Page images
PDF
EPUB

14.

CLAUSE (A.) Parts of unions without boundary of counties to be valued.

15.

Lists of teements when valued to be

Board of Guardians.

field-book of every such parish, so signed, to the Commissioner of Valuation for the county in which every such parish shall be situate.

5

And be it Enacted, That when a part only of any union shall be included within the limits of any of the counties to be valued under this Act, the Commissioner of Valuation, on the application of the Poor Law Commissioners, shall make a new valuation in tenements, according to the net annual value of the portions of such unions as may extend beyond the limits of said counties: Provided always, That such valuation shall not affect the relative proportion of coun ty cess to be borne by any barony, parish or townland not included 10 within the limits of the county to be so valued.

15

And be it Enacted, That when and so soon as the valuation of all sent to the Clerk of the parishes within any barony or county of a city or county of a town, as the case may be, shall be completed, the Commissioner of Valuation shall prepare and make out a list or table of the several tenements contained in each townland or other denomination in every such parish, according to the net annual value; and the said Commissioner of Valuation shall transmit a sufficient number of printed copies of such lists, in the Form (A.) set forth in the Schedule annexed to this Act, to the Clerk of the Board of Guardians of any union in which 20 any townland, contained in such Schedule, is situated; and the said Commissioner of Valuation shall specify at the foot of the lists of tenements in each parish, hereinbefore directed to be made, the day and place appointed by him for hearing appeals against the valuation of the separate tenements contained in the said lists, as is hereinafter 25. provided.

16.

Notice of places in which Parish Lists may be inspected.

And be it Enacted, That every Clerk of any Board of Guardians to whom printed copies of any such lists shall be transmitted as aforesaid, shall forthwith, on the receipt of the said lists, cause to be affixed a notice on the principal outer door of the church and of any one 30 Roman Catholic chapel, and of any one Presbyterian meeting-house within every parish belonging to the union in which any townland, contained in such lists, is situate, stating the time and place at which the said lists may be inspected, and shall at all reasonable hours on every day, from and after the receipt of the said lists, for Twenty- 35 eight Days then next ensuing, at the workhouse of the union, at the station of each party of Constabulary, and at such other place (if any) as may be selected by the Board of Guardians, leave copies of the said lists to be inspected by any occupier of lands or tenements within the parish, or any rate-payer in respect of any rateable hereditament therein, and shall permit such occupier or rate-payer to take extracts therefrom at all reasonable times as aforesaid; and

if

40

5

if any
such copy or copies of the said lists shall be destroyed or
defaced, at any time within Fourteen Days after lodging the same,
the Clerk of the Board of Guardians shall transmit a new copy or
copies of every such list, and so from time to time when any such
copy shall be defaced or destroyed.

And be it Enacted, That at any time within Forty Days after the posting of the said notice as aforesaid, any person aggrieved by the valuation of any tenement in the said list contained may send or deliver to the Clerk of the Board of Guardians a notice in writing, 10 duly signed by him the said person aggrieved, of his intention to appeal against the said valuation, and the ground of appeal shall be stated in such notice; and the Clerk of the Board of Guardians shall forthwith transmit the said notices of appeal to the Commissioner of Valuation; and the said Commissioner of Valuation shall 15 thereupon prepare a statement of the notices of appeal, and the grounds thereof respectively, in each parish, and shall transmit the said statement to the said Clerk, who, on receipt of the said statement, shall lay it before the Board of Guardians at their next meeting

And be it Enacted, That on the receipt of any such notice or notices 20 of appeal as aforesaid, the Commissioner of Valuation may, if he shall think fit, send down a valuator or valuators who shall not have been previously employed in making the original valuation, to examine and value the several tenements, the valuation whereof has been appealed against, and any other tenement the valuation whereof it may be 25 necessary to consider in the hearing of such appeals, and shall direct

35

notices to be given to all persons where valuations may be altered on such appeal, including those who have appealed, of the day and place appointed by him for hearing such appeals.

[blocks in formation]

to meet.

19.

