Deduction of Rate from Rent.

If the occupier by whom any private improvement rate is paid holds the premises in respect of which the rate is made, at a rent not less than the rackrent,* he is entitled to three fourths of the amount paid by him on account of the rate from his rent, and if he holds at a rent less than the rackrent, he is entitled to deduct from his rent such proportion of three fourths of the rate as his rent bears to the rackrent.

If the landlord from whose rent any deduction is thus made is himself liable to the payment of rent for the premises in respect of which the deduction is made, and holds them for a term of which less than 20 years is unexpired, he may deduct from his rent such proportion of the sum deducted from the rent payable to him as his rent bears to the rent payable to him, and so in succession as to every landlord (holding for a term of which less than 20 years is unexpired) of the premises both receiving and liable to pay rent for them.

But this will not entitle any one to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him. (11 & 12 Vict. c. 63. s. 91.)

This and the following provision apply also to the rentcharges mentioned on p. 167. (21 & 22 Vict. c. 98. s. 58.)

But at any time before the expiration of the period for which a private improvement rate is made, the owner or occupier of the premises assessed thereto may redeem the same, by paying to the sanitary authority the expenses in respect of which the rate was made, or the part not defrayed by sums already levied in respect thereof. (11 & 12 Vict. c. 63. s. 92.)

Time allowed for Repayment.

In any case in which the sanitary authority have incurred expenses for the repayment of which the owner of the premises for which they have been incurred is liable, they may, if they think fit, allow the owner time for repayment, and receive the money by annual instalments, not being less than one thirtieth part of the entire sum, together with interest at the rate of 5 per cent. upon the sum from time to time remaining unpaid.

But even if time for repayment is allowed, the sum due, or so much of it as is unpaid, is, in case of default in payment at the times appointed, recoverable in the same way as the entire sum might have been recovered if time for repayment had not been allowed. (11 & 12 Vict. c. 63. s. 146.)

Recovery of Expenses from Owner.

If the sanitary authority have incurred expenses for the repayment of which the owner of the premises for which they are

*For definition, see p. 13.

† For definition, see p. 37.

incurred is made liable, either by application of or agreement with the owner, or by the Local Government Acts, the expenses may be recovered from the person who is owner of the premises, when the works are completed, in the manner provided by the Public Health Act, 1848.* The expenses are a charge on the premises in respect of which they were incurred, and they bear interest at the rate of 5 per cent. till payment.

In all summary proceedings for the recovery of expenses incurred in works of private improvement, the time within which such proceedings may be taken must be reckoned from the date of the service of notice of demand. (21 & 22 Vict. c. 98. s. 62.)

When Apportionment on Owner conclusive.

Where the sanitary authority have incurred expenses for the repayment of which the owner of the premises in respect of which they are incurred is liable, and the expenses have been settled and apportioned by the surveyors as payable by the owner, this apportionment is conclusive upon the owner, unless within three months from the time of notice being given by the sanitary authority, or their surveyor, of the amount of the proportion settled by the surveyor to be due from the owner, he by written notice disputes the same. (21 & 22 Vict. c. 98. s. 63.)

Payment of Charges for private Improvements by Instalments.

Expenses incurred by sanitary authority as private improvement expenses, as also the expenses stated in 21 & 22 Vict. c. 98. s. 62., to be a charge on the premises, with interest after the rate of five per cent. may, by order of the sanitary authority, be declared payable by annual instalments, with interest at the same rate during a period not exceeding 30 years, until the whole amount is paid. These instalments and interest, or any part of them may be recovered from the owner or occupier of the premises in the same way as ordinary rates, and may be deducted from the rent of the premises in the proportions allowed in the case of private improvement rates under section 91 of the Public Health Act, 1848.† (24 & 25 Vict. c. 61. s. 23.)

Rentcharges.

If a person advances money for expenses declared to be private improvement expenses, the sanitary authority on being satisfied by the report of their surveyor, or otherwise, that the money advanced has been duly expended, may issue a grant, in the form No. 8, Appendix, p. 233, to this person of a yearly rentcharge issuable out of the premises in respect which the advance has been made, or out of such part of them, specified in the grant, as the sanitary authority think proper and sufficient.

* See "Legal Proceedings," p. 143.
† See p. 166.

This rentcharge is personal estate, and begins to accrue from the day of completion of the works on which the money has been expended, and is payable by equal half-yearly payments during a term not exceeding 30 years, so that the whole sum advanced with the costs of preparing the grant, together with interest thereon respectively, at a rate not exceeding 6 per cent. on the sum from time to time remaining unpaid, may be repaid at the end of the term. But the grantee of the rentcharge has for its recovery all the powers and remedies of the sanitary authority with respect to private improvement rates. And see the provisions as to deduction of proportion of the rate from the rent and the redemption of the rate at p. 166. (21 & 22 Vict. c. 98. s. 58.)

Such rentcharges and transfers of them must be registered in the same way as mortgages of rates and transfers of them. (21 & 22 Vict. c. 98. s. 59.)

See Borrowing Powers, p. 183.

Appeal.

