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No. III.

55 Geo. III,

c. 51,

XXIV. And be it further enacted, That where any ridings or divisions have separate commissions of the peace, or where any cities towns or other places 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 at large in which such liberties or franchises lie, and do not nor did not before the passing Extending the of this Act contribute or pay to the several rates made for the said counties Provisions of at large, it shall and may be lawful to and for the justices of the peace of this Act to such separate jurisdictions within the respective limits of their commis- Places that have sions, to have use and exercise all and singular the powers authorities and Commissions of methods given or prescribed by this Act; and all such separate jurisdic- the Peace withtions are hereby declared to be subject thereto, in the same manner to all in themselves. intents and purposes as counties at large; any law usage or custom to the contrary notwithstanding.

[No. IV. ] 56 Geo. III. c. 49.-An Act to explain and amend an Act, passed in the last Session of Parliament, for the more easy assessing collecting and levying of County Rates.-[20th June 1816.]

WHEREAS an Act was passed in the fifty-fifty year of the reign of his 56 Geo. 3. c. 49. present Majesty, intituled An Act to amend an Act of his late Majesty 55 Geo.3.c.51. King George the Second, for the more easy assessing collecting and levying of County Rates: And whereas by the said recited Act the justices of the peace of the several counties ridings or divisions of counties cities towns or other places having commissions of the peace within themselves, in that part of Great Britain called England, are authorised and empowered to assess and tax for the purposes of the said Act every parish township and other place, whether parochial or extraparochial, within the respective limits of their commissions, according to a certain pound rate of the full and fair annual value of the messuages lands tenements and hereditaments rateable to the relief of the poor therein; and doubts having arisen under the said Act whether any messuages lands tenements or hereditaments situate within any extraparochial or other place where no rate for relief of the poor is made and collected could be made subject to the county rate to be raised under the said Act, and it is expedient that such doubts should be removed; be it therefore 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 all messuages lands tenements and Extraparochial hereditaments situate lying or being in any extraparochial place or other and other places, whether rated to the relief of the poor or not so rated, although Places, though the same may not be deemed rateable to the relief of the poor within such not deemed extraparochial places or other places where no rate is made for the relief rateable to the of the poor, shall be and the same are hereby declared to be subject to be Relief of the Poor, subject assessed taxed and rated by and under the order direction and authority to be rated to of justices of the peace, in such and the same manner as the messuages the County lands tenements and hereditaments within any parishes or places where Rate. a rate is made for the relief of the poor; and the justices of the peace shall in all cases where the same may be necessary, appoint proper persons within such extraparochial or other places as directed in and by the said recited Act, for the assessing taxing and rating such extraparochial messuages lands tenements and hereditaments, and levying collecting and paying over such assessments taxes or rates under the provisions of the said recited Act.

Justices in GeII. And whereas doubts have arisen and may arise touching the boundaneral or Quarries of counties ridings and divisions and parts of counties and other places ter Sessions to of distinct and separate jurisdiction, and touching the jurisdictions of appoint Justices justices of the peace in relation thereto under the provisions of the said to fix and determine Boundaries between Counties, Ridings, Divisions, or Parts of Counties, and other Places of distinct and separate Jurisdiction.

No. IV.

56 Geo. III.

c. 49.

Appointment of new Justices.

