No. I. 12 Geo. II. c. 29. XXII. And be it further enacted by the authority aforesaid, That so much of the before-recited Act passed in the fourteenth year of the reign of Queen ELIZABETH as relates to the method of taxing parishes for the relief of prisoners, and so much of the said Act of the forty-third year of the same reign as relates to the method of raising money for the King's Bench and Marshalsea prisons hospital and alms-houses, and so much of Part o 14 and the said Act of the nineteenth year of the reign of King CHARLES the 43 Eliz. and 19 Second as relates to the method of rating parishes for providing materials Car. 2. repealed. for the setting poor prisoners on work, shall be repealed and be absolutely null and void. XXIII. Provided nevertheless, That such sums as have been annually Manner of the paid to the King's Bench and Marshalsea prisons shall be paid out of the Payment of the monies arising by virtue of this Act, at such times and in such manner King's Bench as is prescribed in and by an Act passed in the eleventh year of the reign and Marshalsea of his present Majesty, intituled An Act for the more effectual securing the Money. Payments of certain Sums of Money, directed by an Act made in the forty- 11 G. 2. c. 20.. third Year of the Reign of Queen ELIZABETH, intituled An Act for the Relief of the Poor, to be paid by the respective treasurers of every county of England and Wales for the relief of the poor, to be paid by the respective treasurers of every county of England and Wales for the relief of the poor prisoners of the King's Bench and Marshalsea prisons; and such money as shall be judged necessary by the justices of the peace in sessions to be applied in pursuance of the said recited Act of the fourteenth year of the reign of Queen ELIZABETH, for the relief of prisoners, and of the said Act of the nineteenth year of the reign of King CHARLES the Second for providing materials for the setting poor prisoners on work, shall be paid out of the monies arising by this Act. XXIV. And be it further enacted by the authority aforesaid, That if Limitation of any action or suit shall be commenced against any person or persons for Actions. any thing that shall be done in pursuance or by the authority of this present Act, in every such case the action or suit shall be commenced within three months next after the fact committed and not afterwards, and shall be laid and brought in the respective county in which the cause of action or suit shall arise and not elsewhere; and the defendant or defendants in such action or suit to be brought shall and may plead the general issue General Issue. and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear so to be done or that such action or actions shall be brought after the time before limited for bringing the same as aforesaid or shall be brought in any other county or place, that then the jury shall find for the defendant or defendants; and upon such verdict or if the plaintiff or plaintiffs shall be nonsuited or discontinue his her or their actions or suit after the defendant or defendants hath or have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and Treble Costs. may recover treble costs and have the like remedy for the same as any defendant or defendants hath or have in other cases by law. See as to Section III. Rex v. West Riding of York, 12 E. 117. No. II. ] 13 George II. c. 18.-An Act to continue several Laws therein mentioned, and for extending the Powers and Authorities of Justices of the Peace of Counties touching County Rates, to the Justices of the Peace of such Liberties and Franchises as have Commissions of the Peace within themselves.* AND whereas by an Act passed in the twelfth year of his sent Majesty's reign, intituled An Act for the more easy as- 12 Geo. II. c. 29. VII. ' pre sessing collecting and levying of County Rates, several powers and authorities are given to the justices of the peace in that part of Great 13 Geo. II.c. 18. * See Part IV. Class III. No 27. and Part V. Class XXV. (E) 5. for other parts. No. II. 13 Geo. II. c. 18. Justices of Peace for Liberties to act with the same Power as Justices for the County in collecting Coun ty Rates. c. 51. Justices in Ge- ‹ Britain called England, within the respective limits of their commissions at their general or quarter sessions from time to time to make one general rate or assessment for such sum or sums of money as they in their discretion shall think sufficient to answer all and every the ends and purposes of the several Acts therein recited; but there being a proviso in the said Act that the same or any thing therein contained should not extend or be construed to extend to make any persons liber ties divisions or places liable to pay to any rate to be made in pursuance of the said Act to which such person liberty division or place did not or was not liable to contribute before the passing thereof; some doubts have arisen whether the said Act doth extend to liberties and franchises which are not within the jurisdiction of the commissions of the peace 'for the counties in which such liberties and franchises lie, and so never 'did nor were liable to contribute to the said county rates;' To the end therefore that such liberties and franchises may not be wholly deprived of the benefit of the said in part recited Act, it is hereby declared and enacted by the authority aforesaid, That where any liberties or franchises within that part of Great Britain called England have commissions of the peace within themselves and are not