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(Ireland.)

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BILL

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[AS AMENDED BY THE COMMITTEE]

To amend the Law relating to the Valuation of
Rateable Property in Ireland.

[N.B.-The Clauses marked (A.) to (H.) were added by the Committee.]

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1.

So much of 6 & 7

HEREAS it is expedient to amend the Laws now in force Preamble: for the Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland; 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 same, THAT so much of an Act passed in the session of Parliament held in the sixth and seventh years of the reign of his late Majesty King WILLIAM the Fourth, intituled, "An Act to 10 consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland, and to incorporate certain detached portions of Counties and Baronies with those Counties and Baronies respectively whereunto the same may adjoin, or wherein the same are locally situate," as relates to the valuation of any county, county of a 15 city or county of a town, which shail hereafter be valued under the

provisions of this Act, and to the apportionment of County or Grand Jury Cess therein, shall be repealed, save so far as the same repeals any other Act or Acts, or part thereof; provided that the said Act shall continue in full force in regard to all other counties, counties of 561. cities

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relates to valuations Will. 4, c. 84, as repealed as to all

Counties hereafter

to be valued or re-valued.

2.

Counties, &c. not yet valued, to be valued under this Act.

3.

Persons acting under

recited Acts to con

their duties till
otherwise directed.
6 & 7 Will. 4,
c. 84, s. 2.

cities and counties of towns, until suc time as a revaluation of the same respectively shall take place as hereinafter mentioned, under the provisions of this Act, and for the purposes of such revaluation, and from thenceforth the provisions of this Act shall extend and apply to and be enforced in such last-mentioned counties, counties of cities and counties of towns respectively.

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And be it Enacted, That from and after the passing of this Act, the provisions of this Act shall and may be applied in the following counties and counties of cities; (that is to say), the counties of Dublin, Tipperary, Waterford, Limerick, Cork and Kerry; 10 and the counties of the cities of Waterford, Limerick, Cork and Kilkenny.

And be it Enacted, That the Commissioner of Valuation and other tinue in discharge of persons heretofore appointed or acting under the said recited Acts, or any of them, in any county, shall, and he and they are hereby 15 authorized and required, notwithstanding the passing of this Act, to continue to discharge and execute their several duties and offices, for the purpose of carrying this Act into execution, without any further or other appointment thereto, until the Lord Lieutenant of Ireland shall otherwise direct.

4. Whenever the survey of any

pleted, a map to be sent to Chief Secretary of Lord Lieutenant.

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And be it Enacted, That whenever the survey of any county or of Barony, &c. is com- any barony of a county, shall have been made and completed under he direction of the ordnance officers, a map or plan of such barony shall be transmitted by some such officer to the Chief Secretary of the said Lord Lieutenant, from time to time, when and as any such 25 survey shall have been or shall be made and completed, or when and as any such map or plan shall be required by such Chief Secretary to be transmitted as aforesaid.

6 & 7 Will. 4, c. 84, s. 3.

5.

Lord Lieutenant
may appoint a Com-
missioner to value
the Baronies, &c.,
so surveyed.

6 & 7 Will. 4,
c. 84, s. 4.

Appointment to be notified to Secretary of Grand Jury.

And be it Enacted, That at any time after the receipt of any such map or plan, it shall and may be lawful for the said Lord Lieutenant 30 to nominate and appoint One fit and proper person to be Commissioner for the several counties in Ireland, to be called the Commissioner of Valuation for such counties, who shall hold such office during the will and pleasure of the said Lord Lieutenant, and who shall repair to any county and make a valuation of the houses and lands within every 35 barony, parish or other division in such county, of which any such map or plan shall have been made and delivered as aforesaid, and shall proceed in such valuation at such times, and in such manner, and under such regulations as such Lord Lieutenant shall order, direct and appoint; and the said Chief Secretary shall notify or cause to be

notified

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notified in writing to the Secretary of the Grand Jury of every such county, the appointment of such Commissioner of Valuation, and such Secretary shall lay such notification before the Grand Jury of such county at the next ensuing assizes.

And be it Enacted, That it shall be law ful for the Lord Lieutenant to appoint such and so many Sub-commissioners, being professional Valuators, as may be recommended to him from time to time by the Commissioner of Valuation as fit and proper persons to fill that office; and every such Sub-commissioner shall when 10 directed by the Commissioner of Valuation so to do, attend and

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act in the hearing and determining of appeals against the valuation of tenements, as hereinafter is provided; and every such Sub-commissioner shall have the same power to enter into or upon any house or land as any Commissioner of Valuation or Valuator appointed under the provisions of the said first-named Act, subject to the same conditions as are therein provided.

And be it Enacted, That it shall be lawful for the Commissioner of Valuation who shall be appointed under this Act, to uominate and appoint any number of persons, conversant and professionally employed 20 in surveying and valuing land and houses, or in cases of towns in valuing of houses only, to be Valuators, and to remove all or any such Valuators from time to time, and to nominate any other person or persons to be a Valuator or Valuators in the place and stead of the person so removed; and previously to the appointment of any person 25 to be a Valuator, such Commissioner shall, in company with such person, perambulate the whole or any part of a barony, in order fully to ascertain his competence for acting as such Valuator.

And be it Enacted, That it shall be lawful for the said Lord Lieutenant to give such orders, instructions and directions for the conduct 30 of the said Commissioner or Sub-commissioners and Valuators respectively, and for the employment of such clerks or other persons in the discharge of their several duties under this Act, as to such Lord Lieutenant shall from time to time seem fitting and expedient for the due execution of this Act.

