wardens and overseers of the poor, or other persons authorized under sect. 1, in every parish, township, or place, were to give public notice in the church, of every rate for the relief of the poor allowed by the justices of the peace, the next Sunday after its allowance. But now, by 7 W. IV. and 1 Vict. c. 45, s. 1, this mode of giving notice is prohibited, and, by sect. 2, all such notices shall be reduced into writing, and copies thereof, either in writing or in print, or partly in either, shall, before the commencement of divine service on the several days on which such notices have heretofore been given in the church, &c., or at the door of any church, &c. be affixed on or near to the doors of all the churches and chapels (b) within such parish or place; and when so affixed, shall be in lieu of the notices heretofore given, and shall be valid to all intents and purposes.

The time fixed by 17 G. II. c. 3, s. 2, for duly publishing a poor's rate is untouched; and by that enactment no rate shall be valid, so as to collect and raise the same, unless such notice shall have been given. Accordingly, where the publication was not on the Sunday next following its allowance, the rate was held a nullity, and a party who had been distrained on for his quota of it, recovered against the overseers in trespass (c). Such a defect is radical in the rate itself, and nothing can cure it (d); so that if the party rated should take his remedy by appeal merely (which he is not bound to do) (e), the rate must be quashed. But notice "that a rate of 1s. in the pound would be collected forthwith" is good, though its allowance by the justices is not stated; for stat. 17 G. II. c. 3 prescribes no form of notice (ƒ).

A poor's rate was assessed on two hamlets of a parish which together maintained their own poor, and in one of which stood the parish church. Notice of the rate was placed on its principal door. This was held sufficient publication, though the church was shown to have other doors, and there were dissenting chapels within the two hamlets(g).

(b) This enactment must be strictly observed, Reg. v. Whipp, 12 L. J. (M. C.) 64; or the rate will be quashed, and see 5 Tyr. R. 198, and as to "churches and chapels," see note (g).

(c) Sibbald v. Roderick and others, 11 Ad. & E. 38; 3 P. & D. 106, S. C.

(d) R. v. Newcombe, 4 T. R. 368. Publication has been deferred till the third Sunday after the allowance.

(e) Sibbald v. Roderick.

(f) Bennett v. Edwards, 7 B. & C. 586; S. C. 8 B. & C. 702. Affirmed on Error, 6 Bing. 230. See Batchelor

v. Hodges, 4 Ad. & E. 592.

(g) In Reg. v. Worcestershire (Justices), Q. B. Mich. 1840, (not yet reported,) court assented to argument that "churches and chapels" meant only places of worship belonging to the established church. See R. v. Warren, 6 C. & P. 335, on similar words in 7 & 8 G. IV. c. 29, s. 10, ante, p. 304, n. Lord Denman doubts whether every place of public worship is not intended by 7 W. IV. & 1 Vict. See Reg. v. Royds and others, 1 New Sess. Cas. 456, but qu.? and see 6 Vict. c. 18, s. 23.

It seems that a valid demand of a poor's rate may be made by one of the overseers (h).

To what Sessions Appeal must be made against a Poor's Rate.]— See ante, Chap. IX., s. 3, and post, p. 702.

SECTION IV.

OF THE TRIAL OF APPEALS AGAINST POOR-Rates, and the JUDGMENT OF THE SESSIONS THEREON; AND HEREIN, OF AMENDING RATES.

Appealing against Several Rates.]-Several rates may be included in one appeal (¿), and in one writ of mandamus (k); because that a person who is not rated cannot appeal on that account (1), at least if no particular grievance is shown.

Proving Service of Notice of Appeal.]—The first step is proof by the appellant of service of the notice of his appeal; this seems a condition precedent to the hearing (m), unless it is, as it may be, admitted (n). We have seen on what persons it should have been served (n). The notice is then read, and any objections raised on the face of it are argued ; and if disposed of in favour of the appellants, the court will then hear any motion for adjournment which may be made (o): but it is more usual to proceed to try the merits by addressing the court, and calling witnesses.

Which Party is to begin.]-If the ground of appeal be, that the appellant has no rateable property in the parish, the respondent should begin by addressing the court, and calling witnesses in support of the assessment to prove that the appellant had some property in respect of which he was liable to be rated. "Law, justice, and convenience," said Lord Kenyon," require that respondents should begin in appeals against poor's rates, as well as on appeals against orders of removal, which last cases the rule universally obtains ;" and Buller, J., added, "We ought to lay down a general rule which may be a guide in future

(h) 6 New C. 373, Morrell v. Martin, (one of two surveyors may demand a highway rate).

(i) 1 B. & Ald. 640; R. v. Suffolk (Justices).

