No. I.

12 Geo. II.

c. 29.

Counties excepted from

paying the Rate of this Act out

of the Poor's Rate.

Proviso in fa

vour of Places heretofore not

paying County Rates.

High Consta

bles to pay the Monies to the Treasurers appointed by the Quarter Sessions,

place which the said justices of the peace or the greater part of them in their sessions shall order and direct. (2.)

IV. And whereas it will be very inconvenient to many towns parishes and places in the several counties of York Derby Durham Lancaster Chester Westmoreland Cumberland and Northumberland, that the rates by this Act directed to be paid by and levied on the churchwardens ⚫ and overseers of the poor for the purposes aforesaid should be paid out of any rate to be made for the relief of the poor in such towns parishes and places;' Be it therefore enacted by the authority aforesaid, That it shall and may be lawful to and for the justices of the peace for the respective ridings divisions or counties of York Derby Durham Lancaster Chester Westmorland Cumberland and Northumberland at their respective general or quarter sessions, or the greatest part of them then and there assembled, if they shall think convenient, to order the sum of money directed to be assessed on any such town parish or place for all or any of the purposes of this Act to be paid by and levied on the petty constable of or for any such town parish or place within the said counties respectively, in such manner as the same is herein directed to be paid and levied in cases where no rate is made for the relief of the poor; any thing herein contained or any law usage or custom to the contrary notwithstanding. V. Provided always and be it enacted by the authority aforesaid, That this Act or any thing herein contained shall not extend or be construed to extend to make any persons liberties divisions or places liable to pay to any rate to be made in pursuance of this Act, to which such person liberty division or place did not or was not liable to contribute before the passing hereof; but that it shall and may be lawful to and for the justices of the peace at their respective general or quarter sessions, or the greater part of them then and there assembled, to order and ascertain what proportion of any rate to be made by virtue of this Act shall be assessed on and paid by the several persons liberties divisions and places who have usually contributed or are liable to pay only to one or more of and not to all the rates hereby intended to be raised and thrown into one general rate or assessment.

VI. And be it further enacted by the authority aforesaid, That the respective high constables shall and they are hereby required at or before the next general or quarter sessions respectively, after they or any of them shall have received such sum or sums of money, to pay the same into the hands of such person or persons (being resident in any such county riding division city liberty or place where such rates shall be respectively made) whom the said justices shall at their respective general or quarter sessions, or the greater part of them then and there assembled, appoint to be the treasurer or treasurers (which treasurer or treasurers they are hereby authorised and empowered to nominate and appoint), such treasurer or treasurers first giving sufficient security in such sums as shall be approved of by the said Justices at their respective general or quarter sessions, or the greater part of them then and there assembled, to be accountable for the several and respective sums of money which shall be respectively paid to them in pursuance of this Act, and to pay such sum or sums of money as shall be ordered to be paid by the justices in their general or quarter sessions, and for the due and faithful executions of the

(2.) Where, before the Stat. 12 Geo. 2. c. 29. the County Rates had been assessed upon the entire district or place of Hartishead with Clifton; but the two townships of H. & C. separately maintained their own poor, and were used to contribute towards the County Rates in certain fixed proportions between themselves; yet, as that Statute only establishes the accustomed proportion of contribution to the County Rates as between the entire districts which were before assessed to such Rates within the limits of the respective Counties, &c. and does not meddle with the proportions which had used to be observed as

between the subdivisions of those districts, this case was by the Court held to fall within the third section, which provides that where there is no poor's rate in the parish, township, or place assessed to the County Rates (by which must be understood no entire poor's rate co-extensive with the place or district assessed to the County Rates) the County Rates shall be raised by the petty constables in such manner as by law the poor's rate is to be assessed and levied; that is, by an equal rate on all the inhabitants, &c. Rex v. West Riding of Yorkshire (Justices), 12 E. R. 117.

No. I.

12 Geo, II.

c. 29.

trusts reposed in him or them; and all and every such sum or sums of money as shall be paid into his or their hands by virtue of and in pursuance of this Act shall be deemed and taken to be the publick stock; and the said treasurer or treasurers shall and are hereby required to pay so much of the money in their hands to such person and persons as the said justices at their respective general or quarter sessions, or the greater part of them then and there assembled, shall by their orders from time and they to to time direct and appoint, for the uses and purposes of the said recited whom the Jus. Acts, and for any other uses (3.) and purposes to which the publick stock of any county city riding division or liberty is or shall be applicable by law.

tices shall di

rect.

