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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the the Borough Rate shall be charged all Annuities granted under and now due and owing by virtue of the Act hereby repealed, or the former Paving Acts therein and herein-before mentioned, or either of them :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.
ccount 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 II & 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 assesaDistrict Rates shall be made and levied upon the Occupier (6.) and Borough
to (except in the Cases herein-after provided) (c.) of all such Kinds Rates, 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 power 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 ias pec permit
iospection. any such Copy or Extract, shall for every such Offence be liable to a Penalty not exceeding Five Pounds : Provided always, that if no Rate for if in
any District or Part of a District there be no Rate for the Relief of the Relief of the Poor, the said Special and General District Rates be made in marshall 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
Poor, Rates shall
(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 :—34d. 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 successivo months.
Arable, meadow, &c. Railway, &c.
trict, by a fit Person appointed by the Local Board of Health in
Also the Section numbered 89 in the said Act:
Rates may be prospective or
LXXXIX. And be it enacted, That the Local Board of Ilealth may
make and levy the said Special and General District Rates, or any
be in pro-
Apport ionment of Rates between outgoing and incoming Tenants, &c.
(a.) After this followed the provisn, whose existence was deemed sufficient reason against hare 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 further or otherwise, be exempt froin Assessment to any General or Special District Rates nnder this Act.
rough may be
Also the Section numbered 95 in the said Act :
Value of Ten
XCV. Provided always, and be it enacted, That when the net an- Composition for
nual Value of any Premises liable to Assessment under this Act kates upon
to enter into such Composition shall be rated (a.) to and pay the Rates assessed composition to
be rated and
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 piemises mentioned in this section viz: 1st. -Prerises under the net annual value of £10. 2nd.-Premises under that value and let to weekly Tenants. 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 Fords 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 Ist division, the copulative "and” as much connects its following sentence with the Ist
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
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
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 thar 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 1st rale.