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must be taken that the sum be specified in their order before the end of the sessions, for the justices or recorder have no authority by law to do so afterwards; and if time be required for this purpose, to get the costs taxed, or the like, the sessions must be adjourned. R. v. Long, MS. Q. B. E. 1841. 1 Q. B. 740. See R. v. JJ. of Westmoreland, Per Coleridge, J. 12 Law J. 113, m. Semb. cont. The law in this respect, however, is intended to be altered by a bill now before parliament, relating to the removal and settlement of the poor.

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1. For what purposes, p. 393.

2. Rate, when and how made, &c. p. 394.
3. Rate, how levied and paid over, p. 404.

4. Business at sessions, relating to it, p. 408.
5. Appeal, p. 409.

6. Borough rate, p. 410.

1. For what Purposes a County Rate may be made.

The purposes to which a county rate is applicable, are noticed under their proper heads, in the course of this work. The following concise list of them is given, for the purpose of referring to them.

Apprentices, cost of prosecuting the master for ill-treatment of. 32 G. 3, c. 57, s. 11. See ante, p. 120.

Bridges, repairing. 22 H. 8, c. 5.

p. 232.

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See ante,

Coroner's fees. 25 G. 2, c. 29. 1 Vict. c. 68.

p. 391.

Dead bodies cast on shore, burial of. 48 G. 3, c. 75, s. 6. Post, p. 418.

Fine upon the county, expenses of litigating and setting it aside. R. v. Essex, 4 T. R. 591.

Gaols and houses of correction, building and repairing: 4 G. 4, c. 64; for setting the prisoners to work; Id. Salaries to chaplain, officers, &c. Id.

Insolvents, expenses of bringing them up before a commissioner on circuit, and the expenses of court-houses, clerks, &c. 1 & 2 Vict. c. 110, s. 109.

Lunatics, county asylums for. 8 & 9 Vict. c. 126.

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Prisoners, charges of conveying them to prison; 27 G. 2, c. 3, s. 1, ante, p. 300; gaoler's fees for; 55 G. 3, c. 50. G. 3, c. 60; allowance to, on being discharged; 5 G. 4, c. 85, s. 22, &c.; relief of, in the Queen's Bench, Fleet and Marshalsea prisons, 53 G. 3, c. 113.

Prosecutions, expenses of; 7 G. 4, c. 64, s. 22, &c.; but not for the prosecution of any misdemeanors not enumerated in 7 G. 4, c. 64, s. 23, even although the prosecution were carried on by order of a magistrate. See R. v. W. R. Yorkshire, 7 T. R. 377.

Shire-hall, repairing. 7 G. 4, c. 63.

Transportation, removal of prisoners for the purpose of. 5 G. 4, c. 84, s. 21.

Treasurer of county, his salary, &c. 12 G. 2, c. 29, s. 11. 55 G. 3, c. 51, s. 17.

Vagrants, costs of prosecuting, &c. 5 G. 4, c. 83, ss. 9, 12. Weights and measures, procuring models of. 5 & 6 W. 4, c. 63, s. 17.

2. Rate when and how made, &c.

When according to the Old Assessments.

Formerly the charges upon a county for such purposes as above-mentioned, were provided for by several Acts of Parliament, and levied under separate rates: there was no general county-rate. This, besides being harrassing and inconvenient, was found to be very expensive, the expense of collection being often more than the amount required. To remedy this, the stat. 12 G. 2, c. 29, s. 1, after reciting the above statutes, enacted that the justices of the peace, at their general or quarter sessions, shall have full power and authority, from time to time, to make "one general rate or assessment for such

sum or sums of money as they in their discretions shall think sufficient to answer all and every the ends and purposes of the before-recited Acts, instead and in lieu of the several separate and distinct rates directed thereby to be made, levied, and collected; which rate shall be assessed upon every town, parish, or place within the respective limits of their commissions, in such proportions as any of the rates heretofore made in pursuance of the said several Acts have been usually assessed;" and the several and respective sums so assessed, shall be collected by the high constables of the respective hundreds and divisions in which any town, parish, or place doth lie, in such manner and at such times as is hereinafter directed. 12 G. 2, c. 29, s. 1. But no new rate shall be made, until it shall appear to the said justices at their respective general or quarter sessions, by the accounts of their treasurer or otherwise, that three-fourths of the money collected by virtue of the preceding rate, have been expended for the uses and purposes aforesaid. Id. 8. 10.

In what Cases, a New Assessment.