VII. And be it further enacted by the authority aforesaid, That the Treasurers to said respective treasurer or treasurers shall and are hereby required to keep Books of keep books of entries of the several sums respectively received and paid Entries, and acby him or them in pursuance of this Act; and is and are also hereby re- count upon quired to deliver in true and exact accounts upon oath if required (which Oath. oath the said justices at their respective general or quarter sessions are hereby empowered to administer) of all and every the sum and sums of money respectively received and paid by him or them, distinguishing the particular uses to which such sum or sums of money have been applied, to the justices at every general or quarter sessions respectively to be holden within the limits of their commissions; and shall lay before the justices at such sessions the proper vouchers for the same.

VIII. And be it further enacted by the authority aforesaid, That the High Constarespective high constables shall and they are hereby required to demand bles' Charge. and levy such rates and assessments in manner before directed, and shall account for the same before the said justices at their respective general or quarter sessions if thereunto required, in the like manner as the said treasurer or treasurers is and are hereby directed to account; and in case such high constables or any of them shall neglect or refuse so to demand levy or account, then it shall and may be lawful to and for the said justices at their respective general or quarter sessions or the greater part of them then and there assembled, to commit such high constable or high constables to the common gaol of the county riding division city town corporate liberty or place, there to remain without bail or mainprize until he or they shall have caused such rates or assessments to be demanded or levied, and shall have rendered a true account or accounts in the manner hereby directed; and in case it shall appear by such account or accounts that any sum or sums of money is or are remaining in Penalty on Dehis or their hands, which he or they shall have received of the respective fault. churchwardens and overseers or other persons which ought to have been paid to the respective treasurer or treasurers at the time or times limited by this Act, or of the respective treasurer or treasurers, in order to be applied to the purposes aforesaid; and if he or they shall neglect or refuse to pay the same over into the hands of the respective treasurer or treasurers, or otherwise if thereunto required by order of the said justices at their respective general or quarter sessions, or the greater part of them then and there assembled; then it shall and may be lawful for the the said justices at such their general or quarter sessions, or the greater part of them then and there assembled, to commit such high constable or high constables to the common gaol of the county riding division city town corporate liberty or place, there to remain without bail or mainprize until he or they shall have made full payment of the sum or sums of money that shall appear to be due on such account or accounts; and all the accounts and vouchers of the said treasurers and high constables Vouchers to be shall, after having been passed by the said justices at their respective kept among the general or quarter sessions, be deposited with the clerk of the peace for Records of the the time being of each county respectively, or the town clerk high bailiff County, &c.

(3.) The Sessions may order Money to be paid out of the County Rate to defend the County, in litigating a fine imposed on them: Rex v. Inhab, of Essex, 4 T. R. 591; not for the

expences of a Prosecution for a Misdemeanor, carried on under the direction of Justices of the County: R. v. West Riding of York, 7 T. R. 377.

No. I.

or chief officer of any city town corporate or liberty, who is and are hereby required to keep them among the records of such county city 12 Geo. II. town corporate or liberty, to be inspected from time to time by any of the said justices within the limits of their commissions as occasion shall require without fee or reward.

c. 29.

What shall be their respective Discharge.

The Condition on which new

Rates are to be

made.

Will of the

Quarter Sessions.

IX. And be it further enacted by the authority aforesaid, That the receipts of such respective treasurer or treasurers shall be sufficient discharges to all high constables; and the discharges of the said justices of the peace or the greater part of them by their orders made at their respective general quarter sessions to such treasurer or treasurers shall be deemed and allowed as good and sufficient releases acquittances or discharges in any court of law or equity to all intents and purposes what

soever.

X. And be it further enacted by the authority aforesaid, That no new rate shall be made until it shall appear to the said justices at their respective general or quarter sessions, or the greater part of them then and there assembled, by the accounts of their respective treasurer or treasurers or otherwise, that three-fourths of the money collected by virtue of the preceding rate have been expended for the uses and purposes aforesaid.

Treasurer to be XI. And be it further enacted by the authority aforesaid, That it shall continued or and may be lawful to and for the said justices of the peace at their reremoved at the spective general or quarter sessions, or the greater part of them then and there assembled, to continue from time to time such treasurer or treasurers in his or their office or offices so long as they shall see convenient, and to remove him or them at their pleasure, and appoint any other person or persons in his or their place: and to allow to him or them and every of them insisting on the same such reasonable sum or sums of money for his or their care and pains in the execution of such trust, not exceeding twenty pounds by the year, as they in their discretions shall think fit; which they are hereby empowered to direct the payment of out of the monies arising by the respective rates hereby appointed to be made.

