- Recognizance by appellants Inspection and copy of rates Form of contract for survey, plan, and valuation First schedule thereto, applicable to the map - 117 117 THE STATUTE. [For the interpretation of the words used in the statute, see page 96.] 6 & 7 WILL. 4, c. 96. An Act to regulate Parochial Assessments. [19th August, 1836.] be made on perty. "WHEREAS it is desirable to establish one uni- All rates to "form mode of rating for the relief of the poor the net throughout England and Wales, and to lessen of the pro"the cost of appeal against an unfair rate:" Be it enacted, that from and after such period, not being earlier than the twenty-first day of March next after the passing of this Act, as the Poor Law Commissioners shall by any order under their seal of office direct (a), no rate for the relief of the poor in England and Wales shall be allowed by any justices, or be of any force, which shall not be made upon an estimate (a) The commissioners, by an order bearing date the twenty-second day of June, 1837, appointed the twenty-ninth day of September, 1837, as the time when this Act should come into operation. B Proviso. Rates to be made in a of the net annual value of the several hereditaments rated thereunto; that is to say, Of the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such rent: Provided always, that nothing herein contained shall be construed to alter or affect the principles or different relative liabilities (if any) according to which different kinds of hereditaments are now by law rateable (b). 2. And be it further enacted, that every such given form. rate made after the said period shall, in addition to any other particular which the form of making out such rate shall require to be set forth, contain an account of every particular set forth at the head of the respective columns in the form given in the schedule to this Act annexed (c), so far as the same can be ascertained; And the churchwardens and overseers, or other officers whose duty it may be to make (b) See the Commentary on page 11. (c) See page 10, post. and levy the said rate, or such a number of the said churchwardens and overseers or other officers, as are competent to the making and levying of the same, shall, before the rate is allowed by the justices, sign the declaration given at the foot of the said form; and otherwise the said rate shall be of no force or validity: herein to owners from for rates. Provided always, that nothing herein con- Nothing tained shall be construed to prevent the owners prevent of tenements from compounding for the rates to compounding be assessed on the same, in such manner as they were by any statute or statutes enabled to do before the passing of this Act, so that the gross estimated rental of the hereditaments compounded for be entered on the rate in the proper column (d). order new valuation. 3. And be it enacted, that when it shall be Power to made to appear to the Poor Law Commissioners survey and by representation in writing from the board of guardians of any union or parish under their common seal, or from the majority of the churchwardens and overseers or other officers competent as aforesaid to the making and levying the rate, that a fair and correct estimate for the (d) See the Commentary on page 66. aforesaid purposes cannot be made without a new valuation, it shall be lawful for the Poor Law Commissioners, where they shall see fit, to order a survey, with or without a map or plan, on such scale as they shall think fit, to be made and taken of the messuages, lands, and other hereditaments liable to poor rates in such parish, or in all or any one or more parishes of such a union, and a valuation to be made of the said messuages, lands, and other hereditaments according to their annual value, and to direct such guardians to appoint a fit person or persons to make and take every such survey, map, or plan, and valuation, and to make provision for paying the costs of every such survey, map, or plan, and valuation, either by a separate rate or by a charge on the poor-rates, as they may see fit; But in case of such charge being made, then provisions shall be made for paying off not less than one-fifth of the sum charged on the rates, and such interest as may from time to time be payable in respect of such charge or any part thereof, in each succeeding year, till the whole is repaid (e). (e) See the Commentary on page 68. |