recited Act; and it is expedient that such doubts should be removed, and that boundaries should be ascertained in all such cases for the purposes of carrying the said recited Act into execution; Be it therefore enacted, That the justices of the peace of counties and ridings and divisions and parts of counties and other places of distinct and separate jurisdiction in that part of Great Britain called Englund, assembled at their several and respective general or quarter sessions of the peace or at any adjournment thereof, shall be and they are hereby authorised and required in any case in which any question or doubt does or shall exist or shall have arisen or may in the judgment of the said justices be likely to arise, as concerning any boundary between any counties ridings divisions or parts of any county or other places of distinct and separate jurisdiction, for which they respectively act as such justices, to nominate and appoint two justices of the peace of each such county riding division or parts of any county or other places of distinct and separate jurisdiction between which the boundary is required to be ascertained for the purpose of fixing and determining such boundary, and the clerks of the peace town clerks and other proper officer of the several and respective general or quarter sessions of the peace at which such justices shall be appointed shall forthwith give notice to each other and to such justices of such appointment; and the justices so appointed shall in every such case, as soon as may be after their appointment, meet and proceed to ascertain the boundary upon such evidence as can be obtained by them or as they shall deem necessary for that purpose, either by examination of witnesses upon oath (which oath any one of the said justices is hereby empowered to administer) or of any maps plans surveys or any other records or documents or in such other manner as they the said justices so appointed shall think requisite; and it shall be lawful for such justices, or for any persons authorised under the hand of any three or more of such justices, to enter upon any lands grounds or premises for the purpose of examining the same, or making any measurement maps or plans thereof for the purposes aforesaid; and it shall be lawful for the said justices to summon any witnesses to be examined in that behalf, and to impose any penalty or forfeiture not exceeding ten pounds upon any witness who shall without reasonable excuse refuse or neglect to attend to be examined upon any such summons, which penalty or forfeiture may be recovered as any penalty or forfeiture may be recovered under any of the provisions of the said recited Act; and such justices shall thereupon fix ascertain and determine the boundary so referred to them to be ascertained, and shall cause the boundary so fixed and determined to be laid down on two maps or plans to be signed by the said justices so appointed as aforesaid, which shall be deposited with the clerks of the peace town clerks or other proper officer for the counties ridings divisions or parts of counties or other places of distinct and separate jurisdiction between which such boundary shall be so fixed and determined, and which maps and plans shall be kept amongst the records of their respective sessions and shall be received as evidence of such boundaries; and such boundaries so fixed and determined shall be and be deemed the boundaries between the respective counties ridings divisions or parts of counties or other places of distinct and separate jurisdiction for which the same shall have been so ascertained for all the purposes of this and of the said recited Act and the carrying the provisions thereof respectively into execution; any thing contained in any other Act or Acts of Parliament relating to such counties ridings divisions or parts of such counties or other places of distinct and separate jurisdiction, or any law usage or custom to the contrary notwithstanding. III. And be it further enacted, That if any of the four justices so appointed as aforesaid or who shall be appointed in manner herein-after mentioned shall, before the execution of all the powers and authorities hereby in them respectively vested, die decline or refuse to act or become incapable of acting, the justices of the peace of counties ridings divisions and parts of counties and other places of distinct and separate jurisdiction assembled at their several and respective general or quarter sessions of the peace or at any adjournment thereof, from which such justice so ap

No. IV.

c. 49.

pointed or to be appointed shall die decline refuse to act or become incapable of acting, shall and they are hereby authorised and required to appoint 56 Geo. II. another justice in the room of him so dying declining refusing to act or becoming incapable of acting as aforesaid, and so from time to time as often as any justice so to be appointed as last aforesaid shall die decline or refuse to act or become incapable of acting; and every justice to be appointed as aforesaid shall have the like power and authority as the justice in whose place he shall be appointed was invested with by virtue of this Act; and that notice shall be given by the clerks of the peace town clerks or other proper officer to such justice of his appointment in manner herein-before directed.

meet them

Boundary.

IV. Provided always and be it further enacted, That if it shall happen In case of Difthat the justices so appointed to fix ascertain and determine the bounda- ference beries as aforesaid shall disagree in opinion touching the boundary between tween Justices, any county riding division or parts of any county or other place of distinct a Referee to and separate jurisdiction so referred to them under and by virtue of this be appointed to or the said recited Act, and there shall be an equality of votes so that the and determine said justices cannot make any determination thercon, then and in such case the said justices or the major part of them shall forthwith appoint under their hands such persons as they may think proper to act as referee, which person so appointed as referee shall within twenty-one days from the receipt of such appointment fix a time and place to meet such justices; and at such meeting the said person so to be appointed as referee as aforesaid shall, together with the said justices to whom any boundary shall be referred to be ascertained as aforesaid, proceed to fix ascertain and determine the boundary about which such disagreement shall take place amongst them the said justices in such and the same manner and with such and the like powers in all respects as herein-before expressed, and that the determination and decision of the said justices and of the person whom they shall appoint as referee as aforesaid or of the major part of them shall be for ever binding and conclusive; and that the said justices and the person whom they shall appoint as referee as aforesaid or the major part of them shall cause the boundary so fixed and determined to be laid down on two maps or plans to be signed by the said justices and the person so appointed as referee as aforesaid or by the major part of them, which shall be deposited with the clerks of the peace town clerks or other proper officer as herein-before directed, and kept amongst the records of their respective sessions and shall be received as evidence of such boundaries; and such boundaries so fixed and determined shall be and be deemed the boundaries between the respective counties ridings divisions or parts of counties or other places of distinct and separate jurisdiction, for which the same shall have been so ascertained for all the purposes of this and of the said recited Act, and the carrying the provisions thereof respectively into execution, any thing contained in any other Act or Acts of Parliament relating to such counties ridings divisions or parts of such counties or other places of distinct and separate jurisdiction, or any law usage or custom to the contrary notwithstanding.

