(2) griev ances. justices of the peace for the county at any quarter sessions to be holden after the sessions at which such basis or standard was allowed and confirmed, against such part only of the basis or standard as may affect the parish or parishes, township or townships, place or places, which appear to be overrated or under-rated, or omitted altogether from the basis or standard (subject to the provisions hereinafter contained); and if in any case where any overseer or overseers, constable or other person as aforesaid of one parish or place appeals against the basis or standard of rate on any other parish or place, (1) on account of the same being altogether omitted Notice as from such basis or standard; or (2) on account of the same to (1) and being rated at less than the full and fair annual value thereof as aforesaid, such overseer, &c., shall give twenty-one days' notice in writing previous to the first day of the session at which such appeal shall be made, of the intention to appeal, and of the cause and matter thereof, to the overseers of the poor; or where there are no such overseers, to the person charged with the collection and levy of county rate in such other parish or place; and if in any case (3) where any such Notice as overseer, &c., appeal on the ground that any parish, &c., is to (3) rated on a sum beyond the full and fair annual value of the grievance. rateable property therein, such overseer, &c., shall give twenty-one days' notice thereof in writing, with the cause and matter thereof, to the clerk of the peace of the county, the justices shall be empowered to hear and determine such Court to appeal in manner by the Act directed, and either to confirm determine appeal. such parts of the basis or standard as have been appealed against, or to correct such inequalities or omissions as shall be proved to exist therein, in such manner as to the justices may appear fair, just, and equitable; but no such basis or standard shall upon any appeal be quashed or destroyed, in Basis not regard to any other parish, &c., unless in cases where the to be justices in quarter sessions assembled deem it necessary to quashed except in proceed to the making of an entire new basis or standard, entirety, and where they proceed therein according to the provisions to make of this Act. new rate. new survey. Under sec. 18, the Court may adjourn the hearing of such Court may appeal that a survey and valuation of the parishes may be adjourn for made in relation to the appeal; and may fix some subsequent sessions for receiving such survey and valuation, and for the hearing and determining the appeal; the Court may appoint a proper person to make the survey and valuation who shall have full power to make such survey by view, &c. By sec. 19, the costs of making such survey and valuation Costs of survey. Appeal will be costs in such appeal, and abide the event thereof. The Court may order costs to be paid by either party as the Court may think fit. Where the ground of appeal is that the parish, &c., is rated on a sum beyond the full and fair annual value of the property therein, and the decision shall be in favour of the appellants, the Court shall order the treasurer of the county rates to pay the appellants their costs out of the public stock of the county in his hands. In a further appeal clause (sec. 22), if the church warden or churchwardens, overseer or overseers of the poor, or other inhabitant or inhabitants of any parish, township or place, whether parochial or otherwise, where there is no churchwarden or overseer, or person appointed to act as such, shall at any time thereafter have reason to think that such parish, township or place is aggrieved by any rate or assessment to be made upon the basis or standard before mentioned, either in pursuance of this Act or any Act or Acts now in force, Grievances, whether it be (1) on account of the proportions assessed upon the respective parishes, &c., being unequal; or (2) on account of some one or more of them being without sufficient cause omitted altogether from the rate; or (3) on account of such parish, &c., being rated at a higher proportion of the pound sterling according to the fair annual value of the rateable property therein; or (4) on account of some other parish or parishes, &c., 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 (5) on account of the altered state of the value of the property assessed, or any part thereof; or (6) shall have any other just cause of complaint whatsoever, it shall be lawful for "Practic- such churchwarden or churchwardens, overseer or overseers able sesof the poor, or other inhabitant or inhabitants where there is no churchwarden, &c., to appeal to the justices at the next quarter sessions of the peace after such cause of appeal shall have arisen, against such part of the rate only as may affect the parish or parishes, &c., which are unequally rated, or which shall appear to be over-rated or under-rated, or omitted altogether from the rate: provided always, that fourteen clear days' notice in writing previous to the first day of such last mentioned quarter sessions shall be given by the parties intending to appeal to the parties against whose rate the appeal is to be made, also to the clerk of the peace of the county, and the hundred constable, of the grounds of such sions Sum. Juris. Act 1879, s. 32. Notice. appeal and the intention to try such appeal at such quarter sessions of the peace; and the justices are empowered to hear and finally determine the same; and either to confirm Court to such parts of the rate as have been appealed against, or to finally determine correct such inequalities, disproportions or omissions as shall appeal. be proved to exist therein as well in respect of the basis or standard as in the assessment of the rate made thereon, in such manner as to the said justices shall appear fair, just and equitable, anything in the Act or any law, usage, or custom, to the contrary thereof notwithstanding: provided Basis not that the rate shall not be quashed in regard to any other to be quashed parish, &c., unless where the justices shall deem it necessary to proceed to the making an entire new rate, and entirety to shall proceed thereon according to the Act. (Supra, make a sec. 17.) The party appealing must show that the parish, township, or place on whose part he appeals is rated in a higher proportion with reference to some other parish, &c., than it ought to be: R. v. Westmoreland JJ., 10 B. & C. 226. except in new rate. Notwithstanding the appeal the rate is to be raised and Rate to be levied. If on the hearing of the appeal the rate shall be collected ordered to be set aside, decreased or lowered, and any sums although appeal and have been previously paid which ought not to have been return paid, the Court "shall" order such sums to be repaid out of the ordered. general rate of the county (sec. 23). See 57 Geo. 3, c. 94, 8. 