Parishes overrated to appeal.

No Repairs of Bridges, &c. but upon Present

ments of the Grand Jury.

Justices to con

tract with Persons for public Repairs;

XII. And be it further enacted by the authority aforesaid, That in case the churchwardens and overseers of any parish or place shall at any time have reason to believe the said parish or place is over-rated, such churchwardens and overseers may appeal to the respective justices of the peace at the next general or quarter sessions against such part of the rate only as may affect the parishes or places in which they serve such offices; which justices or the greater part of them then and there assembled are hereby authorised and empowered to hear and finally determine the same: Provided nevertheless, That upon such appeal such rate shall not be quashed or destroyed in regard to any other parishes or places assessed thereby.

XIII. And be it further enacted by the authority aforesaid, That no part of the money to be raised and collected in pursuance of this Act shall be applied to the repair of any bridges gaols prisons or houses of correction, until presentments be made by the respective grand juries at the assize great sessions general gaol delivery or general or quarter sessions of the peace held for any county riding division city town corporate or liberty, of the insufficiency inconveniency or want of reparation of their bridges gaols prisons or houses of correction.

XIV. And be it further enacted by the authority aforesaid, That from and after the first day of June one thousand seven hundred and thirtynine, when any publick bridges ramparts banks or cops or other works are to be repaired at the expence of any county city riding hundred division liberty or town corporate; it shall and may be lawful to and for the justices of the peace at their general or quarter sessions respectively, or the greater part of them then and there assembled, if they think proper and convenient after presentment to be made as aforesaid of the want of reparation of such bridges ramparts banks or cops, to contract and agree with any person or persons for rebuilding repairing and amending of such bridges ramparts banks or cops as shall be within their respective coun

No. I.

12 Geo. II.

c. 29.

ties cities ridings hundreds divisions liberties or towns corporate, and all other works which are to be repaired and done by assessment on the respective counties cities ridings hundreds divisions liberties or towns corporate, for any term or terms of years not exceeding seven years, at a certain annual sum payment or allowance for the same; such contractor or contractors giving sufficient security for the due performance thereof, to the respective clerk of the peace for the time being, or the town clerk high bailiff or chief officer of any city town corporate or liberty; and that upon public Nosuch justices at their respective general or quarter sessions shall give pub- tice. lick notice of their intention of contracting with any person or persons for rebuilding repairing and amending the bridges ramparts banks or cops and other works aforesaid; and that such contracts shall be made at the most reasonable price or prices which shall be proposed by such contractors respectively; and that all contracts when agreed to, and all orders relating thereto shall be entered in a book, to be kept by the respective clerk of the peace for the time being, or the town clerk high bailiff or chief officer of any city town corporate or liberty for that purpose; who is and are hereby required to keep them amongst the records of such county city town corporate or liberty, to be from time to time inspected at all seasonable times by any of the said justices within the limits of their commissions, and by any person or persons employed or to be employed by any parish township or place contributing to the purposes of this Act, without fee or reward.

XV. And it is hereby further enacted, That there shall be but one Justices to rate made and assessed by the justices of the peace of the county of Mid- make but one. dlesex in the said county city and liberty of Westminster for the several Rate for Midpurposes aforesaid, and for the repair of the gaol commonly called New dlesex. Prison in the said county of Middlesex.

XVI. Provided nevertheless, That the justices of the peace for the Proviso as to city and liberty of Westminster at their general or quarter sessions to be the House of holden for the same city or liberty, or the greater part of them then and Correction at there assembled, shall have full power to appoint the governor or master Westminster. of the house of correction within the said city or liberty; who shall have such sum of money yearly as hath been accustomed for and towards the support and maintenance of the prisoners in his custody, who shall be sick or unable to work (not exceeding the present allowance of fifty pounds by the year) and direct the repairs and management thereof as they heretofore have done; and the treasurer or treasurers of the money arising by the rates in the said county of Middlesex and city and liberty of Westminster, hereby appointed to be collected, shall and is and are hereby required to obey all orders which shall from time to time be made by the said justices of the city and liberty, or the greater part of them then and there assembled at their general or quarter sessions, for the payment of any sum or sums of money for the allowance allotted to such governor or master of the house of correction and the repairs thereof; which orders shall be good and sufficient discharges to such treasurer or treasurers; any thing herein contained to the contrary thereof in any wise notwithstanding.