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And be it Enacted, That in every valuation hereafter to be made under the provisions of this Act, the Commissioner of Valuation shall cause to be valued every tenement which is a rateable hereditament under the provisions of an Act passed in the Session of Parliament held in the first and second years of the reign of Her present Majesty Queen VICTORIA, intituled, " An Act for the more effectual Relief of 561.

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the

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Tenements to be
valued separately,
according to the fair
cording to provisions
letting value, ac-
of 1 & 2 Vict.,

c. 56, s. 64.

10.

Property not rate

the Destitute Poor in Ireland," and shall also cause every such tenement to be separately valued by the Valuator, and the valuation thereof shall be made upon an estimate of the net annual value; (that is to say) of the rent for which, one year with another, the same might, in its actual state, be reasonably expected to let from year to year, the probable annual average cost of the repairs, insurance and other expenses, if any, necessary to maintain the hereditament in its actual state, and all rates, taxes and public charges, if any, except tithe rentcharge, being paid by the tenant.

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And be it Enacted, That, in valuing the property situated in any 10 able under 9 Geo. 4, of the towns liable to the payment of any rate or assessment

c. 82. to be separately valued for municipal purposes under 6 & 7 Vict.,

e. 93, s. 18.

1.1.

Annual average cost

of Landlord's repairs

under the provisions of an Act passed in the ninth year of his
late Majesty King GEORGE the Fourth, intituled, "An Act to make
Provision for lighting, cleansing and watching of Cities, Towns
Corporate and Market Towns in Ireland, in certain cases," and in 15
valuing the rateable hereditaments situated in any of the cities, towns
or boroughs liable to the payment of any rate or assessment under the
provisions of an Act passed in the fourth year of the reign of Her
present Majesty, intituled, "An Act for the Regulation of Municipal
Corporations in Ireland," or under the provisions of any private or 20
local Act for cleansing, watching, improving, paving or supplying with
water any such city, town or borough, and which are or shall be by
law exempted from the rate, or not rateable to, or which shall not be
included in the rate for the relief of the poor of the union wherein the
same may be situate, and in the case of dwelling-houses valued 25
together with other property, the said Commissioner of Valuation
shall cause to be made and declared separate valuations of all or any
such hereditaments, property and dwelling-houses; and every such
separate valuation of property not rateable as aforesaid, shall contain in
a separate column a statement of the ground of such exemption, and 30
the said Commissioner of Valuation shall transmit a copy of such
separate valuation to the town council or Commissioners appointed
under any such Act for the city, town corporate or market town in which
the said property or dwelling-houses may be situate; and thereupon
the provisions contained in an Act passed in the Session of Parliament 35
held in the sixth and seventh years of Her present Majesty Queen Vic-
TORIA, intituled, "An Act to amend an Act of the third and fourth
years of Her present Majesty, for the Regulation of Municipal Cor-
porations in Ireland," shall be deemed to apply to such separate
valuation, in like manner as if the same had been made under the pro- 40
visions of the said last-mentioned Act.

And be it Enacted, That in valuing the rateable hereditaments and insurances to be situated in any of the boroughs named in the Schedules (A.) and (B.)

annexed

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annexed to the Act passed in the third and fourth year of the reign of Her present Majesty, intituled, "An Act for the Regulation of Municipal Corporatious in Ireland," or in any other town to which a charter of incorporation may under the said Act be granted, the said Commissioner of Valuation shall cause to be estimated, in addition to the net annual value of each tenement, as herein before directed, the probable annual average cost of the landlord's repairs and landlord's

insurance.

any

Valuator

And be it Enacted, That it shall and may be lawful for any Com10 missioner appointed or continued under this Act, and for or Valuators appointed under this Act, from time to time to enter into and upon any land or house for the purpose of making or carrying on any valuation authorized by this Act: Provided always, That in every case in which it shall be necessary for any such Commissioner or 15 Valuator to enter any house, or any walled garden or orchard or pleasure-ground, and when the owner or occupier thereof may oppose or refuse to allow such entry, such Commissioner or Valuator shall give Three Days' notice to the owner or occupier of such house, garden, orchard or pleasure-ground, requiring to be permitted to enter the 20 same; and at any reasonable time after the delivery of such notice it shall be lawful to make such entry; such Commissioner and Valuators doing as little damage as may be in the execution of the powers to them granted by this Act, and making reasonable satisfaction (if required) to the owners of and other persons interested in any such 25 houses, lands, gardens, orchards or pleasure-grounds which shall or may be any way hurt or damnified in or by the execution of any of the powers of this Act; and this Act shall be sufficient to indemnify such Commissioner and Valuators, and all persons acting in aid or under the orders of any of them in the execution of this Act.

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And be it Enacted, That the said Valuator shall enter the particulars of the valuation of each and every parish, and of each and every townland and tenement within the same, when and as each such valuation shall be completed, in a separate and distinct field-book, to be appropriated to each and every such parish respectively, and to be distin35 guished and entitled as the survey and field-book of each such particular parish respectively, distinguishing the barony in which such parish shall be situate, and the several townlands, and the value of each tenement within such parish, and the name of the immediate lessor or reputed lessor and occupier of every tenement; and such Valuators 40 shall sign every such book with their several names, in their several and respective handwritings, with the date of completing such valuation; and such Valuators shall transmit or deliver every such field-book

561.

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