Page images
PDF
EPUB

RATE-continued.

5. Whut Property is rateable-continued.
(4.) Profits of personal labour-continued.

Nor attorney's profits, 68.
(5.) Tithes, 68.

By the statute tithes are rateable, 68.
Other incorporeal hereditaments or easements are not, ib., 83.
A lessee of tithes, by parol, cannot be rated, 68, 69.
If he holds by deed, semble, he is liable, 69.
A corn rent, in lieu of all tithes, is rateable, 70 ; unless expressly exempte

from taxes, 69.
Tithe of fish, 70; oblations, ib. ; and other rectorial or vicarial dues, are

rateable, 70.
(6.) Manors and their Profits, 70.

Rents and casual profits of a manor are not rateable, 70.
(7.) Mines, 71.

Coal mines rateable by stat., 71; if productive to any one, 73.
Lead and iron mines are not, ib.
But the lessee of lot and cope of lead mine is rateable, 72.
Toll, tin, and farm dues are rateable, 73, 74,
Rent is not rateable, eo nomine, 75, 79.
The lessor of lead mines is not rateable for the rent reserved, 75, no ore had

been raised, ib.
The lessee of a free share of calamine is rateable as occupier, ib.
The reservation of a power to pay in ore fit for smelting, or in money (which

was acted on), renders lessor rateable, 77.
Secus, if ore when smelted, for that is in the nature of rent, 80.
A conjoint rate, in respect of two things, one of which is not rateable, is bad,

46, 79.
Lime, and slate works, claypits, &c., are not mines, but rateable as land, 80.

Who the occupier, 89.
(8.) “ Saleable Underwoods,” 80.

“ Saleable" is in contradistinction to estovers for fuel, &c., ib.
Fir, planted to shelter, and cut out to encourage oaks, and not for sale, not

rateable, 81.
(9.) Commons, 83.

Mere right of common is not rateable, 83, 87.
Aftermath let out, is rateable, 84.
Burgesses who turn out cattle, and pay to others who do not, are rateable, 85.
Secus, if the corporation retain the exclusive right of possession, though bur-

gesses' stock, 86.
Way leaves, 88.

With exclusive possession of ground, rateable, ib.

But mere easement not, ib.
Dairy.

Tenant of, rateable, if he has an exclusive right of pasture, ib. 539.
Other incorporeal rights, generally not rateable.

As privilege, not exclusive, of quarrying, 89.

Or power to make river navigable, without purchase of lands, 96, 99.
(10.) Extra Profits of Land, 89.

Included in the assessment, 89.
As when it is used as a spring, ib.; or reservoir, 90; or for the water pipes,

92 ; or gas pipes, 92, 93.
So also for profits arising from a machine affixed to freehold, 95 ; and from a

billiard table, 95 ; and from building used as a canteen, 95.
(11.) Docks---Canals, Tolls, 95.

Merely landing some timber does not make the place a wharf, 91.

RATE-continued.

5. What property is rateable-continued.
(11.) DocksCanalsTollscontinued.
Power to make a river navigable, without exclusive occupation of land, does

not make the undertakers rateable, 96, 97, 98, 99.
Lands, converted into a dock, rateable, 99; though the shares are personal

property, ib.
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

rated as adjoining land, 102, 129.
Owners of towing path rateable, herbage only being leased, 102.
Lessee of fisheries, with halves due, is territorial and rateable, 103.
Lessee of market tolls, not incident to the soil, not rateable, ib.
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

connected with other local property, 109.

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 slock 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

yields, 121, 122, 123, 129.
And not for riverage becoming due in each parish, 123.
Bridge situated in two parishes rateable in each, though all the tolls received

in one, 124. ADDENDA, 846.
7. Of the Proportion of the Rate, 124.
Where the expence in one year is greater than the profit, it is rateable if there

is a profit communibus annis, 99, 100, 101.
The rent a tenant would give is the criterion of the rateable profit, 106, 126,

127, 128.
If the subject is perishable, the further expence of renewing must be deducted,

106, 127.
Actual rent no criterion, 126 ; nor land-tax, 130.
The rent at which a coal mine would let, is the criterion, without deducting

the expence of sinking it, 126; as to incomplete canal, 131; the improved

value must be taken, 127.
Whether made by tenant or landlord, ib. ; in fixing profits of canal, the poor-

rate, expences of collection, of repairing locks, and supplying water, must
be deducted, 130.
No general rule as to proportions, 125.
Unless a rate is apparently unequal, King's Bench will not quash it, 124, 125,

126, 128.
Different rate in house and land not an apparent inequality, 124 ; nor two-thirds

of net rent of lands, and one-half of collieries, 128.
If the sessions state the grounds of rating and they are unequal, King's Bench

will quash it, 146.
8. Form of Rate, 131.

