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and overseers of the poor of the parish of in the county of for II. Forms the relief of the poor of the said parish, for the half year commencing (or as the relating to poor case is, ) and the said rate was, on the

day of duly allowed (a) rates. by A. B. and C. D., esquires, two of his Majesty's justices of the peace of, and acting in and for the division (county or hundred] of

in the said county of pursuant to the statute in that case made and provided.

L. M. 2
N. 0.3

on

Published in the parish church of the parish of

the day of in the year of our Lord one thousand eight hundred and thirty-one.

G. H., Minister.

30. Attestation by the minister.

This is to give notice, that a rate or assessment of one shilling in the pound 31. Another will be collected forthwith.

more concise Published in the parish church of the parish of

form ; held suffiday of one thousand eight hundred and thirty-one.

cient, in 7 B. M. O., Minister. & C. 588.

on the

on

Whereas a rate or assessment, for the relief of the poor in and for the parish 32. Demand of of in the county of was made (or published") on the

inspection of day of last past : And whereas I am (or “ A. B. of

is"] an rate, and of a inhabitant of the said parish: Now, therefore, I do hereby demand and require copy thereof, of you, the churchwardens and overseers of the poor of the said parish, and each under stat. 17 and every of you, permission to inspect the said rate at the hour of

Geo. 2, c. 3, s. next, or at any other seasonable time you may appoint, within

2 (b). days from the date hereof ; and I hereby tender and offer to pay you one shilling for the same: And I hereby demand and require you forthwith to give me, so being such inhabitant as aforesaid, a copy of the said rate, and I am ready and willing, and hereby tender and offer, to pay for such copy at the rate of sixpence for every twenty-four names contained therein. Dated this

day of in the year of our Lord one thousand eight hundred and thirty-one.

A. B.

An inhabitant of the said parish.
To the churchwardens and overseers

of the poor of the said parish, and
all other persons authorized in the
said parish, according to the statute
17 Geo. 11. c. 3.

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33. Declaration [See the precedents, 2 Chitty on Pleading, 5 Ed. 504; and notes, 3 B.

for the twenty f. C.658; 5 DS.R. 572; 7 B. &. C.586; 6 Bing. 230; 3 Young & Jarvis, pounds' penalty 458.]

for not permitting inspection or giving copy

of a rate. To A. B. & C. D. the churchwardens, and E. F. & G. H. the overseers of the 34. The usual poor of the parish of in the county of

poor rate to the

And also to 1. K., notice of apL. M., N. 0., & P. Q.

peal against a I, A. B. of being an inhabitant of, and in the said parish, and rated churchwardens in and by the rate or assessment hereinafter mentioned, do hereby give you and and overseers,

and to persons

underrated, &c. (a) It need not state that the rate has 41 Geo. III. c. 23, ante, 142. Several (c). been allowed. Bennett v. Edwards, 7 persons may join. The first act, sect. 4, B. & C. 586. See next form.

requires reasonable notice to the church(b) See this statute and cases, ante, wardens or overseers of the poor, of in134 to 139.

tention to appeal to the next general or (c) See form, ante, 154. Notices of quarter sessions. This is construed at appeal against a poor rate are regulated least a week's notice, ante, 147,8. The 41 by 17 Geo. II. c. 38, ante, 140, and by Geo. III. c. 23, s. 4, requires that the

1

Tates.

II. Forms each and every one of you notice that I intend to appeal, and shall appeal at relating to poor the next general quarter sessions of the peace, to be holden at in and for the county of Surrey, on

the

day of nert, against a rate or assessment intituled, (here insert the title of the rate) and that my causes and grounds of appeal against and objections to the said rate or assessment are as follows, (that is to say) 1st. Because, &c. (here state grounds of appeal] (a).

And also for that I am overrated and assessed in too large a sum of monry in the said rate or assessment, for the several premises in my occupation in the said parish ; and also for that the said rate or assessment is in other respects illegal, unequal, partial, unfair, oppressive, and unjust. Dated this day of in the year of our Lord one thousand eight hundred and thirty-one.

R. S. (b).

35. Notice of appeal against poor rates made under local acts, and directed to churchwardens and overseers, and several private individuals.

To the Churchwardens and Overseers of the Poor, and V'estry-men, of the parishes

of Saint Margaret and Saint John the Evangelist; and to Messrs. A. B. and C. D. ; Messrs. John Elliott, Esq., and Company, J. Goding, &c. (Here : great many persons were named.]