And be it Enacted, That the Commissioner of Valuation shall Sub-commissioners 30 direct Two Sub-commissioners to hear and determine the appeals against the valuation of the tenements in each of the parishes of the said barony, or county of a city or county of a town, as the case may be, such Sub-Commissioners not having been previously employed in making or examining such valuation, and shall furnish them with the notices of appeal, or copies thereof, which may have been transmitted by the Clerk of the Board of Guardians, as hereinbefore directed, and the said Sub-commissioners shall meet at the day and place appointed for the hearing of such appeals; and the said Clerk shall attend the said Sub-commissioners, 40 and produce the list of tenements in the said parish; and it shall be lawful for such Sub-commissioners to adjourn their meeting from time to time, and from place to place, as they shall see fitting and

convenient.

561.

A 4

And

20.

Field-books to be

produced before

And be it Enacted, That the Commissioner of Valuation shall cause

Sub-commissioners, to be produced before such Sub-commissioners all the field-books

who may summon

witnesses;

and examine them on oath.

5

which shall have been transmitted to such Commissioner from the valuators of any parish; and it shall be lawful for such Sub-commissioners to send their precept or precepts, under their hands and seals, to any person or persons whomsoever, to attend and appear and be examined before such Sub-commissioners; and all and every person or persons who shall be called upon or summoned by any such precept, shall and they and he are and is hereby required and directed to attend such Sub-commissioners, at such time and times and place and 10places as shall be appointed; and it shall be lawful for such Subcommissioners, and they are hereby authorized and empowered to examine any person or persons upon oath, or by way of affirmation or declaration (as the case may be); and such Sub-commissioners or either of them shall and they are hereby authorized and empowered 15. to administer such oath or affirmation, or declaration, to any person or persons respectively; and all and every such persons or person shali answer upon oath or affirmation as aforesaid, to all questions which shall be put to them by such Sub-commissioners or either of Penalty for perjury. them; and if any person or persons shall, upon his, her or their exa- 20mination before such Sub-commissioners, wilfully and corruptly give false evidence, every such person so offending, and being duly thereof convicted, shall be and is hereby declared to be subject and liable to such pains and penalties as by any law in force and effect in Ireland persons guilty of perjury are subject and liable to.

See 6 & 7 Will. 4,

c. 84, s. 28; and

3 & 4 Will. 4.

c. 49, s. 1.

21. Sub-commissioners may alter or amend valnation.

25€

30

And be it Enacted, That if upon the hearing of any such appeal it shall appear to the Sub-commissioners that there is any just cause of complaint against such valuation or any part thereof, by reason of the valuation not having been made on a just and proper estimate of the net annual value of any tenement or tenements as is hereinbefore directed, or on any other account whatsoever, it shall be lawful for such Sub-commissioners, if they shall see fit, to alter or amend such valuation; and the said Sub-commissioners shall make out and sign a statement of all the cases in every parish in which they shall have altered the value of any tenement, or otherwise amended the valuation, 35or refused to do so, and shall within Six Days transmit the said statement, so signed, to the Clerk of the Board of Guardians, or other person by this Act required to act in lieu of such Clerk, who shall forthwith make the same public by all and every the same ways and means by which the lists of tenements in the Form (A.) to this Act 40 annexed are hereinbefore required to be made public: Provided always, That in all cases in which no Clerk shall have been appointed to the Board of Guardians of any Union, it shall be lawful for the Poor Law Commissioners to appoint a person to act in his stead.

And

5

And be it Enacted, That if any person or persons shall find himself or themselves aggrieved by any order or decision of such Sub-commissioners, it shall be lawful for such person or persons to appeal to the next Sessions of the Peace to be held, in the presence of the Assistant Barrister or Recorder, in and for the county, county of a city or county of a town, in which such order or decision shall have been made, provided One calendar Month shall intervene between the signing of such statement and the first day of the sessions of such district; or if such sessions shall be held before the expiration of 10 One calendar Month next after the signing of such statement, then such appeal shall be made to the next following sessions.

And be it Enacted, That the person or persons so appealing as aforesaid shall give or cause to be given at least Fourteen Days' notice in writing of his or their intention of appealing as aforesaid, and 15 of the matter and cause thereof, to the clerk of the Board of Guardians, who shall forward the same without delay to the Commissioner of Valuation as the respondent in the said appeal; and if the cause of appeal shall be such as to require alteration to be made in the valuation of any tenement for which any other person or persons is or are liable to 20 be rated, the appellant shall give a like notice to such other person or persons; and the Justices and Assistant Barrister or Recorder to whom such appeal shall be made, shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal; and the provisions of the said Act

[ocr errors]
[blocks in formation]

c. 92, s. 8.

