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the Local Board of Health the Expenses in respect of which the Rate was made, or such Part thereof as may not have been defrayed by Sums already levied in respect of the same.
Meaning of Borough Fund and Borough Rate: Rate charged with existing Annuities.
CXIV. That the Section numbered 87 of the said Public Health Act shall be incorporated herewith ; and the Fund therein mentioned shall be called “the Borough Fund," and the Rate therein mentioned be called "the Borough Rate;" and upon
the the Borough Rate shall be charged all Annuities granted under and now due and owing by virtue of the Act hereby repealed, or the former Paving Acts therein and herein-before mentioned, or either of them :
But the Amount of such Rate in any One Year shall not exceed the Sum of Two Shillings and Sixpence in the Pound on the rateable Value of the Land and Premises assessable thereto.
Borough Fund Account to be kept.
LXXXVII. And be it enacted, That the Treasurer shall keep a sepa
rate Account, to be called “ The District Fund Account," and the Monies carried to such Account under the Directions of this Act shall be applied by the Local Board of Health in defraying such of the Expenses incurred or to be incurred by the said Local Board in carrying this Act into execution, and not otherwise expressly provided for, as they may think proper; and the said Local Board shall from Time to Time, when and as often as Occasion may require, make and levy, in addition to any other Rate, a Rate or Rates to be called “ General District Rates,” for defraying such Expenses as are charged upon that Rate by this Act, and such other Expenses of executing this Act in any District as are not provided for by any other Rate, or defrayed out of the said District Fund Account.
Sections 88, 89, 95, & 99 of 11 & 12 Vict. c. 63, incorporated with this Act.
CXV. That the following Sections of “The Public Health Act, 1848,” shall be incorporated with this Act:
The Section numbered 88 of the said Act, ommitting the last Proviso therein; and Tithes, Tithe Rentcharges, and other Pay
ments in lieu of Tithes, shall be assessed as and in the same Tithes, &c. how Proportion of their annual Value as Land used as Arable, Mea
dow, or Pasture Ground only:
Power to Commissioners to abate Rate in certain Cases.
Provided always, that the Occupiers of Houses, Buildings, or Ground (other than Land assessable in the Proportion of One Fourth only of the net annual Value thereof as aforesaid) in any (Sec. 115.) Part of the Borough, which Part is not lighted, (a.) paved, cleansed, flagged, repaired, watered, and scavenged by the Commissioners, shall be allowed such an Abatement from the Borough Rate in respect of any such lighting, paving, cleansing, flagging, repairing, watering, or scavengering not performed by the Commissioners as may be settled from Time to Time by the Commissioners :
Poor Rates, &c.
LXXXVIII. And be it enacted, That the said Special and General Property assesa
District Rates shall be made and levied upon the Occupier (6.) and Borough (except in the Cases herein-after provided) (c.) of all such Kinds of Property as by the Laws in force for the Time being are or may be assessable to any Rate for the Relief of the Poor, and shall be assessed
the full net annual Value of such Property ascertained by the Rate (if any) for the Relief of the Poor made next before the making of the respective Assessments under this Act; and for the Purpose of making any such Assessment the Local Board Porter to copy of Health, or any Person appointed by them so to do, may from Time to Time, at all reasonable Times, inspect, take Copies of or make Extracts from, any Rate for the Relief of the Poor within their District, or any Assessments by which the same are made ; and whosoever, having the Custody of such last-mentioned Rate Penalty for refuor Assessment, refuses to permit such Inspection, or the taking of salto permit any such Copy or Extract, shall for every such Offence be liable to a Penalty not exceeding Five Pounds : Provided always, that jf no Rate for if in any District or Part of a District there be no Rate for the
Poor, Rates shall Relief of the Poor, the said Special and General District Rates be made in mara shall be made upon an Estimate of the net annual Value of the by 6 and 7 W. 4. several Premises liable thereto in such District or Part of a Dis
Relief of the
(a.) The Commissioners on their first Rate of 2s in the Pound, which included the expenses of obtaining this Act, have made the abatements under this section as follows, viz :-31d. in the Pound for parts not lighted, 3 farthings in the pound for parts not flagged, and 3 farthings in the pound for parts not scavenged, no abatement being allowed on that part of the rate which paid for the repairs of Highways.
