and fair annual value, the person so aggrieved may appeal to the next court of general or quarter sessions for the county or franchise in which the cause of appeal arises, not less than twenty-one days after public notice of such assessment has been given as hereinbefore mentioned; provided that the person so intending to appeal shall give to the said board a notice in writing of such appeal, and of the cause and matter thereof, ten clear days at the least before such sessions, and shall also, within three days after his notice of appeal, enter into a recognizance before some justice of the peace of the county or franchise, with two sufficient sureties, conditioned to try such appeal at the said sessions, and to abide the order of the court thereupon, and to pay such costs as shall be by the court awarded; and in case such person appeal on the ground that any person is omitted out of the assessment, or that the property of any person is assessed below its full and fair annual value, the party so appealing shall not only give such notice of appeal to the said board, and enter into such recognizance as aforesaid, but shall also give a like notice of appeal to the person so interested in the event of such appeal as aforesaid; and the person so interested shall, if he desire it, The assess- be heard upon the appeal; and the justices of the peace altered to re- at such sessions or some adjournment thereof, upon due lieve the ap- proof of the notice having been given, and of the recognizance having been entered into as aforesaid, shall hear and determine the matter of the appeal in a summary manner, and shall make such order therein, with or without costs to either party, as the said justices think proper; and in case the said justices think the appellant entitled to relief, they shall order the assessment to be amended in such manner as may be necessary for giving him relief, and shall also order any money paid by him which he was not liable to pay to be returned to him ; and in case he have appealed on the ground that any person is omitted out of the assessment, the said justices may order the name of such person to be inserted in the assessment, and to be therein rated at such amount as ment may be pellant with out altering any other part of it. they deem just; and in case the appellant have appealed on the ground that the property of any person is assessed below its full and fair annual value, the said justices may order the amount at which such person is rated in the assessment to be altered in such manner as they deem just; and the proper officer of the court shall in each of the cases aforesaid forthwith amend the assessment accordingly, but the assessment shall not be quashed or altered with respect to any other persons named therein; and the determination of the justices at any such sessions or adjournment shall be final and conclusive. Provisions for discharging existing Liabilities of Boards or Bodies having Powers of paving, &c., and of the Metropolitan Commissioners of Sewers. liabilities under local to paving, &c. (a). CLXXX. All debts and liabilities legally charged Provision for discharging upon or payable out of any rates or assessments autho- existing rized to be levied or made under any Act relating to the paving, lighting, watering, cleansing, or improving of Acts relating any parish in either of the schedules (A.) and (B.) to this Act, or any part of any such parish, shall be charged upon the rates (other than those to be raised for defraying expenses of sewerage, and (where separate rates are made under this Act for defraying expenses of lighting) expenses of lighting,) to be raised under this Act in such parish or part, and the several district boards and vestries shall cause the sums necessary for discharging such deb and liabilities to be raised in their respective districts and parishes accordingly; and such boards and vestries shall once in every year set aside, out of the rates charged under this Act with such debts and liabilities, such sum as they think proper, not being less than (a) See 25 & 26 Vict. c. 102, s. 79, post, authorizing, under special circumstances, sums advanced after the passing of the Act for paving part of the Bedford estate in St. Pancras to be added to debt. such per-centage as hereinafter mentioned; that is to say, three pounds per centum where the amount of principal debt (exclusive of annuities) does not exceed one fourth of the rateable value of the property rateable for payment thereof, and in other cases two pounds per centum on the amount of the principal debt (exclusive of annuities), for the purpose of paying off such principal, except where the interest only of such debt is charged upon such rates or assessments as aforesaid, and except also where any such debt was contracted under the authority of a local Act, and the local Act did not require that the principal of such debt should be paid off within a limited time; and the sums so from time to time set aside, and all monies applied in augmentation thereof, and the proceeds thereof respectively, shall be applied and dealt with, for the purpose of paying off