V. Provided always and be it further enacted, That in all cases in Appeals how to which any appeal or appeals shall be made under the said recited Act be proceeded in. to any rate or assessment made in pursuance thereof or of this Act, the same shall be made to the next general or quarter sessions of the peace after the cause of appeal shall have arisen, and that fourteen clear days notice in writing shall be given of the intention to try such appeal previous to such general or quarter sessions, and that notwithstanding such appeal or notice thereof the rate or rates made upon any parish township or place (whether extraparochial or otherwise) under the said recited Act and this Act shall be paid and shall and may be levied recovered and received in the same manner as if no appeal had been made or notice given thereof; and that if upon the hearing of any such appeal or appeals the court of general or quarter sessions of the peace shall order any rate or assessment to be decreased or lowered, and it shall appear to the said court that any parish township or place have or hath previously to the

No. IV.

56 Geo. III.

c. 49.

Act not to determine any Question of Boundary.

Extending former Act to this Act.

57 Geo. III.

c. 94.

56 Geo. 3. c.49.

hearing such appeal or appeals paid any sum or sums of money in consequence of such rates or assessments which ought not to have been paid or charged therein, then and in every such case the said court shall order all and every such sum and sums of money to be repaid and returned to the person or persons parish township or place having paid the same respectively.

VI. Provided always, That nothing in this Act contained nor any proceedings under the same shall extend or be construed to extend to determine any question of boundary for any purpose except for the purpose of assessing collecting and levying rates according to the provisions of this Act and of the said recited Act.

VII. And be it further enacted, That all the powers authorities provisions clauses and regulations contained in the said recited Act shall be deemed and taken to apply to this Act as if the same were severally and respectively repeated and re-enacted in this Act; and this Act and the said recited Act shall be construed as one Act.

[ No. V. ] 57 Geo. III. c. 94.-An Act to amend an Act of the last Session of Parliament, for the more easy assessing of County Rates.-[10th July 1817.] WHEREAS an Act was passed in the last session of Parliament to explain and amend an Act passed in the last session of Parliament for the more easy assessing collecting and levying of county rates: And whereas it is expedient to repeal so much of the said Act as directs that in all cases in which any appeal or appeals shall be made under the said recited Act to any rate or assessment made in pursuance thereof or of this Act the same should be made to the next general or quarter sessions of the peace after the cause of appeal shall have arisen, and that fourteen clear days notice in writing should be given of the intention to try such appeal previous to such general or quarter sessions; and that notwithstanding such appeal or notice thereof, the rate or rates made upon any parish township or place (whether parochial or otherwise) under the said recited Act and this Act should be paid, and should and might be levied recovered and received in the same manner as if no appeal had been made or notice given thereof; and that if upon the hearing of any such appeal or appeals the court of general or quarter sessions of the peace should order any rate or assessment to be decreased or lowered, and it should appear to the said court that any parish township or place have or hath previously to the hearing such appeal or appeals paid any sum or sums of money in consequence of such rates or assessments which ought not to have been paid or charged therein, then and in every such case the said court should order all and every such sum and sums of money to be repaid and returned to the person or persons parish township or place having paid the same respectively; Be it therefore enacted by the King's cited Act as re- most excellent Majesty, by and with the advice and consent of the Lords spects Appeals, Spiritual and Temporal and Commons in this present Parliament assem&c. repealed. bled, and by the authority of the same, That the herein-before recited provision shall be and the same is hereby repealed.