The rate under the above statute, 12 G. 2, c. 29, was to be made upon the several parishes, &c. in the county, in the proportions usually adopted in rating under the former Acts of Parliament. As these proportions however had from several causes become very unequal, it was thought right, in all cases where circumstances should require it, to enable the justices at sessions to assess each parish, &c. in the county, according to a pound rate of the annual value of the property within it This was done by stat. 55 G. 3, c. 51, s. 1, by which it was enacted, that the justices at their quarter sessions, or at any adjournment thereof, whenever circumstances shall appear to require it, may order and direct a fair and equal county-rate to be made, for all the purposes to which the county stock ot rate is liable, according to the directions therein mentioned, and for that purpose to assess and tax every parish, township, and other place, whether parochial or extra-parochial, within the limits of their commissions (see R. v. Hayward, 6 Ad. & El 590,) rateably and equally, according to a certain pound-rate (to be from time to time fixed and publicly declared by such justices) of the full and fair annual value of the messuages, lands, tenements, and hereditaments, rateable to the relief of the poor therein. 55 G. 3, c. 51, s. 1.

How made.

Committee of justices to make county rate.] By stat. 8 & 9 Vict. c. 111, s. 1, the justices of the peace of every county in

England, assembled at their general or quarter sessions of the peace, or at any adjournment thereof, may, from time to time, as often as they may deem it necessary, "appoint any number of justices, not exceeding eleven in number nor less than five, to be a committee for the purpose of preparing fair and equal county rates, or of altering and amending such rates from time to time as circumstances may require." Sect. 1. And they may appoint a clerk to assist them. Id. s. 3. And the committee, from time to time, may make such allowances and compensations to their clerk, and to the overseers, constables, collectors, surveyors, or other persons employed in the execution of this Act, as to them shall appear reasonable and proper, which, together with the costs of printing and other expenses necessarily incurred by the said committee in or about the preparing or amending any rate, shall be paid, by an order of the court of general or quarter sessions of the peace, out of the county stock." Id. s. 10.

Their meetings.] The committee so appointed, "shall hold their first meeting after their appointment at such time and place as shall be fixed by the said court of quarter sessions, and their subsequent meetings at such times and places as they shall themselves appoint for carrying this Act into execution; and at every meeting of the said committee, if three or more members thereof are present, they shall be competent to act as fully and effectually as if all the members of the said committee were present." Id. s. 2.

What property rateable.] "The property liable to be assessed towards the county rate, shall be taken to be the property which in any parish or place maintaining its own poor is liable to be rated to the relief of the poor, or which in any place not maintaining its poor would be liable to be rated for the relief of the poor if such place were a parish." Id. s. 5.

Committee may call for returns, poor rates, valuations, &c.] For the purpose of preparing such fair and equal county rates, "the said committee, by their order in writing, to be signed by their clerk, may from time to time, as often as they may deem it necessary, direct the overseers of the poor,—constables, assessors, and collectors of public rates of or for any parish, township, or place within the county,-and all other persons having the custody or management of any public or parochial rates or valuations of any such parish, township, or place,-to make returns in writing to the said committee, at such times and places as they may appoint, of the amount of the full and fair annual value [that is to say, the net annual value of property, as it is required to be estimated for the purpose of assessing the poor-rate, Id. s. 6,] of the whole or of any part of

the property within the parish, township, or place liable to be assessed toward the county rate, together with the date of the last valuation for the assessment of such parish, and the name of the surveyor by whom the valuation was made; and the overseers of the poor required to make any such return in respect of any parish, township, or place maintaining its own poor, and the constable or other person required to make any such return in respect of any place not maintaining its own poor,-shall, before they present the same to the said committee, lay the same before a vestry meeting of the parish, township, or place for which they act, or (where no vestry meeting is held) before some other meeting of the inhabitants of such place, if any such there be, at which the public business of such place is commonly transacted." Id. 8. 4.

And "the said committee may from time to time, as often as they may deem it necessary, by their order in writing, signed as aforesaid, require the said overseers of the poor, constables, assessors, collectors, and any other persons whomsoever, to appear before them when and where and as often as the said committee may deem expedient, and to produce all parochial and other rates, assessments, valuations, apportionments, and other documents in their custody or power relating to the value of or assessment on all or any of the property within the several parishes and places aforesaid which may be liable to be assessed toward the county rate,-and to be examined on oath, and answer such questions as the said committee may put to them respectively touching the said rates, assessments, valuations, or apportionments, or the value of the property aforesaid; and the said committee shall be authorized and empowered to administer such oath, and to examine the parties upon oath as aforesaid." Id. s. 7.

And " every overseer of the poor, constable, assessor, collector, or other person, so required to make returns, or to appear as aforesaid, who shall, without any reasonable excuse, neglect to make such returns in writing as aforesaid, or wilfully make any false return,-and every person who shall neglect or refuse to appear when required so to do as aforesaid, or to be sworn or examined, or to produce such documents as herein-before provided, shall forfeit a sum not exceeding twenty pounds, to be prosecuted and recovered, by order of the said committee, before any two of Her Majesty's justices of the peace." Id. 8. 8.

And "if any overseers neglect to make any such return in writing as aforesaid, or wilfully make any false return or statement of the amount of the full and fair annual value of the property within the parish, township, or place liable to be assessed towards the county rate,-any court of general or quarter sessions of the peace, upon the report of the said committee, may order that the whole of the expenses incurred by

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