XVII. And be it further enacted by the authority aforesaid, That the Justices empow justices of the peace at their respective general or quarter sessions, or the ered to oblige greater part of them then and there assembled, shall be and are hereby Collectors to empowered to oblige by their order or orders the respective high consta- account, bles and petty constables, or any other person or persons who are or have been empowered to levy collect or receive any sum or sums of money by virtue of and for the purposes aforesaid, and who have any sum or sums of money in their hands, to account with them at their general or quarter sessions in such manner as high constables are directed to account by virtue of this Act; and in case such high constables or petty constables or other person or persons shall refuse to account or to pay over the money that shall remain in their or any of their hands, when thereunto required by order of the said justices or the greater part of them in their respective general or quarter sessions assembled; in either of the said cases the said justices shall have the like remedy against them or any of

No. I.

12 Geo. II. c. 29.

and to order the Monies unapplied to be paid to the Trea

surer.

No Action

against Persons collecting on Rates discharged by Certiorari, &c.

them, as they have against the high constables by virtue of this Act, for not accounting for or paying over the money remaining in their hands: And it shall and may be lawful to and for the said justices at their respective general or quarter sessions, or the greater part of them then and there assembled, and they are hereby empowered to direct and order the payment of the respective sums of money which shall appear to be remaining due and not applied or disposed of into the hands of the respective treasurer or treasurers to be appointed by this Act; which shall be deemed to be part of the stock of the said counties cities ridings divisions liberties or places respectively; and to inquire what sums of money are due and owing for the purposes aforesaid: and then to order the payment of such sums as shall appear to them upon such inquiry to be justly due and owing.

XVIII. And be it further enacted by the authority aforesaid, That no action or suit shall be commenced or prosecuted against any person or persons who has or have been or shall be employed in the collecting or receiving any money in pursuance of the said recited Acts or this present Act, on any rate or rates which has or have been or shall be quashed or discharged on any certiorari brought or to be brought in any of his Majesty's courts of record at Westminster or otherwise for any money collected or received or to be collected or received on any such rate or rates before such writ of certiorari was or shall be brought and allowed; but the Persons and that justice may be done to such persons who shall or may pay toover-rated to be wards any rate which shall be quashed or discharged, the several sums of relieved.

Collectors

obliged to Pay

ment.

Certiorari on what Terms is

suable.

money which shall appear to have been paid by them on such rate either in whole or in part more than they ought to have paid shall be repaid or allowed to them in the next rate or rates which shall be made in pursuance of this Act, as if the same had been paid on such new rate or rates; any thing in any former Act, or any law usage or custom to the contrary thereof in any wise notwithstanding.

XIX. Provided nevertheless, and it is hereby further enacted, That all and every such person and persons so employed or to be employed shall account for and pay over the money by them respectively received, in the same manner and under the like penalties for any neglect or refusal therein as are to be inflicted by virtue of this Act on any person or persons neglecting or refusing to account for or pay over any money remaining in his or their hands, which he or they have received in pursuance thereof; any thing in any of the said recited Acts contained to the contrary thereof in any wise notwithstanding.

XX. And be it further enacted by the authority aforesaid, That the justices of the peace for the said county of Middlesex at their general sessions of the peace to be holden for the said county shall have the same powers and authorities to put this Act in execution as are hereby given them at their general quarter sessions; any thing in this or any former Act, or any law usage or custom to the contrary notwithstanding.

XXI. And be it further enacted by the authority aforesaid, That no writ of certiorari to remove any rates made in pursuance of this Act, or to remove any orders or other proceedings taken or made by the said respective general or quarter sessions touching such rates, shall be taken out or granted but upon a motion to be made some time in the first week of the next term after the time for appealing from such rates or orders is expired, and upon making it appear to the court by affidavit or otherwise that the merits of the question upon such appeal or orders will by such removal come properly in the judgment of the said court; and that no such writ of certiorari shall be allowed until sufficient security be given to the respective treasurer or treasurers appointed by virtue of this Act in the sum of one hundred pounds, to prosecute such writ of certiorari with effect and to pay the costs to be ascertained by the court to which such rates orders or proceedings shall be removed, in case such rates or orders shall be confirmed; nor shall any such rates orders or proceedings be quashed or vacated for want of form only; and all charges attending such removal shall be defrayed out of that or any subsequent rate.