(k) Reg. v. Ellis and another, 12 L.

J. 24.

(1) R. v. George.

(m) 17 G. II. c. 38, s. 4.
(n) Ante, p. 665.

(0) See Reg. v. Hertfordshire (Jus» tices), 4 B. & Ad. 561, ante, p. 636, et seq., as to proof of notice of appeal where the appeal has been respited at instance of appellants or respondents.

to all the quarter sessions " (o). In R. v. Knill (p), the practice of the sessions appeared to be, for the appellant against an order of filiation to begin by proving a sufficient cause for quashing it; and an order was confirmed accordingly, in default of such cause proved. A special case was granted, on which the court above, acting on the authority of R. v. Newbury, remitted the appeal to the sessions to be heard; but in a later case (q), (in which, however, R. v. Knill does not appear to have been cited), where an appellant against a rate on the ground of overrating, refused to begin according to the practice of that session, by establishing his objection to the rate, and the appeal was thereupon dismissed without any case being granted, a mandamus to rehear the appeal on that objection was refused. Where the appellant raises other objections to the rate, as to its relative proportions of the assessments on himself and others, these if stated in the notice as grounds of appeal may well be proved by the appellants, before the respondents are heard in support of the rate (r). When the question before the sessions is on the quantum of the rate, the parish officers' respondents must show some probable ground for the amount at which they charge the party in it (s).

The respondents are then called on to put in the rate from the custody of the parish officers, and to prove its allowance and publication, unless these last are admitted, either expressly or virtually, by not being included in the notice as grounds of appeal (t). Notice should have been

(0) R. v. Newbury (Inh.), 4 T. R. 475, A. D. 1791, as stated more fully, ante, p. 643. The previous practice of the Berkshire sessions had been for the respondents merely to prove the poorrate to be regular in point of form, and then for the appellant to support his objection, S. C.; and so at the Yorkshire East Riding sessions, 4 T. R. 477, note. R. v. Topham, 12 East, 549. See 2 Nolan, 540.

(p) 12 East, 50. Herefordshire sessions. In this case, the reputed father's entire denial of the paternity is parallel to the case of a party rated, who denies that he has any rateable property whatever. Either course puts the respondent in the situation of a plaintiff at nisi prius, where the general issue is pleaded; whereas in cases where an appellant admits liability to be rated, but complains of being overrated or of another being

underrated, viz. of the quantum of the
rate, he may, without impropriety, be
called on to begin, as is the practice
in such a case in Yorkshire, 4 T. R.
475;
and in Suffolk, 6 M. & S. 57, &c.
(q) R. v. Suffolk (Justices), 6 M. &
S. 57.

(r) 2 Nolan, 4th ed. 540.

(8) Per Lord Ellenborough, in R. v. Topham, 12 East, 546. The final decision in that case turned on its special circumstances. See per Holroyd, J., 6 M. & S. 59, R. v. Suffolk (Justices). In that case, if appellant had not stated as a ground of appeal, that the rate was not properly signed, allowed, and published, the rate was admitted to be regular, and that seems to have been so. See R. v. Hull Dock Company, 3 B. & Cr. 315.

(t) 2 Nolan, 4th ed. 540.

given to the parish officers to produce the rate, so as to enable the appellants to give secondary evidence of its contents by proving them by oral testimony, or by an examined copy, and such notice need not be served till after the session commenced (u). To enable parties interested to object to a poor's rate on the ground of overrating, every person rated to the relief of the poor of the parish, in respect of which any rate shall be made, may at all seasonable times take copies thereof, or extracts therefrom, without paying any thing for the same, any thing in any act to the contrary notwithstanding, under penalty of 51. on a person having custody of the rate and refusing to suffer the taking of such copy or extract (x).

Admitting Testimony of Inhabitants, Rate-payers, or Parish Officers on Appeals, &c. &c.]—Every inhabitant, or person rated or liable to be rated to any rates or cesses of the parish, or holding office, &c. therein, is now a competent witness on either side of the appeal (y), so are churchwardens and overseers or other officers for any parish, township or union, when only nominal parties to the appeal (z).

(u) Id. 541, citing R. v. St. Helen's in Abingdon : 1 Bott, 266, S. C.; 3 Douglas on Elections, 132.

(x) 6 & 7 W. IV. c. 96, s. 5, repealing 17 G. II. c. 38, s. 1, quoad the payment to parish officers for inspecting and copying from a poor's rate.

As to granting inspection of parish books, see Burrell v. Nicholson, 1 Myl. & Keene, 680; S. C. 3 B. & Ad. 649; Newell v. Simpkin, 6 Bing. 565.

