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The guardians are to determine the correctness of the valuation.

Promptness of decision requisite.

though the house were rented of one person and the garden of another.

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The guardians are bound to procure for the parish a valuation. They must contract with the surveyor for such a valuation, and the surveyor cannot claim a remuneration from them for anything but a correct valuation. It is, however, for the guardians to determine whether the valuation which is supplied is or is not a correct valuation. They may, and usually do, consult the parish officers and the vestry, but are not bound to reject it, although the parish officers and the vestry report against the correctness. It not unfrequently happens that the very accuracy of the valuation is dissatisfactory to influential members of the parish; and because some property is valued at a higher amount than during past years it is alleged that the valuation is incorrect.

The guardians must therefore cautiously examine the grounds of complaint, and scrutinize the objections; but when assured that the objections are well founded should reject the valuation, if the surveyor be unable to remove them. The guardians must bear in mind that they have contracted with the surveyor, and are liable to him for the payment unless they can prove that the valuation is substantially incorrect.

There is one point necessary to be attended to by the guardians: they must be prompt in their decision; they are entitled to make all reasonable inquiries as to the accuracy of the document, but they are not justified in retaining it for a longer

time than such inquiries will fairly occupy. Wherever the approval of the Poor Law Board is requisite it is usually stipulated by the surveyor that the guardians shall forward the valuation or map to the Board within a specified time, and they would be liable for a breach of this covenant to the surveyor in damages.

tion or map

used until

finally ac

Not only should the guardians be prompt in de- The valuaciding, but they must on no account allow the not to be valuation or map to be used by themselves, or by the parish officers, unless it be finally accepted. cepted. By such use the guardians conclude themselves, so that they will be held in law to have accepted it; and if the contract price cannot be recovered from them, will nevertheless be bound to pay such a sum as it may be found by a jury to be reasonably worth. If it be substantially and extensively incorrect, such a sum would probably be small, but the adjustment could only take place after litigation.

dians not

for the use

At the same time the guardians cannot be made The guarresponsible in respect of a use of these documents responsible by the overseers, of which the former are not cog- unsanctioned nizant, and to which they are not consenting parties. by them. This it is necessary to remark, because the surveyor often supplies his valuation to the overseers to be used by them in the making of rates, before he presents it to the guardians, or without any communication with them.

completion

The contract usually stipulates, that the map or Time for the valuation should be completed by a given time. of the conThis period is frequently too short; all parties are

tract.

Provision for

the non

within the stipulated time.

at the outset impatient to have the matter concluded, and accordingly an insufficient period is agreed upon. When the time appointed arrives, if the map or valuation be not completed, the contract is at an end, as it appears to be one in which time is essential, and the guardians may at once determine the contract. This is, however, seldom done; more time is granted, and considerable delay often occurs. Though extreme strictness may not be advisable in this case, it is to be feared that the guardians are generally too lax, and afford too readily an extension of time, to the prejudice of the parties interested in the new survey and valuation.

When it appears highly probable that the surcompletion veyor cannot complete his contract, and the time has been extended to no purpose, the guardians may fix some definite time; and if the work be not then ready, declare the contract entirely determined. In such a case they must proceed to make a new contract; and if they cannot obtain such low terms as in the first instance, or if they suffer any loss in consequence of the non-completion of the contract, (which, however, can scarcely be shown in reference to the guardians,) they have a right in law to recover from the surveyor the amount of the loss which they sustain. It does not appear that any loss sustained by the parish or parish officers would be recoverable in damages, as the parish officers are not parties to the contract.

Death of the surveyor.

The death of the surveyor before the completion of the survey and valuation, determines the contract, as this is one requiring personal skill and knowledge

on the part of the surveyor, and therefore is not executable by his personal representatives; although the guardians by the terms of their contract can hold those representatives responsible for the actual default of the surveyor.

tractors not

with.

It is right to caution the guardians and the The sub-conparish officers not to interfere with, or in any to be dealt manner to recognize the sub-contractors, with whom the surveyor contracts, for the performance of any of the parts of the subject matter of the contract. The guardians should look to the surveyor, and hold him responsible for the due fulfilment of that contract, and their right may be defeated by any interference with the sub-contractor.

receivable.

The guardians must bear in mind also, that they Copies not contract for a map or plan, and consequently are entitled to the original document made and completed by the surveyor. They must not be satisfied with a copy, whether drawn or engraved, or with what is not uncommonly offered as a substitute, a lithographed print.

be a rate is not

Again, in reference to the valuation, it should remembered that the valuer is not to make a rate; he is not required to do more than to ascertain the annual value of the rateable property in the parish. He cannot determine any question of exemption from rate, nor any particular proportion in which the property may be rateable. His document is to be for permanent use, and not to be used as a rate by the overseers, and thus destroyed almost as soon as it is made. Much misunderstanding prevails on

to be made

by the valuer,

but a valua

tion.

Payment of the expenses.

this subject, and parish officers often apply under this statute to Boards of Guardians to have a new poor-rate made instead of a valuation.

The next subject for consideration is, the providing for the payment of the expenses of the valuation; and upon that subject the Poor Law Commissioners issued in January, 1838, a circular letter, from which the following extracts detail the courses to be pursued, one of which is now usually adopted :

"The Act points out two modes of providing for these expenses, i. e., either by a separate rate, or by a charge on the rates. The first of these modes is evidently inapplicable, when the sum required is so large as to make it desirable that it should be paid by gradual instalments; and, also, when the sum required is very small. In all cases, moreover, the adoption of this course will involve the parish officers, or paid officers, upon whom the making or collecting the rates may fall, in the additional amount of labour which would be necessary for making a separate rate.

"The Commissioners are therefore of opinion that it will generally be found most advisable to provide for the payment of the expenses adverted to by the latter of the two modes pointed out, namely, by charging the rates.

"Where the sum is small, it will ordinarily be found to be unnecessary to borrow the money; and it will only be requisite for the guardians to come to a resolution according to the form (A.) hereunto

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