SECTION II.

CHAPELS OF PROTESTANT DISSENTERS AND ROMAN CATHOLICS.

SECTION 2 of stat. 55 G. III. c. 155, the present toleration act of Protestant dissenters, which replaced 1 W. & M. c. 18, will be found ante, p. 151.

By 31 G. III. c. 32, (toleration of Roman Catholics,) it is enacted in s. 5, that no place of congregation or assembly for religious worship shall be allowed till the place of such meeting shall be certified to the sessions of the county or place, and there recorded and the clerk of the peace shall give a certificate thereof, if demanded, for 6d.

SECTION III.
COUNTY RATES.

BEFORE 1739, the various charges on counties for building and repairing gaols and bridges, passing vagrants, &c. &c. (and on parishes for the small contributions which were then payable by each county and place corporate for relief of the poor prisoners of the king's bench and marshalsea, and to such hospitals and almshouses as were in the county (x), &c. &c., were levied under separate acts of parliament. To prevent the trouble and expense attendant on this mode of collection, the justices in general or quarter sessions were then empowered (y) to make "one general rate or assessment" upon the county for all the above purposes, to be “assessed upon every town, parish, or place within the respective limits of their commissions, in such proportions as any of the rates heretofore made in pursuance of the said several acts have been usually assessed." The portion of this general county rate assessed on each parish or place where there is a poor's rate, is to be paid by the parish officers out of the poor's rates to the high constable of the hundred or division (z). In places not rated to the poor, the petty constable is to rate and levy the sum payable by the parish, and pay it over to the high constable (a). The high constables hand over the sums thus received to the county treasurer (b),

(x) 43 El. c. 2, s. 14; 14 El. c. 5, 8. 37.

(y) 12 G. II. c. 29, s. 1, reciting the various acts.

(z) Id. s. 2. (a) Id. s. 3.

(b) Id. s. 6. The county treasurer is appointed (12 G. II. c. 29 s. 6), and may be removed at pleasure (s. 11), by the quarter sessions. As to this officer in a county of a city, see R. v. Patteson, 4 B. & Adol. 9; 1 Nev. & Man. 612, S. C.

and all these parties shall account for them to the sessions (c). And now the justices in general or quarter sessions may issue precepts to parish officers to return the fair and just annual value of the rateable property within their parish, township, or place, to the justices of their division in petty sessions, who are to certify the true amount thereof, when settled to their own satisfaction, to the sessions, upon which the latter may assess a rate according to the fair annual value thus ascertained, and issue warrants to the high constables, ordering them to issue their warrants to the overseers in their respective divisions to levy and pay such rate in the usual manner (d).

Appeal against County Rate.]-By 55 G.-III. c. 51, s. 14 (e), an appeal is given to parish officers, &c. against a rate so assessed to any general or quarter sessions of the county, thus overriding every pub

(c) 12 G. II. c. 29, ss. 7, 8, 17; 55 G. III. c. 51, s. 18.

(d) 55 G. III. c. 51, ss. 1-13; and see 56 G. III. c. 49; 57 G. III. c. 94; 1 & 2 G. IV. c 85.

(e) Appeal against County Rate.]— Provided always, and be it enacted, That if the churchwarden or churchwardens, overseer or overseers of the poor, or other inhabitant or inhabitants of any parish, township, or place, whether parochial or otherwise, where there is no churchwarden or overseer, or person appointed to act as such, shall at any time have reason to think that such parish, &c. is aggrieved by any rate now existing, or hereafter to be made, either in pursuance of this act, or of any act or acts now in force, whether it be

Causes of Grievance.]—On account of the proportions assessed upon the respective parishes, &c. being unequal, or on account of some one or more of them being, without sufficient cause, omitted altogether from the rate, or on account of such parish, &c. being rated at a higher proportion of the pound sterling, according to the fair annual value of the rateable property therein, or on account of some other parish or parishes, township or townships, place or places, being rated at a lower proportion of the pound sterling, according to the fair annual value of the rateable property therein, than has been fixed and declared by the justices of the peace of the said county in sessions assembled as the basis of the rate of the said county, or on account of any other just cause of complaint whatsoever,

