CHAPTER V.

Rate in Aid.

By stat. 43 El. c. 2, s. 3, " if the said justices of the peace (a) do perceive that the inhabitants of any parish are not able to levy among themselves sufficient sums of money for the purposes aforesaid, then the said two justices shall and may tax, rate, and assess as aforesaid (b) any other of other parishes, or out of any parish within the hundred where such parish is, to pay such sum and sums of money to the churchwardens and overseers of the said poor parish for the said purposes, as the said justices shall think fit, according to the intent of this law; and if the said hundred shall not be thought to the said justices able and fit to relieve the said several parishes not able to provide for themselves as aforesaid, then the justices of peace, at their general quarter sessions, or the greater number of them, shall rate and assess as aforesaid any other of other parishes, or out of any parish within the said county, for the purposes aforesaid, as in their discretion shall seem fit."

If the parish to be rated be within the same hundred with the parish to be aided, the rate must be by two or more justices out of sessions; and their order must show that both parishes are within the same hundred (c), or within some division in the nature of a hundred (d). The sessions have no original jurisdiction to make the order, where the parishes are thus within the same hundred (e). If on the other hand the parishes be not within the same hundred, but within the same county (and they must in all cases be within the same county) (f), the rate must be made by the justices at sessions, and it is not necessary in such a rate to show that any previous application had been made to justices out of sessions to rate a parish within the hundred (g). This rate also must be made by the justices, and not as in ordinary cases by the churchwardens and overseers; and where justices by their order directed the churchwardens and overseers of a parish to assess, raise, and levy a sum towards the maintenance of the poor of another parish, the court quashed the order (h). If justices

(a) See sect. 1, ante, p. 145. (b) See ante, p. 145.

(c) Boroughfen v. St. John's, Fol. 27, 1 Bott, 348. St. Benedict v. St. Peter's, Fol. 31, 1 Bott, 350. (d) R. v. Tithing of Milland, 1 Burr. 576.

(e) R. v. Eastchurch, 1 Bott, 350,

per Holt, C. J. R. v. Griesley, 2 Set. & Rem. 259.

(f) R. v. Holbeche et al., 4 T. R. 778.

(g) R. v. Percival, 1 Str. 56. (h) St. Mary's v. St. Peter and Paul's in Marlborough, 2 Str. 1114.

refuse to make this rate, when they ought, the court may compel them to do so by mandamus. Such rates, however, in modern times, very rarely occur in practice.

The rate may be upon one vill, in aid of another vill in the same parish (i). It may even be upon certain inhabitants of another parish, &c. without rating the whole parish &c. (k). It must be to raise a sum certain, and not, as in ordinary cases, a rate merely at so much in the pound, without stating the gross amount (1). It must appear to be a temporary, and not a continuing charge (m); but where it was for one gross sum for a year, and it was objected that the parish possibly would not require the aid for such a length of time, still the court refused to quash it (n).

(i) Anon., 1 Bott, 348.

(k) R. v. Knightley, Comb. 309. R. v. Boroughfen, Fol. 29, 1 Bott,

351.

(1) R. v. Telscombe, 1 Str. 314.

St. Mary's v. St. Peter and Paul's in Marlborough, 1 Str. 1114.

(m) R. v. St. Mary's in Marlborough, 2 Str. 700.

(n) R. v. Knightley, Comb. 300.

CHAPTER VI.

Appeal against a Rate.

SECTION I.

Appeal to the Special Sessions.

By stat. 6 & 7 W. 4, c. 96, s. 6, "The justices acting in and for every petty sessions' division, shall four times at least in every year hold a special sessions, for hearing appeals against the rates of the several parishes within their respective divisions, and shall cause public notice of the time and place when and where such special sessions will be holden, to be affixed to or near to the door of the parish church of the said parishes twenty-eight days at the least before the holding of the same; and such special sessions shall and may be adjourned from time to time by the justices there present, as they may think fit; and at such special or adjourned sessions, the justices there present shall hear and determine all objections to any such rate on the ground of inequality, unfairness, or incorrectness in the valuation of any hereditaments included therein, which decision shall be binding and conclusive on the parties, unless the person impugning such decision shall within fourteen days after the same shall have been made, cause notice to be given in writing of his intention of appealing against such decision, and of the matter or cause of such appeal, to the person or persons in whose favour such decision shall have been made, and within five days after giving such notice shall enter into a recognizance before some justice of the peace, with sufficient securities, conditioned to try such appeal at the then next general or quarter sessions, and to abide the order of and pay such costs as shall be awarded by the justices at such sessions; and such justices, upon hearing and finally determining such matter of appeal, shall and may, according to their discretion, award such costs to the party appealing or appealed against as they shall think proper."