I do hereby on the part and behalf of the Gas Light and Coke Company, and as their attorney give you notice, that they intend at the next general quartet sessions of the peace to be holden at the Guildhall, in and for the city of Westminster and liberties thereof, on Thursday the twenty-first day of October, instant, to enter and prosecute an appeal against a rate or assessment, purporting to be made on the twenty-fifth day of May, in the year of our Lord one thousand ciok! hundred and thirty, pursuant to the directions of an acl of parliament, made and passed in the twenty-fifth year of the reign of his late majesty George the Second, intituled, An act for the better relief and employment of the post in the parishes of Saint Margaret and Saint John the Evangelist, in the city of Westminster ; and for cleansing the streets and repairing the highways within the said parishes," and purporting to be an equal pound rate or assessment, for the relief of the poor, repair of the highways, and cleansing the streets in the said parishes of Saint Margaretand Saint John the Evangelist, in the city of Westminster, upon all and every the person and persons who inhabit, hold, occupy, or enjing any land, house, shop, wharf, warehouse, or other building within the sun parishes, or either of them, or any other person or persons who by law are chargeable and assessable for and towards the relief of the poor within the said parishes, pursuant to the before mentioned act. And, whereas, the said Gas Light and Coke Company in and by the said rate or assessment, are rated as occupiers in the following form.

The Gas Light and Coke Company for land, house, warehouses, and buildings, situate in the Horseferry Road, in the said parish of Saint John the Evangelist, and the mains or pipes and other apparatus for the conveyance of gas belonging to the said company, situate being and fixed in the ground in the said parishes of Saint Margaret and Saint John the Evangelist, at the annual value of five hundred pounds, each instalment two hundred and fifty pounds.

And, whereas, the said Gas Light and Coke Company, in pursuance of the provisions of the above mentioned statute, paid the said rate or assessment twenty-five pounds, on the twenty-first day of July, in the year of our Lord om thousand eight hundred and thirty, to the person duly authorized to receive the same ; 1, as the attorney of the said Gas Light and Coke Company, do further give you and each of you notice on their behalf, that they find themselves aggrieved by the said rate or assessment, and that the grounds and causes of their appeal are,

1st. That there is no sePARATE assessment upon the land, house, warehouses,

ticular causes or grounds of appeal shall sessment was made, still the objections
be stated or specified in the notice. The must be stated in the notice, ante, 147.
6th section requires notice of appeal to (See grounds of appeal stated in the
be given, not only to the churchwardens notices of trial, post, 779 to 884.)
or overseers, but also to the persons in. (b) The 41 Geo. III, c. 23, s. 4, es-
terested or concerned in the event of such pressly requires that the notice shall be
appeal. Section 5 provides how the want signed by the person or persons giving
of notice may be waived, ante, 142. the same, or his, her, or tbeir attorney,

(a) See note (a). Although the rate on his, her, or their behalf, and shall be may be bad, for not stating on the face left at the place of abode of the church. of it in respect of what property the as- wardens and overseers, or any two of them.

rates,

and buildings, situate in the Horseferry Road, distinct from the assessment on 11. Forms the said mains or pipes and other apparatus, so that they are unable to ascer. relating to poor tain on what sum they are assessed for the said land, house, warehouses, and buildings, and on what sums they are assessed for the said mains or pipes, and other apparatus.

2nd. That they are not liable to be rated or assessed for the said mains or pipes and other apparatus, as being fixed in the ground in the said parishes of Saint Margaret and Saint John the Evangelist, inasmuch as they have no title or interest to, or in the said ground, otherwise than the privilege of laying their mains or pipes and other apparatus under the surface thereof.

3rd. That they are not liable to be rated or assessed for the said mains or pipes and other apparatus in the conveyance of gas, inasmuch as the said mains or pipes and other apparatus form part of their stock in trade, and the said Gas Light and Coke Company are not resident inhabitants of the said parishes of Saint Margaret and Saint John the Evangelist, or either of them.

4th. That they are not liable to be rated or assessed for the said mains or pipes and other apparatus, inasmuch as the said mains or pipes and other appatus forming part of their stock in trade, they are rated for their stock in trade, and not for the profits arising therefrom.

5th. And further, that if the said rate or assessment of five thousand pounds, is meant to be an assessment upon the value of the said land, house, warehouses, and buildings, and upon the profits arising from the said mains or pipes, and other apparatus for the conveyance of Gas, the said sum of five thousand pounds greatly exceeds the fair annual value of the same.

