Page images
PDF
EPUB

(Sec. 120.)

of which the Rate is to be made, showing the several Sums required for each of such Purposes, the rateable Value of the Property assessable, and the Amount of Rate which for those Pur

poses it is necessary to make upon each Pound of such Value; open to Inspection.

and the Estimate so made shall forthwith, after being approved
of by the said Local Board, be entered in the Rate Book, and be
kept at their Office, open to public Inspection during Office Hours
thereat.
Also the Section numbered 100 in the said Act:

Rates and Estimate to be open to luspection,

Penalty for refusing'lospection.

C. And be it enacted, That any Person interested in or assessed to

any Rate made under this Act may inspect the same, and any Estimate made previously thereto, and may take Copies of or Extracts therefrom, without Fee or Reward ; and whosoever, having the Custody of such Estimate or Rate, refuses to allow or does not permit such Inspection, or such Copies or Extracts to be taken, shall for every such Offence be liable to a Penalty not exceeding Five Pounds.

Description of Owner or Occupier in Rates, if bis Name bo unknown.

Also the Section numbered 101 in the said Act :
CI. And be it enacted, That whenever the Name of any Owner or

Occupier liable to be rated under this Act is not known to the
Local Board of Health, it shall be sufficient to assess and designate
him in the Rate as “the Owner” or “the Occupier” of the Pre-
mises in respect of which the Assessment is made, without further
Description

Also the Section numbered 102 in the said Act :

Rates may be amended by Commissioners.

CII. And be it enacted, That the Local Board of Health may from

Time to Time amend any Rate made in pursuance of this Act, by inserting therein the Name of any Person claiming and entitled to have his Name inserted, or by inserting the Name of any Person who ought to have been assessed, or by striking out the Name of any Person who ought not to have been assessed, or by raising or reducing the Sum at which any Person has been assessed, if it appear to the said Local Board that he has been under-rated or over-rated, or by making any other Alteration which will make the Rate conformable to the Provisions of this Act; and no such Amendment shall be held to avoid the Rate : Provided always, that any Person who may feel himself aggrieved by any such Amendment shall have the same Right of Appeal therefrom as he would have had if the Matter of Amendment had appeared on the Rate originally made, and with respect to him the amended Rate shall be considered to have been made at the Time

hen he first received Notice of the Amendment; and in the Case of any

Appeal from amendment.

(Sec. 120.) Person the Amount of whose Rate is increased by the Amendment, or whose Name is thereby newly inserted as aforesaid, the Rate shall not be payable by him until Seven Days after such Notice shall have been given to him.

Also the Section numbered 103 in the said Act (except as regards Publication of any Water Rate or Private Improvement avercer Private Rate, which Publication shall not be necessary); and any Rate Rate.

Recorery of any under this Act

may

also be recovered by Plaint or Action of Rate Ly Action Debt: (a.)

Publicatior not necessary for

, or Improvement

.

or Plaint.

under this Act

collected

summon Persons

CIII. And be it enacted, That all Rates made or collected under the Ratcs made Authority of this Act shall be published (b.) in the same Manner

to be published as Poor Rates, and shall commence and be payable at such Time an Poor Bates: or Times, and shall be made in such Manner and Form, and be Commissioners

appoint collected by such Persons, and either together or separately, or with any other Rate or Tax, as the Local Board of Health shall from Time to Time appoint; and if any Person assessed to any such Rate fail to pay the same when due, and for the Space of Fourteen Days after the same shall have been lawfully demanded in Writing, (c.) any Justice may and he is hereby empowered to Justices may summon the Defaulter to appear before him, or any other Justice,

tor Jonpayınent, at a Time and Place to be mentioned in the Summons, to show and in detault,

may recover by Cause why the Rate in arrear should not be paid ; and in case

Distress. the Defaulter fail to appear according to the Exigency of the Summons, or no sufficient Cause for Nonpayment be shown, the Justice may, by Warrant under his Hand and Seal, cause the same to be levied by Distress of the Goods and Chattels of the Defaulter: Provided always, that if no Distress sufficient to satisfy the Amount Backing Warcan be found within the Jurisdiction of the Justice by whom such Warrant is granted, and it so appear upon Oath before a Justice of any other County or Jurisdiction in which any Goods or Chattels of the Defaulter may be, the last-mentioned Justice shall endorse his Signature upon the said Warrant, (d.) and thereupon the Amount to be levied, or so much thereof as may be unsatisfied, shall be levied off the last-mentioned Goods and Chattels, in the

rants.