The property rated must be specified, 132.
Its allowance, ib.
Form of, ib.
Must be by two justices out of sessions, ib.
Or by borough justices, or aldermen, ib.

RATE continued.

8. Form of Rute--continued.
If'parish in two counties or liberties, justices to act only within their juris-

diction, 133.
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

for sixty years before 59 Geo. 111. c. 95, ib.
Rate for a borough not to be allowed by county justice, ih.
The allowance is a ministerial act, i3l; and cannot be refused, ib. ; if

refused, mandamus lies, 134. 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.

APPENDIX. 9. Rate, inspection of, 134. Inhabitants may inspect the rate, ih.; and demand copies, ib. ; though time

for appeal have elapsed, 217. Penalty for neglect 201., recoverable by action, by party aggrieved, 135. The demand must be at a reasonable time and place, 134; at the plaintiff's

house not reasonable, 136 ; near overseer's house reasonable, 138. By the attorney of an inhabitant insufficient, 135 ; unless inhabitant present,

136.
The plaintiff must sustain some injury, ib. ; loss of right of appeal not

essential, 136 ; contrù, 135.
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-

duce the rate, 137, 138.
What is evidence thereof, 138.
Mandumus granted for inspection after time for appeal passed, ib.; without

stating his grounds, 139 ; contrù, ib. 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

payment of rates, 139.
11, Rate, appeal against, 139.

Statutes relating to, 140--143.
Appeal is given to persons aggrieved, or persons having material objection to

the insertion or omission of another, 140.
Notice of appeal in writing, signed by appellant or attorney, must be left al

overseer's abode, 141. The grounds of appeal must be specified, and the sessions can examine into

no other, 142 ; though an objection appear on the face of the rate, 147. Unless by consent in open court, 142. Same notice must be given to persons interested, ib.; omission fatal to the

appeal, 148. Notice to corporation sufficient, though burgesses stock the land, 142, n. Notice to all inhabitants unnecessary where the ground was rated higher than

other inhabitants, 147.
The notice need not state the appellant to be party aggrieved, or inhabitant, or

that he has material objection.
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 Rute, appeal against--continued.
Justices should induce parties to try the appeal at the next sessions, and not

enter and adjourn as of course, 147.
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 quantam, the

respondent must begin and prove probable grounds for the amount charged,

148, 149.
If a borough has not six justices the appeal may be to county sessions, 145;

formerly four, 140.
If an adequate number, but some interested, the appeal must be to the borough

sessions, 148.
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

charged to he levied, 141; or particular persons not to pay, ib.; or sums

paid to be restored, 143.
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

determined, ib.
Where appellant abandoned his notice and no appeal entered, no costs can be

given, 140, 141.
Secus where entered after notice that respondents would not oppose it, 141.
Inhabitants competent witnesses, 149.
Rate not removable by certiorari.

Distress for, see DistRESS.
RATES, PAYMENT OF, (Settlement by). See Taxes and Leviis.
RELIEF.

1. Lia'ility of Parents and Children to maintain each other.

Division of subject, 163.
This liability not a common law obligation, 163, n. (6)
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 order may be made in petty sessions, 165.
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

wife, 166, 167.
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.
Form of assignment, ib.
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

lives, ib.
The poor person is not to be sent without sufficient reason, ib.
The poor person must be chargeable, 171.
The order may be retiospective, ib.
It

may be enforced by indictment, or the penalty may be levied, ib.
An appeal lies against it, ib.

[ocr errors][ocr errors]

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.
The act applies to runaways only, 174.
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.
A mother asking relief for her child, is not bound to go to a workhouse, 193.
Poor to be maintained where they live, 175.
Except bastards being nurse children, ib.
Overseers must endeavour to find work, ib.

may set up a trade, 184.

may purchase or rent 20 acres of land, and employ the poor on it, or
let it to them, 176, 177.
Relief by way of loan authorized, 180.
Money may be advanced by government if required, by majority of parish in

number, and three quarters in value, 177.
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.
Weekly payments are due at the beginning of the week, ib.
It must be necessary relief, and for medical aid, ib.
No appeal lies against it, 190.
Poor-bouses. See Poor-Houses.
Overseers may contract for the employment and maintenance of the poor, 185.
The contractor must live in the parish, 186.
Notice of intended contracts to be given, 187.
Relief may be withheld from persons refusing to go into workhouse, 187, 188.
In certain cases they may be relieved at their own houses, 194.
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

there, 699, 700.
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-

ment in the relieving parish, 702, 858.
Single instance not conclusive, 703.
Removal, Order of, Non-Appeal against, 144.
Order of removal unappealed against, is conclusive against all the world, 703,

704. 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.
49 Geo. III.c. 124–709, 710, 711.
5 Geo. IV. c. 83, s. 1, 2–711.

[ocr errors]
« PreviousContinue »