subject to the jurisdiction of the commissions of the peace for the counties in which such liberties or franchises lie, and do not nor did before the making the said in part recited Act contribute or pay to the several rates made for the said counties, it shall and may be lawful to and for the justices of the peace of such liberties and franchises within the respective limits of their commissions to have use and exercise all and singular the powers authorities and methods given or prescribed by the said in part recited Act, and all such liberties and franchises are hereby declared to be subject thereto in the same manner to all intents and purposes as counties at large are; any thing in the said in part recited Act contained, or any law usage or custom to the contrary thereof in any wise notwithstanding. (1.) [No. III. 55 George III. c. 51.-An Act to amend an Act of his late Majesty King George the Second, for the more easy assessing collecting and levying of County Rates.-[12th May 1815.] 55 George III. WHEREAS the laws now in force are found ineffectual for the correction of the disproportions which now exist, or which may from time to time take place in the assessments of county rates; Be it hereby enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act it shall be lawful for the justices of the peace of the several counties in that part of Great Britain called England, assembled at their general or quarter sessions or at any adjournment or adjournments thereof, and they are hereby authorised and empowered whenever circumstances shall appear to require it, to order and direct a fair and equal county rate to be made, for all the purposes to which the county stock or rate is now or shall hereafter be made liable by law according to the directions hereinafter mentioned; and for that purpose to assess and tax every parish township and other place whether parochial or extraparochial within the respective limits of their commissions rateably and equally according to a certain pound rate (to be from time to time, fixed and publicly declared by such justices) of the full and fair annual value of the messuages lands tenements and hereditaments rateable to the relief of the poor therein, any law or statute to the contrary thereof notwithstanding: Provided also, that nothing in this cumstances appear to require it. (1.) This Act extends to a Corporation, the Justices of which have, by Charter, exclusive jurisdiction: and the Session may appoint a High Constable and Treasurer, and impose a Rate, in the nature of a County Rate, although such Officers have never been before appointed, nor any such Rate levied there. Ruled with respect to Derby.-Weatherhead v. Drury, 11 E. 168. Act contained shall extend or be construed to extend to give any jurisdiction to the justices of the peace of the said several counties over any places situate within the limits of any liberties or franchises having a separate jurisdiction, which before the passing of this Act were subject to rates in the nature of county rates imposed and assessed by the justices of the peace for such liberties or franchises, or which were exempt from the rates of the county in which they lie either in the whole or in part; nor to alter any proportion of county rate payable by any liberty or franchise having a separate jurisdiction as established between the county and the said liberty or franchise, provided such exemption or proportion shall have been created by or derived from grant charter or any special local Act of Parliament; nor to compel any such liberty or franchise, paying to some one or more of the rates specified in the preamble of an Act passed in the twelfth year of the reign of his late Majesty King George the Second, intituled, An Act for the more easy assessing collecting and levying county rates, to pay to any other rate therein mentioned to which such liberty or franchise was not liable to contribute before the passing of the said Act; nor to repeal or alter the provisions of any Acts now in force which shall have fixed the times and places of holding any general or annual general sessions or adjournment thereof, for the assessing the rates of any county, or for the raising levying or collecting the same, but that such provisions so fixing the time or place of holding such general or annual general sessions or adjournment thereof, and of then and there exclusively transacting the matters therein mentioned respecting the county rates, shall be and remain in full force; and that all the matters and things which in and by this Act are authorised to be done by the justices of the peace at their general or quarter sessions, or at any adjournment or adjournments thereof, shall be done and performed exclusively at such general or annual general sessions or at some adjournment thereof, and at no other time or place than such as shall have been fixed by any such Act. No. II. 55 Geo. IIE c. 51. II. And for the better enabling the said justices to make such fair and Justices to reequal county rates be it hereby further enacted, That it shall be lawful quire Churchfor them at any general or general quarter sessions of the peace or at any wardens and adjournment or adjournments thereof (to be holden after the passing of Overseers to this Act) and as often as they shall deem it expedient, and they are make Returns hereby authorised and empowered to issue precepts signed by their chair- of Annual Vaman, or by the clerk of the peace under the authority of the said court, to lue of Rateable the high constables