2. By sec. 24 the expenses of the appeals are to be borne in Costs. such proportions as the Court may order. For the more effectual prevention of frivolous appeals, the Frivolous justices, upon proof before them of notice of any appeal appeals. having been given as authorised though the parties giving Costs. the appeal did not afterwards prosecute it, shall and may at the same sessions award and order to such person to whom such notice shall appear to have been given, such costs and charges as shall be thought reasonable and just to be paid by those giving the appeal. Section 51 defines "county" to mean any riding or division Definitions. having a separate commissioner and treasurer; and any liberty, franchise, or other place in which rates in the nature of county rates may be levied, having a separate commission of the peace and not subject to the county or counties at large in which such liberty, &c., may lie, nor contributing to the county rates. And county rate means every rate assessed in the county or division for all purposes to which a county rate may be liable. 66 stock charged. Section 52 defines a "parish" as a place maintaining its own poor, or one for which a separate poor rate may be made; a "union" means any number of parishes united together under the Poor Law Acts; "guardians" mean any board of guardians acting under the Poor Law Acts; and "hundred" means any hundred, wapentake, ward, or other district in the nature of a hundred by whatever name denominated. See R. v. Carmarthen, ante, p. 107. County When a duty is imposed on a county, and costs are incidentally and necessarily incurred in enforcing it, the magistrates have the right to defray them out of the county stock; Lord Kenyon, C. J., R. v. Essex, 4 T. R. 594. But they cannot defray expenses not connected with county matters; as refreshments supplied as sessions expenses." R. v. Saunders, 3 E. & B. 763; R. v. Williams, 3 B. & A. 215. Excepting under express enactment, a rate cannot be made to reimburse antecedent expenses, although incurred for county purposes. R. v. Flintshire JJ., 5 B. & A. 761; see Cortis v. Kent Waterworks Co., 7 B. & C. 314; Harrison v. Stickney, 2 H. L. C. 108; so also R. v. St. Peter's, York, 2 Lord Raym. 1249. 66 The various claims upon the county stock and rates are created by numerous statutes; but as the particular items are not the subject of appeal, they can only be referred to as incidental to the proceedings affecting the several subjects treated of in this work. Object of Definition of "dealer in old metals." DEALERS IN OLD METALS. 24 & 25 Vict. c. 110. The 24 & 25 Vict. c. 110 was passed to extend to dealers in old metals the beneficial action of 17 & 18 Vict. c. 104, s. 480, as to marine store dealers, and which it had been found had diminished the facilities for disposing of stolen goods. Section 3 defines the term "dealer in old metals" as a person buying and selling old metal, scraps of broken metal, or partly manufactured metal goods, or defaced, or old metal goods, whether such person deals in such articles only or together with second-hand goods or marine stores; and the term "old metal" shall mean such articles. Section 5. Dealers in old metals being also marine store To comply dealers under 17 & 18 Vict. c. 104, s. 480, are to conform to with 17 & the regulations of that section; and by sec. 6 each dealer is 18 Vict., c. 104, to keep the police acquainted with his place of business. s. 480. Section 8 provides for the mode in which the dealer shall conduct his business, and the books he shall keep and entries he shall make therein, under a penalty of not less than 20s. or more than £5; and for every subsequent offence not less than £5 or exceeding £20. honest Under sec. 4 upon complaint on oath to a justice of the Search peace that the complainant believes that old metal stolen or warrant unlawfully obtained is kept in any house, shop, room, or may issue, place by any dealer in old metals within the limits of the justice's jurisdiction, such justice may authorise by special warrant any constable to enter in the daytime such premises and to search for and seize all such old metals found there, and carry the same before a justice exercising a similar jurisdiction. And such dealer may then be summoned to Onus of appear before two justices at a time and place to be named proof of in the summons; and if such dealer shall not then and there possession prove to the satisfaction of such justices how he came by the of the articles, or if he shall be found in possession of any old metal dealer. which has been stolen or unlawfully obtained, and it shall be proved, on his being taken before two justices, to their satisfaction, that at the time when he received it he had reasonable cause to believe it to have been stolen or unlawfully obtained, then, in either case, he will be liable to a penalty not exceeding £5; and for any subsequent offence to a penalty not exceeding £20; or imprisonment with hard labour for any period not exceeding three calendar months. But this provision is not to interfere with the proceeding by indictment. Under sec. 9, penalties may be recovered under 11 & 12 Vict. c. 43; and costs of prosecution under 7 Geo. 4. c. 64. Sec. 11 gives an appeal in all cases of convictions under Appeal. the 4th sec. and in all other cases of convictions under the Act where the sum adjudged to be paid exceeds £5, and the person thinks himself aggrieved by such conviction. He may then appeal to the next Court of Quarter Sessions which is holden not less than twelve days after the day of such refusal or conviction for the county, &c. wherein the case has been tried; provided, that such person shall give to the justices or the complainant, as the case may be, a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction; and seven |