RATE-continued. 5. What property is rateable-continued. (11.) Docks-Canals-Tolls-continued. Power to make a river navigable, without exclusive occupation of land, does Lands, converted into a dock, rateable, 99; though the shares are personal If statute exempts tolls from rates, the land is exempted, 102. Value of land, improved by canal, not rateable, where statute directs it to be Owners of towing path rateable, herbage only being leased, 102. Lessee of fisheries, with halves due, is territorial and rateable, 103. Secus, if stallage and pickage, 104. Tolls, per se, are not rateable, 104, 106. Nor toll-house, APPENDIX, 106. The occupiers of a lock, receiving tolls, are rateable, ib. ; so also where tolls Lessee of a ferry not rateable, 114, 117. 6. Property, where to be rated, 104. Personal property in the parish which the owner inhabits, 104. Real property in the parish where it is situated, ib. Light-house not rateable according to the tolls, where neither the tolls nor the benefit to the ships is received in the parish, 108. Drained marshes, where parish unknown to adjoining parish, 109. A reservoir is not rateable in one parish for profits made in another, 110. Nor lands, used only to drain other land in another parish, 112. A ship is rateable at her home, the owner being resident there, 113. So also a packet-boat, ib. If no partner resides in the parish where business is transacted, the stock is not rateable, 116. If one partner reside, he is rateable for his share only, 117. Canals are rateable in each parish, for the profits which the land in each parish And not for riverage becoming due in each parish, 123. Bridge situated in two parishes rateable in each, though all the tolls received 7. Of the Proportion of the Rate, 124. Where the expence in one year is greater than the profit, it is rateable if there The rent a tenant would give is the criterion of the rateable profit, 106, 126, If the subject is perishable, the further expence of renewing must be deducted, Actual rent no criterion, 126; nor land-tax, 130. The rent at which a coal mine would let, is the criterion, without deducting Whether made by tenant or landlord, ib.; in fixing profits of canal, the poor- No general rule as to proportions, 125. Unless a rate is apparently unequal, King's Bench will not quash it, 124, 125, Different rate in house and land not an apparent inequality, 124; nor two-thirds If the sessions state the grounds of rating and they are unequal, King's Bench RATE continued. 8. Form of Rate-continued. If parish in two counties or liberties, justices to act only within their juris- But overseers have authority over the whole parish, ib. Not to be altered after allowance, ib. Rate for a borough, part only of a parish, is bad, ib. ; unless separately assessed Rate for a borough not to be allowed by county justice, ih. The allowance is a ministerial act, 131; and cannot be refused, ib.; if Forms of Rate. See APPENDIX. Publication of rate must be on the next Sunday after allowance, 134. Or it is a nullity, ib. The notice need not state the allowance, 137. See Form of Publication. 9. Rate, inspection of, 134. Inhabitants may inspect the rate, ih.; and demand copies, ib.; though time Penalty for neglect 201., recoverable by action, by party aggrieved, 135. By the attorney of an inhabitant insufficient, 135; unless inhabitant present, The plaintiff must sustain some injury, ib.; loss of right of appeal not Copy given the morning after the demand sufficient, 136. Demand of "the rate" sufficient, 137. Referring inhabitant to the vestry is a refusal, ib. An assistant overseer is liable to the penalty, if it is part of his duty to pro- What is evidence thereof, 138. Mandamus granted for inspection after time for appeal passed, ib.; without Mandamus granted to guardians of poor, 139. 10. Rates, exemption from payment of, 139. Justices in petty sessions, with consent of overseers, may excuse paupers from 11. Rate, appeal against, 139. Statutes relating to, 140-143. Appeal is given to persons aggrieved, or persons having material objection to Notice of appeal in writing, signed by appellant or attorney, must be left at The grounds of appeal must be specified, and the sessions can examine into Same notice must be given to persons interested, ib.; omission fatal to the Notice to corporation sufficient, though burgesses stock the land, 142, n. Notice to all inhabitants unnecessary where the ground was rated higher than The notice need not state the appellant to be party aggrieved, or inhabitant, or If he has no interest in the rate, the sessions may refuse to hear it. Several persons may join in one notice, 146. One appeal against four rates sufficient, 147. Form of notice, 154; and APPENDIX. The appeal is to the next practicable sessions for allowance, 142, 145, 146. One day intervening between publication and sessions, 145. The appeal may be to the following sessions, 145, 146. See APPEAL. RATE-continued. 11 Rate, appeal against-continued. Justices should induce parties to try the appeal at the next sessions, and not If they do adjourn it, they must hear it, ib. They may refuse to receive the appeal if no notice is given, ib. When appellant objects to his being rated at all, or to the quantum, the If a borough has not six justices the appeal may be to county sessions, 145; If an adequate number, but some interested, the appeal must be to the borough Justices may amend the rate, 142; by inserting or striking out names, 141, 142 by altering sums charged, ib.; or in any other manner, ib. Justices may quash it and order a new rate to be made, 140; and the sums Rate to be reserved as altered, 142, 143. Copy of rate to be entered in a book after appeal, 150. Costs may be awarded to successful party, 140; if appeal is entered and Where appellant abandoned his notice and no appeal entered, no costs can be Secus where entered after notice that respondents would not oppose it, 141. Rate not removable by certiorari. Distress for, see DISTRESS. RATES, PAYMENT OF, (Settlement by). See TAXES AND LEVIES. RELIEF. 