such principal as aforesaid, in manner by this Act provided with respect to sums set aside for the purpose of providing a fund for paying off mortgages granted under this Act: Provided always, that where any debts or liabilities are charged on any rates or assessments not wholly levied or made in or upon any one parish mentioned in schedule (A.) to this Act, or any one district mentioned in schedule (B.) to this Act, the metropolitan board of works shall apportion such debts and liabilities between the respective parishes and districts in or upon which such rates or assessments are authorized to be levied or made, and shall certify to the district board and vestry respectively of every such district and parish the amount of the apportioned part of such debts and liabilities to be discharged by rates to be raised in such parish or district, or any part thereof, under this Act, and such apportioned part shall be discharged accordingly (b): Provided also, that nothing in this enactment shall affect the right of any creditor to require payment of any such debt as (b) See note (g), p. 63, ante, as to apportionments made by metropolitan board under this and the 93rd section. aforesaid within any less time than is prescribed by this enactment for the payment thereof. payment of commis sewers. CLXXXI. Notwithstanding the determination or ex- Provision for piration of the said Act of the eleventh and twelfth years liabilities of of her Majesty, chapter one hundred and twelve, all metropolitan mortgages, annuities, securities, and other debts and sioners of liabilities which at or immediately before such determination or expiration may be a charge on or payable out of all or any of the rates authorized to be levied thereunder shall continue in full force, and be a charge on the districts or parts (c) in which such rates would have been authorized to be levied in case such Act had continued in force, and all persons who may be entitled to any such mortgages, annuities, or debts shall have priority in respect of all monies advanced before the passing of this Act over any monies advanced to the metropolitan board of works under this Act, and shall have the like priority (a) among themselves as they are now entitled to under the said Act of the eleventh and twelfth years of her Majesty, chapter one hundred and twelve, or any Act continuing or amending the same; and the sums from time to time becoming payable under or required for payment of the said mortgages, annuities, securities, debts, and liabilities shall be raised by the metropolitan board of works in such districts or parts in like manner as the expenses of such board in the execution of this Act; and in case any such district or part be (c) See the limits included within the metropolitan commission of sewers, s. 145, note, (e) ante. The 25 & 26 Vict. c. 102, s. 2, post, redistributes the debt in respect of certain works of sewerage, and makes it payable out of monies borrowed on the security of the main drainage rate; and see sect. 3 of the same Act, and schedule specifying the securities, &c., on which the debt on the loan from the Clergy Mutual Insurance Society shall stand charged, and note to that section. See also sect. 4, saving rights and remedies of persons holding securities. (d) As to these priorities, see note (e) to sect. 4 of 25 & 26 Vict. c. 102, post. Where inetropolitan wholly or in part without the limits of the metropolis, as defined by this Act, the said metropolitan board shall from time to time issue precepts under their seal to the overseers (e) of the parish or parishes in which any part without such limits is comprised, requiring payment to the treasurer of the said board or into any bank in such precepts respectively mentioned, within such respective times as may be therein limited, of such sums as it may be necessary to raise in such part for the purposes aforesaid; and the provisions herein contained respecting the levying and payment of money by overseers in pursuance of any order of a vestry or district board shall be applicable, mutatis mutandis, to and for the levying and payment of money by overseers in pursuance of any such precept as aforesaid of the said metropolitan board (ƒ); and the said board shall once in every year set aside such sum as they think proper, not being less than two pounds per centum on the amount of all principal monies (exclusive of annuities) becoming payable by them under this enactment, for the purpose of paying off all such principal monies; and the sums so from time to time set aside, and all monies applied in augmentation thereof, and the proceeds thereof respectively, shall be applied and dealt with, for the purpose of paying off such principal monies as aforesaid, in manner by this Act provided (9) with respect to sums set aside for the purpose of providing a fund for paying off mortgages granted under this Act, and the sums to be so set aside shall be raised by such board in manner aforesaid. CLXXXII. Where the metropolitan commissioners of (e) See definition of word " (f) Those provisions are contained in the 161st and follow- (g) See ss. 190, 191.. |