LONDON: Printed by GEORGE EDWARD EYRE and WILLIAM SPOTTISWOODE, Printers to the Queen's most Excellent Majesty. 1876. THE STATUTES-REVISED EDITION. 41 GEORGE III. A.D. 1801. STATUTES MADE AT THE PARLIAMENT BEGUN AND HOLDEN AT WESTMINSTER, THE TWENTY-SECOND DAY OF JANUARY, IN THE FORTY-FIRST YEAR OF THE REIGN OF BEING THE FIRST SESSION OF THE FIRST PARLIAMENT OF THE UNITED CHAPTER XXIII. AN ACT for the better Collection of Rates made for the Relief of the Poor. WHEREAS by an Act of Parliament, made and passed in the seventeenth " 17 Geo. 2, c. 38. year of the reign of his late Majesty King George the Second, intituled "An Act for remedying some defects in the Act, made in the forty-third year Recital of " of the reign of Queen Elizabeth, intituled 'An Act for the relief of the poor,' power was given to justices of the peace, upon appeals from rates and assessments, where they should see just cause to give relief, to amend the same in such manner only as should be necessary for giving such relief, without altering such rates or assessments with respect to other persons mentioned in the same: And whereas the quashing or setting aside of rates or assessments made for the relief of the poor, is attended with great inconvenience; and it hath happened, in consequence of the rate or assessment being quashed or set aside, or of notice of appeal against the whole rate being given, the churchwardens and overseers of the poor have not had any money in hand for the relief and maintenance of the poor: For remedy whereof, may it please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act, upon all On appeal from any poor appeals from any rate or assessment made for the relief of the poor of any rate, the quar parish, township, vill, or place, the court of general or quarter sessions of the ter sessions peace shall, and such court is hereby authorized and required (in all cases it without where they shall see just cause to give relief) to amend such rate or assess- quashing it; or, ment, either by inserting therein or striking out the name or names of any may quash the if necessary, person or persons, or by altering the sum or sums therein charged on any rate, but the person or persons, or in any other manner which the said court shall think shall notwithnecessary for giving such relief, and without quashing or wholly setting aside standing be such rate or assessment: Provided always, that if the said court shall be of may amend sum assessed levied. VOL. IV. A Notice of ap peal not to of the rate, provided the sum be not greater than that assessed in the last effective rate. opinion that it is necessary, for the purpose of giving relief to the person or persons appealing, that the rate or assessment should be wholly quashed, then the said court may quash the same; but nevertheless, all and every the sum and sums of money in and by such rate or assessment charged on any person or persons, shall and may be levied and recovered by such ways and means, and in such and the same manner, as if no appeal had been made against such rate or assessment; and all and every the sum and sums of money which any person or persons charged in such rate or assessment shall pay, or which shall be levied upon or recovered from him, her, or them, shall be deemed and taken as payments on account of the next effective rate or rates, assessment or assessments, which shall be made for the relief of the poor of the same parish, township, vill, or place. II. AND be it further enacted, that from and after the passing of this Act, prevent distress all and every the sum and sums of money at which any person or persons is or being made are or shall be rated or assessed, in any rate or assessment made for the relief of the poor of any parish, township, vill, or place, shall and may be levied and recovered by distress, and all other lawful ways and means, notwithstanding the person or persons so rated or assessed, or any other person or persons, shall have given notice of appeal from or against such rate or assessment, for any cause whatsoever: Provided always, that if any person, rated or assessed in any rate or assessment made for the relief of the poor, shall give such notice of appeal as herein-after mentioned to the churchwardens and overseers of the poor of any parish, township, vill, or place, or any two of them, then, from and after the giving of such notice, and until the appeal shall have been heard and determined, no proceedings shall be commenced or carried on to recover any greater sum or sums of money from such person or persons, than the sum or sums at which he, she, or they, or any occupier of the same premises, shall have been rated or assessed in the last effective rate which shall have been collected in such parish, township, vill, or place. Quarter sessions having ordered a rate to be quashed, may order the sum charged on any person not to be paid, and stop proceedings for the recovery thereof, &c. III. AND be it further enacted, that in case the said court of general or quarter sessions of the peace shall upon appeal order any rate or assessment for the relief of the poor to be quashed, it shall be lawful for the said court to order that any sum or sums of money, in and by such rate or assessment charged on any person or persons, or any part of any such sum or sums, not to be paid; and then and in every such case no proceedings shall, after making such order, be commenced, or if any proceedings have been previously commenced, such proceedings shall be no further prosecuted or carried on for the purpose of levying or enforcing the payment of any sum or sums which shall be so ordered by the said court not to be paid as aforesaid: Provided always, that no justice of the peace, constable, or other officer of the peace or other person shall be deemed a trespasser, or liable to any action, for any warrant, order, act, or thing which such justice, constable, or other officer or person shall have granted, made, executed, or done for the purpose of levying or enforcing the payment of any such sum or sums of money, before he shall have had notice in writing of the order for the non-payment of such sum or sums of money, which the said court is hereby authorized to make as aforesaid. IV. AND be it further enacted, that, from and after the passing of this Act, peal to be given all notices of appeal from or against any rate or assessment made for the relief of the poor, or from or against the account of the churchwardens and Notices of ap to church wardens and the poor, &c., and grounds of appeal stated in such notices. overseers of the poor of any parish, township, vill, or place, shall be in writing, overseers of and shall be signed by the person or persons giving the same, or his, her, or their attorney, on his, her, or their behalf; and such notices of appeal shall be