(6.) See the Interpretation to the word “Occupier," ante, page 4. The Public Health Act gives no interpretation to that word, and it may here be observed that although the Public Health Act gives Interpretations to certain words, only some of those Interpretations are incorporated into the Cheltenham Act, see page 4, and there is no clause in the Public Health Act as in the Towns Improvement Clauses Act, &c. (see note (a.) page 6, ante, making the words in the sections incorporated, bear the interpretations given in the Acts from which they are incorporated, supposing the special Act into which they are incorporated or the General Interpretation Act have given no Interpretations to such words.
(e.) This exception refers to the cases provided for, in the 95th section of the Public Health Act incorporated by this 115th section, post, p, 143, small tenements, &c. and see the 90th section of the Public Health Act, incorporated by sec. 117, post, charging owners of unoccupied premises with Payment of Private Improvement Rates for such unoccupied premises ; and the 118th sec., post, providing for the summary recovery against the Owner of private improvement expenses assessed on premises pulled down or destroyed, &c. or remaining unoccupied more than twelve successive months.
Arable, meadow, &c. Railway,&c.
trict, by a fit Person appointed by the Local Board of Health in that Behalf, and such Estimate shall be made, as near as Circumstances will permit, in the Manner prescribed by an Act passed in the Seventh Year of the Reign of King William the Fourth, intituled An Act to regulate Parochial Assessments, or any other Act for the Time being in force for regulating Parochial Assessments : Provided also, that the Occupier of any Land used as Arable, Meadow, or Pasture Ground only, or as Woodlands, Market Gardens, or Nursery Grounds, and the Occupier of any Land covered with Water, or used only as a Canal, or Towing Path for the same, or as a Railway, constructed under the Powers of any Act of Parliament, for public Conveyance, shall be assessed in respect of the same in the Proportion of One Fourth Part only of such net annual Value thereof : (a.)
Also the Section numbered 89 in the said Act:
Rates may be prospective or retrospective.
LXXXIX. And be it enacted, That the Local Board of Health may
make and levy the said Special and General District Rates, or any or either of them, prospectively, in order to raise Money for the Payment of future Charges and Expenses, or retrospectively in order to raise Money for the Payment of Charges and Expenses
have been incurred at any Time within Six Months before the making of the Rate; and if at the Time of making any General or Special District Rate any Premises in respect of which the Rate may be made are unoccupied, such Premises shall be included in the Rate, but the Rate shall not be charged upon any Person in respect of the same whilst they continue to be unoccupied; and if any such Premises are afterwards occupied during any Part of the Period for which the Rate was made, and before the same shall have been fully paid, the Name of the incoming Tenant shall be inserted in the Rate, and thereupon so much of the Rate as at the Commencement of his Tenancy may be in pro· portion to the Remainder of the said Period shall be collected, recovered, and paid in the same Manner in all respects as if the Premises had been occupied at the Time when the Rate was made; and if any Owner or Occupier assessed or liable to any such Rate cease to be Owner or Occupier of the Premises in respect whereof he is so assessed or liable, before the End of the Period for which
(a.) After this followed the proviso, whose existence was deemed sufficient reason against har. ing a Provisional Order applied to Cheltenham and which proviso is excluded from this Act, and is as follows:-- Provided also, that if within any District or Part of a District any kind of Property shall before the passing of this Act have been exempted from rating by any Local Act, in respect of all or any of the Purposes for which General or Special District Rates may be made under this Act, the same kind of Property shall, in respect of the same Purposes, and to the same Extent within the Parts to which the Exemption applies, but not furtheror otherwise, be exemps from As sment to any General or Special District Rates nnder this Act
rough may be
(Sec. 115.) the Rate was made, and before the same is fully paid off, he shall be liable to pay only such Part of the Rate as shall be in proportion to the Time during which he continues to be such Owner or Occupier; and in every such case, if any Person afterwards become Owner or Occupier of the Premises during Part of the said Period, he shall pay such Part of the Rate as shall be in proportion to the Time during which he continues to be such Owner or Occupier, and the same shall be recovered fron him in the same Manner as if he had been originally assessed or liable ; and the Parts of Bosaid Local Board may from Time to Time divide their District, or separately any Street therein, into one or more Parts, for all or any or either of the Purposes of this Act, and make a seperate Assessment upon any such Part for and in respect of all or any of the Purposes for which the same is formed ; and every such Part, so far as relates to the Purposes in respect of which such separate Assessment is made, shall be exempt from any other Assessment under this Act: Provided always, that if any Expenses are incurred or to be incurred in respect of Two or more Parts of a District in common the same shall be apportioned between them in a fair and equitable Manner.