Where upon an appeal to the special sessions against a rate, the rate was confirmed; the appellant then wishing to appeal from the decision to the quarter sessions, entered into the recognizance required by the statute, a minute of which was then entered in a minute book by the deputy clerk of the peace, and signed by one of the justices present; afterwards a record of the recognizance was made up and sent to the

quarter sessions, but because this record was not signed by a justice, the quarter sessions refused to hear the appellant, and quashed the appeal: the court however held that as the recognizance had actually been entered into, the sessions were bound to hear the appeal, and they accordingly granted a mandamus to the justices to enter continuances and hear it (a). By the above section, it is provided, "that no such objection shall be inquired into by the said justices in special session, unless notice of such objection in writing, under the hand of the complainant, shall have been given seven days at least before the day appointed for such special session, to the collector, overseers, or other persons by whom such rate was made" (b). And notice of appeal must also be given within a reasonable time after the making of the rate; otherwise the justices are not bound to hear it. Where the North Western Railway Company were rated by a rate made the 7th December, 1848, paid a portion of the amount, but afterwards on the 12th July, 1849, they gave notice that they should appeal against the rate at the next special sessions, which were to be holden on the 9th August, 1849; but as two special sessions had been holden in the interval be tween the making of the rate and the giving notice of appeal, the justices, when the case came on for hearing, held that the appellants had not appealed within a reasonable time, and they therefore refused to hear the appeal; and the court held that they were right; that the appeal in such a case must be within a reasonable time, and what shall be deemed a reasonable time is a matter entirely for the justices' decision (c). The statute provides also, "that the said justices in special session shall not be authorized to inquire into the liability of any hereditaments to be rated, but only into the true value thereof, and into the fairness of the amount at which the same shall have been rated" (d).

"The justices present at any such special or adjourned session shall, for the aforesaid purpose, have all the powers of amending or quashing any such rate, and of awarding and recovering costs, which any court of quarter sessions of the peace has upon appeals from any such rate, except as herein excepted; and no order of the said justices shall be removed by certiorari or otherwise; provided that nothing in this Act contained shall be construed to deprive any person or persons of the right to appeal against any rate to any court of general or quarter sessions; provided also, that no order of the said justices in special sessions shall be of any force, pending any

(a) R. v. JJ. of St. Albans, MS. M. 1838, 8 Ad. & El. 932. (b) 6 & 7 W. 4, c. 96, s. 6.

(c) R. v. JJ. of Lancashire, 19 Law J. 199, m.

(d).6 & 7 W. 4, c. 96, s. 6.

appeal touching the same subject-matter to the court of general or quarter sessions, or in opposition to the order of any such court upon such appeal” (e).

Also, by stat. 7 & 8 Vict. c. 110, s. 70, if any party to such proceeding shall request that any person be summoned to appear as a witness in such proceeding, it shall be lawful for any justice to summon such person to appear and give evidence, upon the matter of such proceedings; and if any person so summoned neglect or refuse to appear to give evidence at the time and place appointed in such summons, and if proof upon oath be given of personal service of the summons upon such person, and that the reasonable expenses of attendance were paid or tendered to such person, it shall be lawful for such justice, by warrant under his hand and seal, to require such person to be brought before him, or any justices before whom such proceedings are to be had; and if any person coming or brought before any such justices in any such proceedings refuse to give evidence thereon, it shall be lawful for such justices to commit such person to any house of correction within their jurisdiction, there to remain without bail or mainprise for any time not exceeding fourteen days, or until such person shall sooner submit himself to be examined, and in case of such submission the order of any such justices shall be a sufficient warrant for the discharge of such person.

In what cases.] By stat. 43 El. c. 2, which authorized the making and levying a poor rate by the churchwardens and overseers of the poor of every parish, with the consent of two justices of the peace, it is provided by sect. 6, that "if any person or persons shall find themselves grieved with any cess or tax, or other act done by the said churchwardens and other persons, or by the said justices of the peace,-that then it shall be lawful for the justices of the peace, at their general quarter sessions, or the greater number of them, to make such order therein as to them shall be thought convenient; and the same to conclude and bind all parties."

(e) 6 & 7 W. 4, c. 96, s. 7.