It shall be lawful for such churchwardens or overseer or overseers of the poor, or other inhabitant or inhabitants, where there is no churchwarden or overseer, or person appointed to act as such, to appeal to the justices of the peace for the county at any general or quarter sessions against such part of the rate only as may affect the parish or parishes, &c. which are unequally rated, or which shall appear to be overrated or underrated, or omitted altogether from the rate; and the said justices are hereby empowered to hear and finally determine the same, and either to confirm such parts of the rate as shall have been appealed against, or to correct such inequalities, disproportions, or omissions as shall be proved to exist therein, in such manner as to them the said justices shall appear fair, just, and equitable; any thing in this act, or any former act or acts, or any law, usage, or custom to the contrary thereof notwithstanding.

Provided nevertheless, that upon such appeal, no such rate shall be quashed or destroyed in regard to any other parish, township, or place, unless in cases where the justices of the peace of any county in general or quarter sessions assembled, or the major part of them, shall deem it necessary to proceed to the making of an entire new rate, and shall proceed therein according to the provisions of this act; and see 12 G. II. c. 29, s. 12.

By 57 G. III. c. 94, s. 2, the county rate assessed is to be raised, notwithstanding appeals against it, until the decision of the sessions is made thereor,

lic (f), as well as local act (g), by which such an appeal is limited to the next session only. This section embraces all county rates, whether imposed according to the proportions in the ancient assessments, or on a fair ad valorem rate, made under 55 G. III. c. 51 (h), or even under local acts (i). However, it is no ground of appeal that individual inhabitants in a parish, township, or place, are overrated in comparison with other individuals in another (j); and the grievance must be that the whole parish, &c. is overrated with reference to some other parish (k). County quarter sessions have occasionally jurisdiction over appeals against rates in boroughs in nature of county rates (1). Justices of peace at quarter sessions cannot order the costs of prosecuting a misdemeanour under their direction to be allowed out of the county rates (m).

Notice of Appeal.]-Fourteen clear days' notice in writing must be given by the parties intending to appeal (viz. by 55 G. III. c. 51, s. 14, the churchwardens and overseers of the parish, &c. complaining, or the overseers, if there are no churchwardens; or, if there are neither, nor any persons appointed to act as such, any inhabitant or inhabitants), to the parties against whose rate the appeal is to be made, the clerk of the peace of the county, and the hundred constable, of the intention to try such appeal at the next general sessions of the peace"(n). The words in italics appear to point to the justices at sessions; but the act must intend that the officers of the parish, &c. said to be underrated, shall be the respondents. A notice of appeal, from which it does not at least follow of necessity, that the parish, &c. is aggrieved, is bad (o); and the attentive practitioner will be careful to state that fact expressly in it.

provided that if they order it to be set aside, decreased, or lowered, and it appears to them that any parish, &c. has, before the determination of the appeal, paid any sum or sums of money in consequence of such rates, which ought not to have been paid or charged thereon, they shall order such proportion thereof as was paid subsequent to the notice of appeal, to be repaid out of the general rate of the county in which the cause of appeal has arisen.

(f) 12 G. II. c. 29, s. 12. The appeal against a borough rate, in nature of a county rate, is to the next sessions. See ante, p. 983.

(g) For instance, 54 G. III. c. 103; R. v. Bucks (Justices), 7 B. & C. 3; 9

It is not requisite to state the grounds of appeal in the notice; yet if grounds are so stated, the sessions should either try the appeal, or, if the respondents have been misled by the statement, should adjourn it to the next sessions, but must not refuse a hearing altogether, on the ground that the causes of appeal stated amount to nothing in point of law (p).