Also the Section numbered 95 in the said Act :
XCV. Provided always, and be it enacted, That when the net an- Composition for (Sec. 115.)
and Recovery of nual Value of any Premises liable to Assessment under this Act Kates upon does not exceed the Sum of Ten Pounds, or whenever any Pre- under the annual mises liable to such Assessment are let to weekly or monthly Pounds, &c. Tenants, or in separate Apartments, and the Rents become payable or are collected at any shorter Period than quarterly, the Local Board of Health may from Time to Time, if they shall think fit, compound with the Owner of such Premises for the Payment of all or any of the Rates to be made under this Act, upon such reduced Estimate of the net annual Value, not being less than Two Thirds or more than Four Fifths of the net annual Value at which the Premises are then assessed, as the said Local Board shall deem to be reasonable; and any Owner who shall refuse to enter into Owners refusing such Composition shall be rated (a.) to and pay
the Rates assessed
pay in full. (a.) It has been suggested that under the words " Rates to be made," the composition must be offered and refused, prior to the rate being made, and then the owner may be rated; but what time is to be allowed the owner to consider ? and what is to be a refusal ? It will be observed there are four kinds of premises mentioned in this section viz : 1st.-Prerises under the net annual value of £10. 2nd.-Premises under that value and let to weekly l'enants. 3rd.- Premises under that value and let to monthly Tenants, and 4th.-Premises under that value let in separate apartments, then comes the words " and the rents become payable or are collected at any shorter period than quarterly.” Mr. Lawes in his arrangement of this clause has placed these words as though they belonged exclusively to the Premises mentioned in the 4th division, but it may be contended that as the three last divisions are only separated by the disjunctive, "or" from the 1st division, the copulative "and" as much connects its following sentence with the 1st
to enter into
be rated and
Owner not to pay on increased value.
upon such Premises in respect of which the Composition is offered; and if at any Time the Amount of Composition, or any Rate to which an Owner is assessed as last aforesaid, be due and unpaid, the same may be levied by Distress and Sale of the Goods and Chattels of the Owner in default, wheresoever they may be found, or of the Occupier or Occupiers of the Premises, in the same Manner as is herein-after provided with respect to the Recovery of Rates made under this Act : Provided always, that no such Owner shall be assessed in respect of any increased Rent which may become payable to him by reason of his so compounding for or becoming liable to any Rates as aforesaid : Provided also, that the Occupier or Occupiers of any such Premises as last aforesaid shall be liable to Distress and Sale of his or their Goods and Chattels for the Nonpayment of such Amount of Composition or Rates as may become due in respect of the Premises occupied by him or them during his or their Tenancy, but shall never be liable to pay any greater Sum than the Amount of the Rent actually due from him or them for such Premises; and he or they may deduct any Amount paid by him or them from the Rent due, or from Time to Time becoming due, from him or them, unless there be an Agreement to the contrary; and the Receipt for the Amount paid by him or them shall to that Extent be, as against the Owner in default, a sufficient Discharge for Rent.
And may deduct from Rent.
Also the Section numbered 99 of the said Act:
Notice of Rate.
XCIX. And be it enacted, That public Notice (a.) of Intention to
make any General or Special District Rate, and of the Time at which it is intended to make the same, and of the Place where a Statement of the proposed Rate is deposited for Inspection, shall be given by the Local Board of Health in the Week immediataly before the Day on which the Rate is intended to be made, and at least Seven Days previously thereto; but in case of Proceedings to levy or recover any Rate it shall not be necessary to prove that such Notice was given.
(a.) See the form of Notice Schedule D to this Act post.
division as the 2nd, 3rd, or 4th, making it a precedent condition before the Commissioners can rate the owner, not only that the premises be in each of the four cases, under the net annual value of £10., but that the rents " become payable or be collected at any shorter period than quarterly.” The reading is not clear. In the Queen's Printer's copies, the comma is after apartments as it stands in the Text; in Mr. Lawes table of Rates he reads this part as " or let by the week or month, or in separate apartments at rents payable at periods shorter than quarterly," without any comma after Apartments, but it may be said punctuation has no part in the legal reading of an Act of Parliament. The Commissioners have allowed a reduction of one-fifth under their Ist rate.