the valua

map.

As the valuation and the map, where any such is Custody of made under this statute, are in fact made for the tion and parish, and paid for out of the poor-rates of the parish, they become the property of the parish, and are to be deposited in such custody as the inhabitants in vestry assembled may think fit to direct, according to the 58 Geo. 3, c. 69, s. 6; 80, however, that the parish officers may have access to them for the purpose of making the rates. Until, however, such direction is given, the guardians are entitled to the custody, subject to the right of the overseers to the inspection and use of them for such purpose, because no other person can, in the absence of all direction by the vestry, show a better claim.

Disputes have sometimes arisen between boards. of guardians and parishes upon the subject of the custody of these documents, but the legal principles appear clearly to be as thus stated.

ations of part

only of the

rateable pro

perty.

may cause a

No means existed by which in general a valuation as to valuof some part only of a parish could be procured by competent authority, unless the same were rendered necessary by an appeal against the rate. This has been remedied by the late Act 10 & 11 Vict. c. 110, s. 7, which has enacted, " that the guardians of any Guardians union may, on the application of the major part of valuation to the overseers of any parish comprised in it, or of be made at any person assessed to the poor-rate in any such property parish, cause a valuation to be made at any time of rateable. any property alleged to be rateable to the relief of the poor, being a part only of the rateable property of such parish, and may charge the expenses of such

any time of

alleged to be

Interpretation of terms

statute.

valuation to the overseers of such parish, or to such person so applying as aforesaid."

In carrying this provision into execution the guardians should take care to have a proper contract made for the valuation of that part of the property of the parish which is to be valued. They are evidently to act in this case as in the general case to which the Parochial Assessment Act applies, with one exception. They are not required to have the order of the Poor Law Board. Hence, they should not simply consent to the employment of a surveyor by the overseers, but should carefully select the valuer, and make a formal appointment of him for this special service.

When the application is made by the overseers, little or no difficulty will occur as to the payment. If a ratepayer apply, the guardians should require him to guarantee them against the cost.

It is to be observed, that in this and the subseused in the quent sections, the term parish alone is used; and though it is probable that, considering the whole of the Act, the courts would interpret it to signify every place for which a separate poor-rate is made, the question is in fact determined by the 5 & 6 Vict. c. 57, s. 18, which, as already noticed, incorporates the 6 & 7 Will. 4, c. 96, with the 4 & 5 Will. 4, c. 76 and enacts, that the words "guardian," "justice or justices of the peace," "overseers," "parish," "person," "poor-rate," "general quarter sessions," and "union," and words importing the singular number, or the masculine gender only, in the present statute, shall be interpreted as in the

Poor Law Amendment Act. The following passage, therefore, is here introduced from the 109th sect. of the 4 & 5 Will. 4, c. 76 ::

"The word 'guardian' shall be construed to mean and include any visitor, governor, director, manager, acting guardian, vestryman, or other officer in a parish or union, appointed or entitled to act as a manager of the poor, and in the distribution or ordering of the relief to the poor from the poor-rate, under any general or local Act of parliament;

"The words 'justice or justices of the peace, shall be construed to include justices of the peace of any county, division of a county, riding, borough, liberty, division of a liberty, precinct, county of a city, county of a town, cinque port, or town corporate, unless where otherwise provided by this Act;

"The word 'overseer shall be construed to mean and include overseers of the poor, churchwardens, so far as they are authorized or required by law to act in the management or relief of the poor, or in the collection or distribution of the poorrate, assistant overseer, or any other subordinate officer, whether paid or unpaid, in any parish or union, who shall be employed therein in carrying this Act, or the laws for the relief of the poor into execution;

"The word 'parish' shall be construed to include any parish, city, borough, town, township, liberty, precinct, vill, village, hamlet, tithing,

F

chapelry, or any other place or division, or district of a place, maintaining its own poor, whether parochial or extra-parochial;

"The word 'person' shall be construed to include any body politic, corporate, or collegiate, aggregate or sole, as well as any individual;

"The words 'poor-rate' shall be construed to include any rate, rate in aid, mulct, cess, assessment, collection, levy, ley, subscription, or contribution raised, assessed, imposed, levied, collected, or disbursed for the relief of the poor in any parish or union;

"The words 'general quarter sessions' shall extend to, and be construed to include, general or quarter sessions, or adjournment thereof, for any county, division of a county, riding, borough, liberty, division of a liberty, precinct, county of a city, city, county of a town, cinque port, or town corporate, unless where otherwise provided by this Act;

“The word 'union' shall be construed to include any number of parishes united for any purpose whatever under the provisions of this Act, or incorporated under the said Act made and passed in the twenty-second year of his late Majesty King George the Third, intituled An Act for the better Relief and Employment of the Poor, or incorporated for the relief or maintenance of the poor under any local Act;

"And wherever in this Act, in describing any person or party, matter or thing, the word import

ing the singular number or the masculine gender only is used, the same shall be understood to include, and shall be applied to several persons or parties, as well as one person or party, and females as well as males, and several matters or things as well as one matter or thing, respectively, unless there be something in the subject or context repugnant to such construction."

COMMENTARY ON THE FOURTH SECTION.

right of

It is to be observed, that this clause empowers Surveyor's the surveyor to enter, view, and examine any mes- entry. suages, lands, and other hereditaments for the purpose of his survey. Hence, if he enter without notice or special licence, he will not be a trespasser. But it is very doubtful whether he can force an entrance where admission is refused and his entrance is resisted. The surveyor cannot be advised to attempt to do so. He must make his valuation as well as he can, and the occupier will have himself to blame if, under such circumstances, he shall consider his rate excessive, and be driven to an appeal.

the proviso.

It is difficult to understand the object and effect of Meaning of the proviso in this clause. Probably the intention was that if a map or valuation of any estate which the surveyor deemed correct was tendered to him, he should not enter the premises; but no such prohibition is expressed, and as the clause is framed it is merely provided, that the surveyor may use such map or valuation; a provision that would have been assumed although the statute had not contained it.