1. Liability of Parents and Children to maintain each other. Division of subject, 163. This liability not a common law obligation, 163, n. (b) Statutes relating to 43 Eliz. c. 2, 163; 59 Geo. III. c. 12, 165. Father, grandfather, mother, grandmother, and children, may be charged, 163. The statutes extend to natural relations only, 165–167. A step-father is not liable for his wife's children, 165, 166; nor for his son's A reputed parent is not within the statute, 167. Grandfather is liable, if the father is unable, 166. A man is not liable for his wife's mother, ib. Pension may be assigned for relief of a family, 180. Void by death before pension due, 182. Wages of seamen payable to overseers if their families be chargeable, 182. Order, ib. n. Different rule for seamen convicted of smuggling, 183, 184. Forms. See PRECEDENTS. Complaint of overseer, 167. Order of maintenance, ib. Information for disobedience thereto, 168. Warrant of distress, 168; and commitment, 169. The order must adjudge the person to be poor, 170; and impotent, 179. If a poor destitute "condition," insufficient, ib. It must state that the person charged is of sufficient ability, ib. The case may lie till an order to the contrary is made, ib.; but see 171. It must be made by two justices of the county in which the person charged The poor person is not to be sent without sufficient reason, ib. The poor person must be chargeable, 171. The order may be retrospective, ib. It may be enforced by indictment, or the penalty may be levied, ib. An appeal lies against it, ib. RELIEF-continued. Persons deserting or absent from their Families. Statutes 5 Geo. I. c. 8, 59 Geo. III. c. 31, 32, p. 171, 172. Goods of persons leaving wife or child chargeable, may be sold, and the profits of lands taken by overseers, 172. Such persons are vagrants, ib. The order must state what is to be seized, and the quantum of relief, 172, 173. Pensions of such persons paid to overseers, 181. Form of order, 174. So also wages of seamen, 182. Form of order, ib. n. Mode of Relief. Poor, how relieved before any statute, 5, 6. Persons refusing to be lodged in poor-house not entitled to relief, 185, 187, 188. Except bastards being nurse children, ib. Overseers must endeavour to find work, ib. may purchase or rent 20 acres of land, and employ the poor on it, or Relief by way of loan authorized, 180. Money may be advanced by government if required, by majority of parish in Names of paupers receiving relief to be kept in a book, 178. None relieved, except on emergency, but by order of two justices, ib. The order of no force after fourteen days, or next petty sessions, 179. It must be necessary relief, and for medical aid, ib. No appeal lies against it, 190. Poor-houses. See POOR-HOUSES. Overseers may contract for the employment and maintenance of the poor, 185. Notice of intended contracts to be given, 187. Relief may be withheld from persons refusing to go into workhouse, 187, 188. The special cause thereof must be stated in the order, ib. The order not to be for more than six months, ib. The rate of allowance limited, 195. A nurse child may be relieved, though residing in another parish, 719. Form of order, 721. Where there is a special vestry. See that title. Where guardians are approved. See GUARDIANS. Relief (acknowledgment of Settlement by) Relief given to a pauper resident in the parish is no evidence of his settlement Nor continued relief, nor the placing out of one of the family as an apprentice, 701. But relief given to a pauper resident in another parish, is evidence of a settle- Single instance not conclusive, 703. Removal, Order of, Non-Appeal against, 144. Order of removal unappealed against, is conclusive against all the world, 703, REMOVAL. I. Statutes relating to, 705. 13 and 14 Car. II., c. 12, s. 1, 3-705, 706. 5 Geo. II. c. 19-707. 35 Geo. III. c. 101, s. 1,2,5,6-707, 708, 709. 5 Geo. IV. c. 83, s. 1, 2-711. REMOVAL-continued. II. Who may be Removed, 711. (1.) Paupers generally, 712. Must be removed to their last settlement; and where that was in a place A statute creating a place a township, and to maintain its own poor, is pros- May be removed after forty days' residence on a tenement since 59 Geo. III., But not if residing on an estate purchased for less than 101. (2.) Of Removal of Wife, 714. Wife resident with her husband cannot be removed from him, 714. Removal of a wife, eo nomine, is good, without adjudging place to be hus- So also if she is removed with her children, not stating her to be married, Wife of an Irishman who resides with her, could never be removed to her Wife of a person without a settlement may, by consent of her husband, be Wife deserted is irremovable from her estate, ib. A married woman, preg. Order for removing a married woman to her maiden settlement was quashed, (3.) Of Children, 718. Nurse children may be removed to the settlement of the parents, though A nurse child is irremovable from mother, whether the child is legitimate Family irremovable where order prepended of any one, 751. (4.) Of Servants, 722. A servant cannot be removed during service, 722; though pregnant with But if she is discharged for bastardy, she may then be removed, 722. (5.) Of Pregnant Women under 38 Geo. III. c. 101-724. Of Servants. See above. An unmarried woman with child is not necessarily chargeable, the justices But order stating that, being pregnant, she was deemed chargeable, is good, A certificate does not prevent her removal, 725. (6.) Of Casual Poor, 725, 234. A person meeting with an accident in a parish, is not removable, 234, 725, 726. (7.) Of Poor born in Scotland, Ireland, Isles of Man, Jersey, and Guernsey, 726. Being vagrants, may be removed to their settlement under a former statute, 727. Duplicate of pass to be filed at sessions, 728. Mode of conveyance and allowance for, to be certified, 728. Form of certi- Allowance per mile to be fixed at sessions, 730. Duty of constables, &c. 728, 731. Vagrants of ability to pay their own passage, 729. |