(2.) A Paving Rate imposed under authority of an act of Parliament is not an incorporeal here. ditament, and may therefore be recovered in a County Court. In re Baddeley 4 Exch. 504 19 L. J. Excb. 44.

(6.1 By affixing notice in writing or in print, or partly in writing and partly in print, on or near the doors of all the churches and chapels within the Borough, or the part in respect of which the rute is made, previousls to the commencement of divine service, on the sunday vext after making of the rate 1 Vic. e. 45 s. 12 and 17 Geo. 2 c. 3 s. l.

(c.) See the cumulative powers for Recorery of Rates and costs before Justices given by Section 121 post.

(a.) See thell and 12 Vict. c. 13 s. 19 as to backing warrants.

Sections 120. 121.)

Defaulters quitting preRises.

same Manner as if the Defaulter had been assessed in the lastmentioned County or Jurisdiction ; and if any Person quit or be about to quit any Premises without Payment of any Rate then due from him in respect of such Premises under this Act, and refuse to pay the same after lawful Demand thereof in Writing, any Justice having Jurisdiction where such Person resides or his Goods are found may and he is hereby empowered to summon him to appear, at a Time and Place to be mentioned in the Summons, to show Cause why the Rate so due should not be paid; and in case the Defaulter fail to appear, or no sufficient Cause for Nonpayment be shown, the Justice may, by Warrant under his Hand and Seal

, cause the Sum to be levied by Distress of the Goods and Chattels of the Defaulter.

Also the Section numbered 104 in the said Act :

Form of Distress
Warrant.

Penalty upon Constables refusing to levy.

CIV. And be it enacted, That Warrants of Distress for the Reco

very of any Rate payable under the Authority of this Act may be in the Form contained in the Schedule (a.) (D.) annexed to this Act, or to the like Effect ; and any Constable authorized by any such Warrant who shall neglect or refuse to make Distress or Sale pursuant to the same, after being required so to do by a Collector of the District in which the Rate in arrear was made, shall be liable to a Penalty not exceeding Five Pounds.

Also the Section numbered 106 in the said Act.

Evidence of Rates.

CVI. And be it enacted, That the Production of the Books purport

ing to contain any Rate or Assessment made under this Act shall alone, and without any other Evidence whatsoever, be received as prima facie Evidence of the making and Validity of the Rates mentioned therein.

Provisions of 12 and 13 Vict. c. 14

levied Act.

CXXI. That the Provisions of an Act passed in the Twelfth to and Thirteenth Year of the present Reign, intituled An Act to

enable Overseers of the Poor and Surveyors of the Highways to recover the Costs of distraining for Rates, shall apply to Rates levied under this Act; and the Warrants and Summons (6.) in the said Act may be directed to and served by any Officer of the Commissioners.

la) Seo Schedule D. incorporated in Schedule E, to this Act.

(6.) Although this Act is not incorporated like the sections from the other Acts, it has been thought better to set out the Act in full in this place. See the general powers to recover rates before Justices in sections 103 and 104 of the Public Health Act, incorporated by the last section.

(Sec. 121.)

ANNO DUODECIMO VICTORIÆ REGINÆ.

CAP. XIV.

AN ACT TO ENABLE OVERSEERS OF THE POOR AND SURVEYORS

OF THE HIGHWAYS TO RECOVER THE COSTS OF DISTRAINING
FOR RATES.

(11th May 1849.]

43 Eliz. c. 2. 5 &

Wherea Warrant

WHEREAS Provision is already made by Law for the Recovery of

the Sum or Sums at which any Person is rated or assessed to the 6 w. 4. & 60. Relief of the Poor, or is rated or assessed in any Rate for the Highways, in England or Wales, by Distress and Sale of his Goods and Chattels, and in default of such Distress by Commitment to Prison until the same shall be paid ; but no Provision is made for levying the Costs and Expenses incurred by the Overseers of the Poor or the Surveyors of Highways in the Recovery of the same respectively : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the eame, That it shall be lawful hereafter for all Justices of the Peace, if in their Discretion they shall so think fit, in any warrant of of Distress is Distress they shall make and issue for the levying of any Sum or Poor Rate or Sums to which any Person or Persons is or are now or may here- &c. the Costs of