If in any case in which the sanitary authority are empowered to recover any expenses incurred by them in a summary manner, or to declare these expenses private improvement expenses, any person deems himself aggrieved by their decision, he may, within seven days after notice of the decision, address a memorial to the Local Government Board, stating the grounds of his complaint. The Board may make such order in the matter as to them may seem equitable, and the order is conclusive upon the sanitary authority.

If the sanitary authority have proceeded to recover these expenses in a summary manner, the Board may direct them tɔ pay the person proceeded against the sum they consider a just compensation for the loss or grievance sustained by him. (11 & 12 Vict. c. 63. s. 120. ; 21 & 22 Vict. c. 98. s. 65.)

The provisions under the heading of General District Rates as to the following matters also apply to private improvement rates, estimate, description of unknown owner or occupier, amendment of rate, collection and recovery, notice of demand, warrant of distress, reduction or remission of rate, evidence of rate.

WATER RATES.

When premises are supplied with water by the sanitary authority for the purposes of domestic use, cleanliness, or drainage, they must make and levy, in addition to any other rate, a water rate upon the occupier. The rate must be assessed upon the net annual value of the premises, ascertained as before mentioned with respect to the general district rates.*

* See p. 159.

When several houses in the separate occupation of several persons are supplied by one common pipe, the houses must be charged with the payment of water rates, as if each house had been supplied with water by a separate pipe. (11 & 12 Vict. c. 63. s. 93.)

But as to the Oxford or Cambridge district see 11 & 12 Vict. c. 63. s. 93.

Recovery of Water Rates.

Water rates are payable in advance; and when a person supplied with water under the provisions of the Local Government Acts neglects to pay the water rate due from him, upon demand, the sanitary authority may prevent the water from flowing into the premises of the defaulter in the manner they think fit, and they may recover the arrears due, together with the expenses of stopping the supply, in the manner before mentioned with respect to the recovery of rates.*

Stopping or cutting off the supply of water does not relieve a person from any penalty or liability to which he would have been otherwise subject. (11 & 12 Vict. c. 63. s. 94.)

As to Water Supply, see p. 35.

The provisions under the heading of General District Rates, which apply to private improvement rates apply also, except as to estimate, to water rates. See p. 168.

Water Rents.

In districts where no water companies are established, the sanitary authority may make agreements for the supply of water to persons on terms agreed upon. They have the same powers for recovering water rents under these agreements that they have for recovering water rates. (24 & 25 Vict. c. 61. s. 20.)

HIGHWAY RATES.

IN DISTRICTS WHERE NO OTHER MODE OF PROVIDING FOR THE REPAIR OF HIGHWAYS IS DIRECTED BY ANY LOCAL ACT.

Where the whole of the district is rated to public works of paving, water supply, and sewerage, or to works for such of these purposes as are provided for in the district, the cost of repair of highways defrayed out of the general district rate.

Where parts of a district are not rated for works of paving, water supply, and sewerage, or for such of these purposes as have been provided for by rate in the district, the cost of the repair of highways in the same parts is defrayed out of a highway rate separately assessed and levied in the same parts by the sanitary authority as surveyor of highways, and the cost of the repair in the residue of the district is defrayed out of the general district

rate.

* See p. 162.

Where no public works of paving, water supply, and sewerage, are established in the district, the repair of highways in the district is provided for by a highway rate, levied over the whole district by the sanitary authority as surveyors of highways. (21 & 22 Vict. c. 98. s. 37.)

Repair of Highways in parts of Places not included in the District.

Where part of township, or place not within an urban sanitary district, (which part is herein-after referred to as "the excluded part,") was, before the Local Government Acts* came into force in the district, liable to contribute to the highway rates for the township or place, the excluded part, for all purposes connected with the repairs of highways and the payment of highway rates, is treated as forming part of the district. (24 & 25 Vict. c. 61. s. 9.)

A meeting of the ratepayers of the excluded part convened and conducted in the manner prescribed as to meetings for the adoption of the Local Government Acts (see p. 222) may decide that the excluded part be formed into a separate highway district, and thereupon the excluded part must be for all purposes connected with highways, surveyors of highways, and highway rates, treated as a township maintaining its own highways.

The requisition for holding this meeting must be presented within six calendar months after the adoption of the Local Government Acts.

These provisions as to an excluded part do not apply to districts constituted under the Public Health Act, 1848, including a part only of any parish, township, or place which before the constitution of the district maintained its own highways.

In these districts the inhabitants are not in respect of any property situate therein liable to the payment of highway rate or other payment, not being a toll, in respect of making or repairing roads or highways within any parish, township, or place, or part of any parish, township, or place, situate beyond the limits of the district. (24 & 25 Vict. c. 61. s. 9.; 11 & 12 Vict. c. 63. s. 117.)

Sanitary Authority Surveyors of Highways.

The sanitary authority have, within the limits of their district, exclusively of any other person, all the powers, authorities, duties, and liabilities of any surveyor of highways in England by virtue of his office by the laws in force for the time being, except in so far as their powers, duties, or authorities are inconsistent with the provisions of the Local Government Acts.* (11 & 12 Vict. c. 63. s. 117.)

* For definition, see p. 32.