petty constables churchwardens overseers of the poor, Property. assessors and collectors of public rates and taxes of or for the several. and respective parishes townships and places whether parochial or otherwise within their jurisdiction, or to such and so many of them as to the said justices shall seem expedient, requiring the said constables churchwardens and overseers of the poor, assessors and collectors respectively, to make returns in writing to the justices of their respective divisions in petty sessions assembled (which returns shall be verified on oath at the time of delivery before any two or more such justices) of the total amount of the full and fair annual value of the several estates and rateable property within the parish township or place whether parochial or otherwise to which they respectively belong, charged or assessed to the poor's rate at the time of making such return or liable so to be, or charged or assessed on any other rate or assessment whether parochial or public, without regard nevertheless to the actual amounts or sums assessed on the property therein, save and except in such parishes townships or places only where such property is assessed to the full and fair estimated annual productive value. III. And be it further enacted, That it shall be lawful for the said Justices acting justices so assembled at their general or quarter sessions as aforesaid, for Divisions and they are hereby authorised and empowered from time to time when- empowered to ever they shall deem it expedient for the purposes of this Act, also receive Reto make an order or orders for the justices of the peace within the limits turns. of their commissions to meet from time to time within the several divisions in and for which they respectively act, and to fix therein the time of No. III. c. 51. such first meeting; and the said justices in their respective divisions shall have power to adjourn from time to time until the purposes of this Act 55 Geo. III. shall be completed; and any two or more such justices assembled at any such meeting shall receive the returns of the said constables churchwardens overseers assessors and collectors, causing the same to be verified as before directed, and them and every or any of them to examine on oath touching any matters and things contained in such returns as in the judgment of the said justices may appear necessary for the purposes of this Act, and to report their proceedings to the said justices assembled at the next or any subsequent general or quarter sessions as they shall have ordered and directed. Penalty on IV. And be it further enacted, That in case any constable churchChurchwardens warden overseer assessor or collector aforesaid shall neglect or make deand Overseers fault in making any such return in manner aforesaid to the precepts not making which shall be issued by or under the authority of the said justices, then Returns. and in every such case each and every such constable churchwarden overseer assessor or collector so neglecting and making default (without sufficient excuse to be allowed by the said justices in their said general or quarter sessions) shall forfeit and pay such sum and sums of money, not exceeding twenty pounds, as shall or may be ordered or adjudged by such justices so assembled as aforesaid, to be levied on the goods and chattels of each and every churchwarden and overseer of the poor so neglecting or making default. Justices in Petty Sessions assembled empowered to issue their Precepts to Officers, requiring them to make Returns in Writing. Parishes may be assessed, although no Return made. V. And be it further enacted, That in case of default by not making due return of any matter or thing required by the precept of the justices in general or general quarter session assembled, as before directed, it shall be lawful for the justices in their respective divisions in petty sessions assembled or any two or more of them to issue their precepts to any officer or officers before described who shall have made such default, to make the returns in writing as before required to them on a day and at a place therein to be named, and so from time to time as often as shall be necessary; and in case any officer before described shall neglect or make default in making any such return to the precepts which shall be issued by any two or more justices acting for the division wherein such default shall be made, then and in every such case each and every such officer before described so neglecting and making default as aforesaid, without sufficient excuse to be allowed by the said justices acting for such division, shall forfeit and pay any sum, not exceeding twenty pounds, as shall or may be ordered and adjudged by such last-mentioned justices, to be levied on the goods and chattels of the officers so neglecting or making default. VI. And be it further enacted, That if any churchwarden or churchwardens overseer or overseers assessor or assessors or collector or collectors shall neglect or make default in making such return or returns as aforesaid, or if it shall happen that notwithstanding the incurring of any such penalty or penalties as aforesaid for or on account of such neglect or default, a return for any parish township or place, whether parochial or otherwise, shall not be made within the time limited for the making thereof, then and in every such case it shall be lawful for the said justices and they are hereby required either at the said general or quarter sessions or at any adjournment or