6th. And further, that if the said rate or assessment of five thousand pounds, is meant to be an assessment upon the value of the said land, house, warehouses, and buildings, and in respect of the occupation of land by the said Company, by their said mains, pipes, and other apparatus for the conveyance of gas, and also upon the profits arising from the said mains, pipes, and other apparatus for the conveyance of Gas, the said sum of five thousand poundsgreatly exceeds the fair annual value of the said land, house, warehouses, and buildings, and the occupation of the said land by the said company, by the said mains, pipes, and other apparatus for the conveyance of Gas, and the annual amount of the said profits added together.

7th. And further, that the said rate or assessment of five thousand pounds, greatly exceeds the annual value of the said land, house, warehouses, and build. ings, and of the said mains or pipes, and other apparatus.

8th. And further, that the inhabitants of the said several parishes of Saint Margaret and Saint John the Evangelist, exercising trades, businesses and other concerns, in the said parishes, and having stock in trade in the said parishes, and who derive a profit from such their several trades, businesses, and concerns, these are not rated and assessed in the said rate for and in respect of the profits of such their said trades, businesses, and concerns, and upon their several stocks in trade there.

9th. And further, that the following inhabitants of the said parishes of Saint Margaret and Saint John the Evangelist, are not rated and assessed in the said rate, for the profits of their trades, businesses, and concerns, carried on in the said parishes, and upon their several stocks in trade there, (that is to say] Messrs, Seager, Evans and Stafford, distillers, are rated in the said rate for their house and distillery, in the said parish of Saint John the Evangelist, of two hundred and fifty pounds, but are not rated in the said rate, for and in respect of the profits made in their business or concerns of distillers, nor for their ma. chinery, utensils, and other apparatus, nor for their stock in trade of their distillery, in the said parishes. J. Elliott, Esq. of Company, brewers, are rated in the said rate for their house, fc., [here the same description was repeated as to Seager & Co.) and as to a great many other firms and individuals, in the terms stated respecting Messrs. Seager & Co., shewing in substance that they were rated in respect of their buildings, but not in respect of their profits in trade.

Then followed a numerous list of tradesmen and manufacturers, who alleged as objections to the rate, they were not rated in respect of their implements of trade, &c., viz.-G. Boys, coal merchant, &c. Also that the said Gas Light and Coke Company are in the said rate or assessment over-rated, in respect of the yearly value of the said land, house, warehouses, and buildings, mains or pipes, and other apparatus, according to the principle of rating adopted in the said parishes of Saint Margaret and Saint John the Evangelist, by assessing a certain proportion only of the real annual value of rateable property in those parishes. Also, that the said rate is in other respects partial, unjust, and

rutes.

II. Forms illegal. And further take notice, that you are to produce at the time of hearing relating to poor this appeal, the said rate, purporting to have been made on the 25th day of May,

1830, as aforesaid. And also, all the rates or assessments made for the relief of the poor, repair of the highways, and cleansing the streets of the said secera parishes, since the year 1828. Dated the 6th day of October, 1830.

Your's, &c.

A. B. C. D. ge. Attorney for the appellants, the Gas Light and Gas Company. N. B. On hearing the appeal, the sessions confirmed the rate.

36. Petition of To the Worshipful His Majesty's Justices of the Peace, in and for the county of appeal against a

in their general quarter sessions of the peace, assembled. poor's rate (a). The Petition and Appeal of A. B., an inhabitant, assessed to the poor's rate of the parish of

in the said county.
Sheweth,
That a rate or assessment was made on or about the

day of last past, and published (or said to be published) in the church of the said parish on or about Sunday, the

day of past, by the churchwardens and overseers of the poor of the said parish, and ja other the purposes therein mentioned, by virtue whereof your petitioner and other inhabitants of the said parish, are charged and assessed in direts large sums of money for the purposes aforesaid.

That your petitioner is in and by the said rate assessed for the rateable prsperty occupied by him in the said parish, at a larger sum of money than he ought to be assessed at, in respect of the annual value of the same; and also that point petitioner (state the other causes of appeal, as in the notice).

That the names of E. F. and G. H., persons occupying rateable property is the said parish, are omitted in the said rate or assessment, and are not charged or assessed in the said rate for two messuages, tenements, or direlling-hausting which they respectively occupy within the said parish of

Your petitioner, therefore, conceiving himself to be aggriered by the said robe or assessment, doth hereby appeal to your worships against the same, and requests that a day may be appointed, in this present session, for the hearing and determining the said appeal, and that you will thereupon quash the said rate or alter and amend the same in such manner, and grant to your petitioner sach relief in the premises, as to you shall seem meet. And your petitioner will pray, fc.