So much of re

Rate to be

raised notwithstanding Appeals, until De

termination of Justices.

In case Justices order Rate to be set aside, de

creased, or lowered;

II. And be it further enacted, That from and after the passing of this Act the rate or rates made upon any parish township or place (whether extraparochial or otherwise) under any Act or Acts passed for the assessing collecting and levying of county rates shall be paid and shall and may be levied recovered and received, notwithstanding any appeal or appeals may have been made to the general or quarter sessions of the peace against any such rate or rates; and such rate or rates shall continue to be raised levied and received until the decision of the justices shall be made upon such appeal or appeals: Provided always, that if upon the hearing of any such appeal or appeals the court of general or quarter sessions of the peace shall order any rate or assessment to be set aside decreased or lowered, and it shall appear to the said court that any parish township or place have or hath previously to the determination of such

No. V.

57 Geo. III.

c. 94.

appeal or appeals paid any sum or sums of money in consequence of such rates or assessments which ought not to have been paid or charged therein, then and in every such case the said court shall order such proportion of such sum or sums of money as shall have been so paid by any person or persons parish township or place, subsequently to the notice which shall have been given of such appeal or appeals, to be repaid and returned to Money paid the person or persons parish township or place which have or hath paid subsequent to the same respectively out of the general rate of the county in which the the Time of cause of appeal shall have arisen: Provided always, that fourteen clear Appeal to be days notice in writing shall be given by the parties intending to appeal returned out of against any rate or assessment to the parties against whose rate the ap- the General peal is to be made, the clerk of the peace of the county and the hundred County Rate. constable, of the intention to try such appeal at the next general quarter Notice of Apsessions of the peace; any thing in any Act or Acts to the contrary not- peal. withstanding.

persons as

III. And be it further enacted, That so much of the said recited Act So much of as directs that the expences of all appeals actions suits or proceedings at law in respect of any thing done in pursuance of the said recited Act shall be paid by such respective parishes townships places and the said justices in general or quarter sessions shall direct, or such court wherein such proceeding shall be instituted shall order, and shall not be charged to or be paid out of the county rate, shall be and the same is hereby repealed.

recited Act, as directs that the Expences of Appeal shall be Parishes as the paid by such Justices shall appoint, repealed.

IV. And be it further enacted, That in case of any appeals actions Expences of suits or proceedings at law respecting any thing done in pursuance of this Appeals shall be Act or any other Act or Acts relating to the county rate, the expences of paid in such all such appeals actions suits or proceedings at law shall be borne and Proportions as paid by such respective parishes townships places and persons or such of the Justices them and in such proportions as the said justices shall upon any appeal shall award. in their general or quarter sessions award and order, or as such courts wherein such actions suits or proceedings shall be instituted shall adjudge and order.

V. And whereas there are several parishes townships and places in and Where there are over which the high constables have no jurisdiction; Be it therefore fur- no High Conther enacted, That in all such cases it shall be lawful for the justices of the stables, other peace of any county in which such parishes townships or places shall be Constables may situate to issue their warrants for collecting the county rate to one or levy the Rates. more of the constables of such parishes townships or places, and such constable or constables shall collect levy and pay such county rate in such and the like manner as the high constables are by the said Act empowered and required to do, and shall be subject to the like penalties in case he or they shall neglect to demand levy or account for such county rates as the said high constables are subject or liable to by any law or statute now in force.

[ No. VI. ] 1 & 2 Geo. IV. c. 85.-An Act to explain and amend several Acts relating to the assessing, levying and collecting the County Rates.-[2d July 1821.] WHEREAS an Act was passed in the twelfth year of the reign of his 1 & 2 Geo. IV. Majesty King George the Second for the more easy assessing levy

c. 85.

ing and collecting of county rates: And whereas an Act was passed in 12 Geo. 2. c. 29. the thirteenth year of the reign of his said Majesty King George the 13 Geo. 2.c.18. Second (amongst other purposes) 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 an Act was passed in the

fifty-fifth year of the reign of his late Majesty King George the Third, 55 Geo. 3.c.51. intituled 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:

And whereas an Act was passed in the fifty-sixth year of the reign of his 56 Geo.3.c.49. said late Majesty, to explain and amend the said last-mentioned Act:

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