Hearing.]-The different grounds of appeal are set forth in 55 G. III. c. 51, s. 14 (ante, p. 1009). The appellants usually begin by showing the manner in which their parish, &c. is aggrieved, and if witnesses are called on the other side by the respondents, have the general reply. If cases are cited on the other side without calling witnesses, the court will, in general, permit a reply to those cases only; but even this is not to be claimed as a right, and the appellants' counsel cannot reply on the whole case.

Judgment and Expenses of Appeal.]—The justices either correct "inequalities, disproportions, or omissions," proved to exist in the rate appealed against, or confirm the parts appealed against; but unless they deem it necessary to make an entirely new rate, they shall not quash the rate in regard to any parish, &c. not appealing (q). The rate appealed against might be paid in the interval before the appeal is decided; and any sum which has been paid after notice of appeal, and as it turns out, ought not to have been paid, shall be ordered by the sessions to be repaid out of the county rate (r). The expenses are to be paid by such parishes, &c. and persons, and in such proportions as the sessions shall award (s).

Effect of Certiorari on County Rate.]-An order of sessions confirmed a county rate subject to a special case. The certiorari directed the justices to send up the order of sessions, "with all things touching the same," and the queen's bench quashed that order. The sessions then refused to quash the rate, it not having been removed by the certiorari, and no appeal remaining against it. The queen's bench refused a mandamus to compel them to enter continuances and quash the rate, for otherwise the parties engaged in collecting the rate might be sued, and the sessions could not be compelled to decide in a particular way (t). If a county rate is good on the face of it, but an ob

(p) R. v. Westmoreland (Justices),

10 B. & Cr. 226.

(q) 55 G. III. c. 51, s. 14, ante, p. 1009.

(r) 55 G. III. c. 51, s. 2.

(s) 57 G. III. c. 94, s. 4. (t) Reg. v. Middlesex (Justices), 1 P. & D. 402.

jection exists which is expressly made matter for appeal to the sessions, the rate will not be quashed on certiorari (u).

Transacting Business of Quarter Sessions respecting County Rates in open Court.]-By 4 & 5 W. IV. c. 48, all business appertaining to the assessment, application, or management of the county stock or rate, or any fund or funds used or applied in aid thereof, or contributory thereto, or to any matter or thing whereby, or in respect whereof, the said county stock or rate is, or may be, chargeable by law, which, by any statute or statutes now in force, the justices of the peace are authorized and directed to do and transact at the general or quarter sessions, or at any adjournment thereof, shall be done and transacted publicly and in open court, at such general or quarter sessions, and not otherwise; and no order of such justices relating to the matters aforesaid shall be binding or effectual, unless it has been made, and the business thereto relating transacted publicly and in open court, as aforesaid (v).

As this act does not alter the nature of the authority by which the allowance is to be made, the accounts may be examined in private before coming into court, and no person, not being in the commission, though a rate-payer, can interfere with the justices' jurisdiction in allowing accounts charged on the county rate; or take any part in their proceedings, as by demanding to inspect the items at the time of the public allowance of them, objecting to them, &c. (w).

Inspecting County Rates.]—Justices at sessions publicly allowed particular charges made on the county rate, but refused a request then made to them by a rate-payer, to inspect the items, as well as his offer to give information, which would show the impropriety of allowing some of them, and rejecting his interference in any way with the allowance. A mandamus to "inspect and examine, and have copies or extracts of the bills and accounts, vouchers and papers, exhibited to, and allowed and passed by, them," was afterwards moved for on his behalf, on an affidavit that the accounts had been previously examined by some of the justices at a private meeting, and that he could impugn the charges if he saw them. For even if as a rate-payer he had a right to demand inspection of accounts respecting the county

(u) S. C.; R. v. Gloucester (Mayor),

5 T. R. 346.

(v) See Dalton, chap. 185, p. 461.

(w) R. v. Nottingham (Town and County Justices), 3 Ad. & E. 500; 1 N. & P. 260, S. C.