E. F., Solicitor to the Petitioner.

37. Order for hearing appeal, appointing time, &c.

At the general quarter sessions of the peace, of our lord the king, holden in and for the county of

at the sessions-house for
to uit.
the said county, on

the
day of

in the
year of the reign of our sovereign lord George the Fourth, by the grace of Goch
of the United Kingdom of Great Britain and Ireland, King, Defender of the
Faith, and in the year of our Lord one thousand eight hundred and

It is ordered by this court, that the churchuardens and overseers of the part of the parish of in this county, have notice of the within appeal, and that they and all persons concerned do attend this court at the sessions-house u foresaid, on

day of

instant, at the hour of nine in the forenoon of the same day, to hear and abide the judgment and deler mination of the said court, touching the said appeal.

By the Court,

SS

next, the

(a) This petition and the following being deemed sufficient; and semble, that order are required on an appeal in the as an appeal is matter of right, there can county of Middleser. In most counties be no ground, in any case, to require a the petition is dispensed with, the entry petition. of the appeal with the clerk of the peace

county of

On

To the Churchwardens and Overseers of the Poor of the parish of

in the II. Forms and also to

relating to poor

rutes. Take notice that

and

inhabitants and occupiers of messuages, lands, tenements, and hereditaments in the said parish of and rated as 38. Notice of such in the rate or assessment hereinafter mentioned, do intend, at the next trial of an apgeneral quarter sessions of the peace, to be holden at in and for the said peal against county of

the

day of to prosecute, and try an poor's rate, appeal entered at the general quarter sessions of the peace, holden at

which appeal aforesaid, on

the

day of and there respited by the jus- had been sevelices until the then next sessions ; and which appeal has been further respited from ral times ressessions to sessions, until the said sessions, to be holden on the said day pited.

against a rate or assessment, intituled, An assessment, &c.," and allowed by

and

two of the justices of the peace in and for the said county, on the day of the grounds of which said appeal are fully set forth and declared in the notice thereof, under my hand, bearing date the

day of
Dated this
day of

A. B.,
Altorney for the above named

the appellants.

county of

on

in the year

persons either

day

To the Churchwardens and Overseers of the Poor of the parish of in the 39. A full no

and also to E. F., esquire, G. H., 1. K., L. M., N. O., tice, by several P. Q., (naming several others.]

persons, of proTake notice, that A. B., and C. D., inhabitants and occupiers of messuages,

secuting an aplands, tenements, and hereditaments, in the said parish of and rated as

peal against a such in the rate or assessment hereinafter mentioned, do intend, at the next poor's rate, general quarter sessions of the peace, to be holden at in and for the said

stating several county of the day of this instant, to prosecute an

objections, to

be served on appeal entered at the last general quarter sessions of the peace, holden at aforesaid, on

the church-
the
day of

last past, and there respited by wardens and the justices until the then next sessions, against a rate or assessment, intituled, an assessment for the necessary relief of the poor, and for the other purposes also on certain

overseers, and in the several acts of parliament mentioned relating to the poor, for the parish of in the county of made and assessed on the

day of

not rated or unbeing the second rate at one shilling in the pound,” derrated. and allowed by the reverend

and the reverend clerks, two of his Majesty's justices of the peace in and for the said county, on the of one thousand eight hundred and thirty-one.

And the grounds of such appeal are, that it is not sufficiently distinguished, and doth not appear in and by the said rate or assessment, in respect of what property the said rate is made and assessed upon the said A. B. and C. D., and upon the said G. H., 1. K., fc., and other inhabitants and occupiers in the said parish.

And because the said rate is not made from any correct, fair, and impartial estimate of the property assessed, with reference to the difference in value, quality, situation, and other particulars, but is throughout erroneous and defective in principle.

And because the said A. B. and C. D., are by the said rate assessed for the messuages, lands, tenements, and premises, occupied by them respectively, in the said parish of with reference to the annual value of the same, at larger sums than they ought to be assessed at, in comparison with the sums at which the said G. H., I. K., &c., are by the said rate severally assessed for the messuages, lands, tenements, and premises in their occupations, with reference to the annual value thereof respectively.

And because the said G. H., I. K., &c., are by the said rate severally assessed for the messuages, lands, tenements, and premises in their respective occupations, at less sums, and in a different proportion than they ought to be assessed, in comparison with the sums at which the said A. B. and C. D., and other inhabitants and occupiers are assessed for the messuages, lande, tenements, and premises in their respective occupations in the said parish.

And because the said A. B. is rated and assessed for a larger quantity of land than is in his occupation in the said parish, and for a certain plantation which is not rateable properly.

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