adjournments thereof, or at some subsequent general or quarter sessions to be held for the same county or at some adjournment or adjournments thereof, or at some petty sessions or adjournment or adjournments thereof respectively as the case may be, to ascertain the annual value of the property chargeable to the county rate within or for each and every the parish township and place, whether parochial or otherwise, of which the constable or constables churchwarden or churchwardens overseer or overseers assessor or assessors collector or collectors shall have so neglected or made default in making such return as aforesaid, by issuing fresh precepts or by such other means as may appear to the said justices the most convenient and proper towards the obtaining a just and fair estimate of such annual value; and the said justices of the peace of the county in general or quarter sessions or any adjournment or adjournments thereof assembled, acting No. III. c. 51. on their own discretion or on the report of any two or more justices 55 Geo. III. acting in and for any division of such county as the case may be, shall order such allowance or compensation to be made to the persons employed in ascertaining the said annual value and in making such returns as aforesaid, as to the said justices so assembled shall appear reasonable; and all such allowances and compensations and other expences as shall be thereby incurred shall be by the said justices so assembled charged upon the parish township or place, whether parochial or otherwise, of which the churchwarden or churchwardens overseer or overseers of the poor shall have so neglected or made default as aforesaid, in addition to the proportion of the said county rate to be paid by such parish township or place, whether parochial or otherwise; and such allowances compensations and expences shall and may be raised levied and collected by such and the like ways and means as the said county rate can or may be raised levied and collected, and shall be paid therewith, due distinction being made in the case of eevry such additional assessment between the sun or sums charged for and on account of any such expences and the sum or sums assessed as and for the county rate. Parishes may VII. Provided always and it is hereby further enacted, That in all cases and places as aforesaid where there are no churchwardens or overseers of the poor, or where no rate is made and collected for the relief of the poor, or where the justices of the peace of any county or of any wardens, or division thereof assembled as aforesaid, for the purpose of receiving such where no Poor's returns as aforesaid of the annual value of the property chargeable to the Rate, or where county rate, shall be of opinion that the returns made to them do not Returns insufafford a full fair and just account of the annual value of the property ficient. rateable, it shall and may be lawful to and for the said justices of the peace so assembled to summon before them any one or more substantial inhabitant of such places respectively, or any other person or persons whom they the said justices may think proper to give evidence as to the fair annual value of such rateable property; and then and there to examine such inhabitant or inhabitauts and other person or persons respectively on oath (which oath any one or more of the said justices is and are hereby authorised to administer) as to the annual value of such property. VIII. And be it further enacted, That in such place or places where Where no there is no poor's rate or overseer of the poor or churchwarden or other Poors Rate or officer necessary for the execution of the provisions of this Act, residing Overseer, Juswithin the limits of the jurisdiction of the justices of the peace of the tices to appoint. county requiring such returns, and in which there is any property liable to the poor's rate but not rated or assessed thereto, it shall and may be lawful for the said justices of the peace of the county assembled as aforesaid, or for the justices of the peace resident in and acting for any division of the county in which such place or places are situate, at any petty sessions or adjournment thereof to be holden by them within such division as aforesaid, and they are hereby authorised and required to appoint one or more proper person or persons to act as overseer or overseers or other such officer as aforesaid, who is and are hereby authorised empowered and required to act within such place or places respectively for effecting the purposes of this Act; and such person or persons respectively shall have the like powers vested in him or them, and shall be subject to the same regulations and penalties for effecting all such purposes, as fully and effectually to all intents and purposes as if he or they had been appointed overseer or overseers of the poor or churchwarden or churchwardens or other officer or officers under any law or laws now in force. Justices emIX. And for the better enabling as well the said justices in general or powered to call quarter sessions assembled, as the justices of the several divisions acting for all Parlia under the order or orders of the justices assembled as aforesaid respecmentary and tively, to ascertain the fair annual value of all property liable to be so Parochial Asrated; it is hereby further enacted, That it shall and may be lawful to sessments, &c. and for such justices or any two or more of them from time to time, whenever the same may be in the judgment of such justices necessary L VOL. VII. |