25 passed in the Session of Parliament held in the first and second years See 2 Vict. c. 1, s. 9. of Her present Majesty, and of an Act passed in the second year of Her said Majesty, intituled, "An Act to amend an Act of the first and second year of Her present Majesty, for the more effectual Relief of the destitute Poor in Ireland," and of Act passed in the Session of 30 Parliament held in the sixth and seventh years of the reign of Her said See 6 & 7 Vict., Majesty, intituled, " An Act for the further Amendment of the Act for the more effectual Relief of the destitute Poor in Ireland," which require certain recognizances to be entered into by parties appealing against a conviction or poor-rate under the said Acts, and which 35 empower the Justices and Assistant Barrister or Recorder to award costs to the party appealing or appealed against, and which relate to the jurisdiction of the Sessions of the Peace in certain cases, shall extend to appeals made to the Sessions of the Peace under this Act: Provided always, That if the costs of such appeal shall be awarded 40 against the Commissioner of Valuation or the Sub-commissioners, such costs when paid by such Commissioner or Sub-commissioners, together with the necessary costs incurred by such Commissioner or Subcommissioners in defending such appeal shall be deemed to be and charged as part of the expense of the valuation.

561.

B

And

24.

Decision of Justices to be final.

25.

List of tenements to be sent to Boards of

valuation is com

pleted.

And be it Enacted, That the Justices and the Assistant Barrister or Recorder before whom any appeal shall be brought, are hereby empowered and required to hear and determine the matter of such appeal, and to make such order therein as to them shall seem fit, which order shall be final and conclusive on all parties.

5

And be it Enacted, That so soon as the valuation of any union Guardians when the shall have been finally completed in the manner aforesaid, the said Commissioner of Valuation shall transmit to the Board of Guardians of the union in which any townland or townlands comprised in the said valuation is or are situate, a copy of the valuation of the several 10 tenements in the said townland or townlands in the Form (B.) to this Act annexed, signed by him the said Commissioner of Valuation.

26.

Rates to be made thereon after Thirty Days from the

receipt of the lists.

27.

Appeal to Quarter
Sessions against

poor-rates taken

of value.

6 & 7 Vict. c. 92.

And be it Enacted, That every rate for the relief of the destitute poor in every union which shall be made after Thirty Days from the time when the Board of Guardians shall have received the valuation 15 of all the townlands comprised in the union, shall be made upon the persons liable to pay the same according to the valuation so signed and transmitted as aforesaid by the Commissioner of Valuation, and upon no other: Provided always, That nothing herein contained shall be construed to prevent the Board of Guardians, or the Assistant 20 Barrister and Justices, on appeal, from altering the name of any occu pier or immediate lessor in such valuation in case of any change of abode or possession, or of any error or omission of the name of such lessor or occupier.

And be it Enacted, That so much of the said Act passed in the 25 Session of Parliament held in the first and second years of the reign away, as to questions of Her Majesty Queen VICTORIA, and so much of the said Act passed in the second year of Her said Majesty, and so much of an Act passed in the Session of Parliament held in the sixth and seventh years of the reign of Her said Majesty, intituled, "An Act for the 30 further Amendment of an Act for the more effectual Relief of the destitute Poor in Ireland," as may authorize any Justices or Assistant Barrister or Recorder, on appeal being made to them at Quarter Sessions, to amend, alter or quash any rate, on account of the net annual value assigned therein to any tenement, shall not extend or 35 apply to any rate for the relief of the destitute poor made and assessed on such tenement in conformity with the valuation thereof signed by the Commissioner of Valuation as aforesaid.

28.

Revision of valuation in certain cases to take place after the lapse of One Year.

AND for the purpose of the poor law and municipal assessment, and to provide for the necessary alteration and revision of the said 40 net tenement valuation from time to time, in the cases of those tenements the limits whereof shall become changed or whereof the value

shall

« PreviousContinue »