(y) 6 & 7 Vict. c. 85, s. 1, ante, p. 532; 3 & 4 Vict. c. 26, s. 1. And by 54 G. III. c. 170, s. 9, no inhabitant, or person rated or liable to be rated to any rates or cesses of the parish, or wholly or in part maintained or supported thereby, or executing or holding any office thereof or therein, shall, before any court or person or persons whatsoever, be deemed and taken to be by reason thereof an incompetent witness for or against such district, parish, township, or hamlet, in any matter relating to such rates or cesses; or to the boundary between such district, parish, or hamlet, and any adjoining district, parish, township, or hamlet ;-or to any order of removal to or from such district, parish, township, or hamlet;-or the settlement of any pauper in such district, parish, township, or hamlet ;-or touching any bas

tards chargeable, or likely to become chargeable, to such district, parish, township, or hamlet;-or to the recovery of any sum or sums for the charges or maintenance of such bastards ;-or the election or appointment of any officer or officers, or the allowance of the accounts of any officer or officers, of any such district, parish, township, or hamlet ; any law, usage, statute, custom to the contrary in anywise notwithstanding. See R. v. Proser, 4 T. R. 17, and other cases collected, 1 St. Ev. 2nd ed. 104, note, decided before the latter act; and Meredith v. Gilpin, 6 Price, 146, (now supported by Doe d. Boultbee v. Adderley, 8 Ad. & E. 502; S. C. 3 N. & P. 632; Doe d. Cockell, 4 Ad. & E. 478.)

(z) By 3 & 4 Vict. c. 26, s. 1, occasioned by Reg. v. Bath (Recorder), in Marshfield v. Lyncomb and Widcomb, 9 Ad. & E. 714, "that no person called as a witness on any trial in any court whatever, may and (sic, in Queen's printer's copy) shall be disabled or prevented from giving evidence by reason only of such person being, as the inhabitant of any parish or township, rated or assessed, or liable to be rated or assessed, to the relief of the poor, or for or towards the maintenance of church,

Decision of Sessions on Appeal against Poor's Rate-Quashing or Amending Rate, &c.]-The trial of an appeal against a rate proceeds, in other respects, in the course pointed out in Chap. IX. for the general hearing of appeals.

But the decision of the court of quarter sessions, on an appeal against a poor rate, may differ from that required in every other case; as they are not bound either to dismiss the appeal or quash the rate, but are required to amend it where they see just cause, or to give relief in any manner which they think necessary for that object; (a) though if they are of opinion that it is necessary for the purpose of giving relief to the appellant that the rate should be wholly quashed, they may quash it (b). They were indeed allowed to amend in some respects under 43 El. and 17 G. II. as in cases of mere obvious errors of form only, or by reducing the rate of the appellant, where he was individually overcharged (c). But they had no power to amend by inserting the names of any persons improperly omitted, or extending the rating of persons named, for this obvious reason, that if the justices could so amend, they might affect the rights of parties who were strangers to the appeal, and had not had an opportunity of being heard. Stat. 41 G. III. c. 23, s. 6, therefore, which enables the court to amend, by altering the ratings of third persons, requires that notice should be given to all persons interested in the event, and gives them the opportunity of appearing and being heard at the trial of the appeal (ante p. 665).

And by the same enactment, if such notices have been given, the court may, in their discretion, amend the rating of the appellant: and if necessary order the name or names of such other person or persons as are interested or concerned in the event of the appeal

chapel, or highways, or for any other purpose whatever." It is then enacted by sect. 2," that no churchwarden, overseer, or other officer in and for any parish, township, or union, or any person rated or assessed, or liable to be rated or assessed as aforesaid, shall be disabled or prevented from giving evidence on any trial, appeal, or other proceeding, by reason only of his being a party to such trial, &c. or of his being liable to costs in respect thereof, when he shall be only a nominal party to such trial, &c., and shall be only liable to contribute to such costs in common with other the rate payers of such parish, township, or union."

Under this act an owner of lands

within a parish may give evidence for defendants on a prosecution against the inhabitants of a parish for non-repair of a highway, though he is not rated, but his tenants are. Reg. v. Doddington (Inh.), 1Q. B. 411, and see 2 East, 561; 10 East, 395; 11 East, 579, ante, p. 532, and Reg. v. Adderbury, East (Inh.), 13 L. J. (M. C.) 9, ante.

(a) The court of Q. B. cannot amend the rate, 3 B. & Ald. 112, R. v. Milton (Inh.)

(b) 41 G. III. c. 23, s. 1; but nevertheless the sum rated is to be paid, and such payment is to be deemed as made on account of the next rate.

(c) R. v. Cheshunt, 2 T. R. 623.