delivered to or left at the places of abode of the churchwardens and overseers of the poor of the parish, township, vill, or place, or any two of them, and the particular causes or grounds of appeal shall be stated and specified in such notice; and upon the hearing of any appeal from or against any such rate or assessment, or account, the court of general or quarter sessions to which such appeal shall be made, shall not examine or enquire into any other cause or ground of appeal than such as are or is stated and specified in the notice of appeal. V. PROVIDED nevertheless, and be it further enacted, that with the consent of the overseers, signified by them or their attorney in open court, and with the consent of any other person interested therein, the said court of sessions may proceed to hear and decide upon such appeal, although no notice thereof shall have been given in writing; and also that with the like consent such court may hear and decide upon grounds of appeal, not stated or misstated in such written notice, where any notice shall have been given in writing. VI. AND be it further enacted, that, from and after the passing of this Act, if any person or persons shall appeal against any rate or assessment made for the relief of the poor, because any other person or persons is or are rated or assessed in such rate or assessment, or is or are omitted to be rated or assessed therein, or because any other person or persons is or are rated or assessed in any such rate or assessment at any greater or less sum or sums of money than the sum or sums at which he, she, or they ought to be rated or assessed therein, or for any other cause that may require any alteration to be made in such rate or assessment with respect to then and in every other any person or persons, such case the person or persons so appealing for the causes aforesaid, or any of them, shall give such notice of appeal, in writing as herein-before mentioned, not only to the churchwardens or overseers of the poor, or any two or more of them, but also to the other person or persons so interested or concerned in the event of such appeal as aforesaid; and such other person or persons shall, if he, she, or they shall so desire, be heard upon the said appeal; and it shall be lawful for the court of general or quarter sessions of the peace, on the hearing of such appeal, to order the name or names of such other person or persons to be inserted in such rate or assessment, and him, her, or them to be therein rated and assessed at any sum or sums of money, or to order the name or names of such other person or persons to be struck out of such rate or assessment, or the sum or sums at which he, she, or they is or are rated or assessed therein, to be altered, in such manner as the said court shall think right; and the proper officer of the said court shall forthwith add to or alter the rate or assessment accordingly. Appeals may be parties consent, notice. Persons ap- any rate shall churchwardens, interested, &c. The rate as altered by recovered VII. AND be it further enacted, that if upon the hearing of any appeal from or against any rate or assessment, the said court shall order the name or names of any person or persons to be inserted therein, and him, her, or them to be rated or assessed at any sum or sums of money, or shall order the sum or sums at which any person or persons is or are therein rated or assessed to be raised manner as the or increased, then and in such case all and every the sum and sums of money, original rate. at or to which such person or persons shall be so ordered to be rated or In case in the rate the name of any person out, or any sum lowered, the quarter sessions shall order any sums paid in excess to be repaid. assessed, or to be raised or increased, or so much thereof as shall not have been already paid, shall and may be recovered in such and the same manner, and by such and the same means, as if he, she, or they had been originally named in such rate or assessment, and rated or assessed therein at such sum or sums of money. VIII. AND be it enacted, that if upon the hearing of any appeal from any rate or assessment for the relief of the poor, the court of general or quarter shall be struck sessions of the peace shall order the name or names of any person or persons to be struck out of such rate or assessment, or the sum or sums rated or assessed on any person or persons to be decreased or lowered, and if it shall be made appear to the said court that such person or persons hath or have, previously to the hearing of such appeal, paid any sum or sums of money, in consequence of such rate or assessment, which he, she, or they ought not to have paid or been charged with, then and in every such case the said court shall order all and every such sum and sums of money to be repaid and returned, by the said churchwardens and overseers of the poor, to the person or persons having paid the same respectively, together with all reasonable costs, charges, and expences, occasioned by such person or persons having paid or been required to pay the same; and all and every the sum and sums of money so ordered to be repaid or returned by the churchwardens and overseers of the poor, or any of them, shall and may, together with all such costs, charges, and expences as aforesaid, be levied and recovered from them, or any of them, by distress and all such other ways and means as the money charged, rated, or assessed on any person, by any rate or assessment made for the relief of the poor, can or may be by law levied or recovered. Recital of 9 Geo. 3. c. 29. CHAPTER XXIV. AN ACT for the indemnifying of Persons injured by the forcible pulling down 66 WHEREAS by an Act passed in the ninth year of the reign of his present Majesty, intituled "An Act for the more effectual punishment of such persons as shall demolish or pull down, burn, or otherwise destroy or spoil, any mill or mills, and for preventing the destroying or damaging of engines for draining collieries and mines, or bridges, waggon ways, or other things used in conveying coals, lead, tin, or other minerals from mines, or fences for inclosing "lands in pursuance of Acts of Parliament," [b] it was amongst other things recited, that by an Act passed in the first year of the reign of his late Majesty 1 Geo. 1. st. 2. King George the First, intituled “An Act for preventing tumults and riotous "assemblies, and for the more speedy and effectual punishing the rioters," it was among other things enacted, that if any persons unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, should unlawfully and with force demolish or pull down, or begin to demolish or pull down any church or chapel, or any building for religious worship, certified and c. 5. [a Rep., as to England, 7 & 8 Geo. 4. c. 27. s. 1. [b As to this Act, see Appendix. |