obtaining it may after be rated or assessed in or by any Rate or Assessment for the also be levicd. Relief of the Poor or for the Highways in England or Wales, or in or by any other Rate or Assessment which by Law now or hereafter is or shall be directed to be enforced or recovered in the same Manner as a Poor Rate, or in any Warrant for the levying of any Arrears of the same, to order that a Sum, such as they may deem reasonable, for the Costs and Expenses which such Overseers or Surveyors, or the Persons applying for such Warrant, shall have incurred in obtaining the same, shall also be levied of the Goods and Chattels of the Person or Persons against whom such Warrant shall be granted, together with the reasonable Charges of the taking, keeping, and selling of the said Distress.

granted for a

Highway Rate,

tress.

43 Eliz. c. 2.

II. And whereas by an Act passed in the Forty-third Year of the

Imprisonment Reign of Queen Elizabeth, intituled An Act for the Relief of the in default of DisPoor, it is amongst other things enacted, that in default of Distress for a Poor Rate it shall be lawful for Two Justices of the Peace to commit the Party against whom the Distress Warrant shall have issued to the Common Gaol of the County, there to remain without Bail or Mainprize until Payment : And whereas it is desirable to limit the Time within which a Person assessed to a Poor Rate, or any other of the Rates or ssess

W

(Sec. 121.)

So much of 43 Eliz. c. 2. as relates to Commitments for Nonpayment of Rates, or for Default of Distress, repealed.

Power to order Imprisonment not exceeding Three Months in default of Distress.

ments aforesaid, may be imprisoned for Nonpayment of the same:
Be it therefore enacted, That so much of the said recited Act as
relates to the Commitment of any Person to the County Gaol for
Nonpayment of any Poor Rate, or for Default of Distress whereon
to levy the same, shall be and the same is hereby repealed ; and
every Person now undergoing any such Imprisonment under or
by virtue of the said recited Act shall be discharged from such
Imprisonment so soon as he or she shall have been imprisoned
Three Calendar Months, or shall sooner pay the Sum or Sums with
which he or she is charged ; and that hereafter, when to any War-
rant of Distress for the levying of any Sum or Sums to which any
Person or Persons is or are now or may hereafter be rated or as-
sessed in or by any Rate or Assessment herein-before mentioned
it shall be returned by the Constable or Person having the Exe-
cution of such Warrant that he could find no Goods or Chattels,
or no sufficient Goods or Chattels, whereon to levy such Sum or
Sums, together with the Costs of or occasioned by the levying of
the same, it shall be lawful for any Two or more Justices of the
Peace before whom the same shall be returned, or for any Two or
more Justices of the Peace for the same County, Riding, Division,
Liberty, City, Borough, or Place, if in their Discretion they shall
so think fit, to issue their Warrant of Commitment against the
Person with relation to whom such Return shall be so made as
aforesaid, in the Form (D.) in the Schedule (a.) to this Act an-
nexed, or in any form to the like Effect, and thereby order such
Person to be imprisoned in the Common Gaol or House of Correc-
tion for any Time not exceeding Three Calendar Months, unless
the Sum or Sums therein mentioned shall be sooner paid; and
every such Warrant of Commitment made or issued for Default
of Distress as aforesaid shall be made as well for the Nonpay-
ment of the Costs and Expenses so as aforesaid incurred in
obtaining such Warrant of Distress, if the same shall be so ordered
as aforesaid, and the Costs attending the said Distress, and also
the Costs and Charges of taking and conveying the Party to Prison,
(the Amount of such several Costs, Expenses, and Charges being
stated in such Warrant of Commitment,) as for the Nonpayment of
the Sum or Sums alleged to be due for the said Rates respectively.

One Warrant may be issued against several Rate-payers;

III. And be it enacted, That for the saving of Expense in the levy

ing of any Sum or Sums for Rate and Costs as aforesaid it shall be lawful to make and issue One Warrant of Distress against any Number of Persons neglecting or refusing to pay the same, in the Form (6.) in the Schedule to this Act annexed; but nothing here

(a.) See this Schedule following the sections of this Act.

(6.) See the form in the Schedule to this Act, post, following the secs.

« EelmineJätka »