liberties and franchises as have commissions of the peace within "themselves," as relates to county rates (save and except such parts thereof respectively as are hereby varied, altered, or repealed), shall be good, valid, and effectual for the purposes of assessing, levying, collecting, and enforcing the payment of the rate or rates hereafter to be made in pursuance of this Act, and for carrying this Act into execution. 66 XXI. AND whereas several Acts have passed in the reign of his present Majesty, and are now in force, empowering the justices of the peace of certain counties to make Provisions of 12 Geo. 2. c. 29. and 13 Geo. 2. c. 18. as to county rates shall extend to this Act. fair and equal county rates within their respective counties: Be it hereby enacted, that Counties, where it shall and may be lawful to and for the said justices respectively, and they are hereby rates have been empowered, at any time and at all times after the passing of this Act, to proceed in the regulated by assessing, levying, and collecting and enforcing the payment of the county rate, and particular Acts, may make use in all matters relating to the equalizing the same, either under the authority and of the proaccording to the provisions and enactments of this Act, or under the authority and ac- visions of this cording to the provisions and enactments of the particular Acts affecting their respective Act. counties, as to them shall seem fit and proper, in all cases in which the provisions and enactments of this Act are not inconsistent with the provisions and enactments of such particular Acts. XXII, AND be it further enacted, that the several forfeitures and penalties inflicted by this Act shall, if not immediately paid, be levied by distress and sale of the offender's Forfeitures, &c. how to be levied and applied. 55 GEO. 3. goods and chattels, by virtue of any warrant under the hand and seal of any one c. 51. justice of the peace for the county, not only in the county in which the offence shall have been committed, but in any other county, city, town, borough, franchise, or place, (the warrant or warrants for levying the same being in such last-mentioned case first indorsed by some justice of the peace for the county, or mayor or other head officer of the city, town, borough, or franchise where any goods of the respective defaulters shall be found,) returning the overplus (if any) after the charges of such distress and sale shall be deducted; and in case sufficient distress shall not be found, then it shall be lawful for such justices to commit the offender to the common gaol of the said county, there to remain without bail or mainprize for any time not exceeding three calendar months, unless the forfeitures and charges be sooner paid; and the said forfeitures, when recovered, shall be paid to the treasurer of the county, or of any division thereof, in which they shall have been incurred, to be applied in aid of the rates of the said county or division thereof; and no person shall be deemed incompetent to be a witness for the execution of the purposes of this Act, or in any appeal or other proceeding instituted by virtue thereof, by reason of his paying or being liable to pay towards the poor rates or county rates within the said county. Ratepayers competent to be witnesses. Limitations of actions, &c. Provisions of this Act shall extend to places that have commis sions of the peace within themselves. XXIII. PROVIDED also, and be it further enacted, that no action or suit shall be brought, commenced, or prosecuted against any person, or persons for any thing done or to be done by virtue of or in pursuance of this Act after three calendar months next after the fact committed; and every such action shall be brought and laid in the county where the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in every such action or suit shall and may plead, at his, her, or their election, this Act specially, or the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance or by the authority of this Act; and if upon trial of such action or suit it shall appear to have been so done, or that such action or suit shall have been brought after the time limited for bringing the same as aforesaid, or be brought or laid in any other county than as aforesaid, then and in every the said cases the jury shall find a verdict for the defendant or defendants; and in all cases where a verdict shall be found for any defendant or defendants in such action or suit, or the plaintiff or plaintiffs therein shall discontinue the same after the defendant or defendants shall have appeared thereto, or shall be nonsuited, or if upon demurrer judgment shall be given against such plaintiff or plaintiffs, then and in every such case the defendant or defendants shall recover treble costs, and have the like remedy for recovering the same as any defendant or defendants hath or have for recovering costs of suit in any other cases by law[a]. XXIV. AND be it further enacted, that where any ridings or divisions have separate commissions of the peace, or where any cities, towns, or other places within that part of Great Britain called England have commissions of the peace within themselves, and are not subject to the jurisdiction of the commissions of the peace for the counties at large in which such liberties or franchises lie, and do not, nor did before the passing of this Act, contribute or pay to the several rates made for the said counties at large, it shall and may be lawful to and for the justices of the peace of such separate jurisdictions, within the respective limits of their commissions, to have, use, and exercise all and singular the powers, authorities, and methods given or prescribed by this Act; and all such separate jurisdictions are hereby declared to be subject thereto in the same manner to all intents and purposes as counties at large, any law, usage, or custom to the contrary notwithstanding. LONDON: Printed by GEORGE EDWARD EYRE and WILLIAM SPOTTISWOODE, Imperial 8vo., Cloth Boards. THE REVISED EDITION OF THE STATUTES, PREPARED UNDER THE DIRECTION OF THE STATUTE LAW COMMITTEE, Vol. I.-HEN. III. to JAS. II., A.D. 1325-6 to 1685 - to 1770 Price. 218. 20s. 17s. 18s. 25s. 26s. - 30s. ALSO, CHRONOLOGICAL TABLE AND INDEX OF THIRD EDITION, TO THE END OF THE SESSION OF 1874, 37 & 38 VICTORIA. TO WHICH IS APPENDED A TABLE SHOWING THE EXTENT TO WHICH THE PUBLIC ACTS OF THE PERIOD COMPRISED IN EYRE AND SPOTTISWOODE, HER MAJESTY'S PRINTERS, AND ALL BOOKSELLERS. |