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Conduct of

and Valuators.

tions for the Conduct of the said Commissioner or Sub-ComCommissioners missioners and Valuators respectively, and for the Employment of such Clerks or other Persons, in the Discharge of their several Duties under this Act, as to such Lord Lieutenant shall from Time to Time seem fitting and expedient for the due Execution of this Act.

Tenements to be valued separately, according to the fair letting Value, according to Provisions of 1 & 2 Vict. c. 56.

Property not rateable under

9 G. 4. c. 82.

to be separately

valued for

municipal Pur-
poses under
6 & 7 Vict.
c. 93.

IX. And be it enacted, That in every Valuation hereafter to be made under the Provisions of this Act the Commissioner of Valuation shall cause to be valued every Tenement which is a rateable Hereditament under the Provisions of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for the more effectual Relief of the Destitute Poor in Ireland, and shall also cause every such Tenement to be separately valued by the Valuator, and the Valuation thereof shall be made upon an Estimate of the net annual Value, (that is to say,) of the Rent for which, one Year with another, the same might in its actual State be reasonably expected to let from Year to Year, the probable annual average Cost of the Repairs, Insurance, and other Expences, if any, necessary to maintain the Hereditament in its actual State, and all Rates, Taxes, and public Charges, if any, except Tithe Rent-charge, being paid by the Tenant.

X. And be it enacted, That in valuing the Property situated in any of the Towns liable to the Payment of any Rate or Assessment under the Provisions of an Act passed in the Ninth Year of His late Majesty King George the Fourth, intituled An Act to make Provision for lighting, cleansing, and watching of Cities, Towns Corporate, and Market Towns in Ireland, in certain Cases, and in valuing the rateable Hereditaments situated in any of the Cities, Towns, or Boroughs liable to the Payment of any Rate or Assessment under the Provisions of an Act passed in the Fourth Year of the Reign of Her present Majesty, intituled An Act for the Regulation of Municipal Corporations in Ireland, or under the Provisions of any private or local Act for cleansing, watching improving, paving, or supplying with Water any such City, Town, or Borough, and which are or shall be by Law exempted from the Rate or not rateable to or which shall not be included in the Rate for the Relief of the Poor of the Union wherein the same may be situate, and in the Case of Dwelling Houses valued together with other Property, the said Commissioner of Valuation shall cause to be made and declared separate Valuations of all or any such Hereditaments, Property, and Dwelling Houses; and every such separate Valuation of Property not rateable as aforesaid shall contain in a separate Column a Statement of the Ground of such Exemption; and the said Commissioner of Valuation shall transmit a Copy of such separate Valuation to the Town Council or Commissioners appointed under any such Act for the City, Town Corporate, or Market Town in which the said Property or Dwelling Houses may be situate; and thereupon the Provisions contained in an Act passed in the Session of Parliament held in the Sixth and Seventh Years of Her present 6 & 7 Vict. c.93. Majesty Queen Victoria, intituled An Act to amend an Act of the Third and Fourth Years of Her present Majesty, for the Regulation of Municipal Corporations in Ireland, shall be deemed to

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apply to such separate Valuation, in like Manner as if the same had been made under the Provisions of the said last-mentioned Act.

tions from Town

annual Value.

XI. And be it enacted, That on the Application of the Town Lord LieuCouncil of any City, Town, or Borough in Ireland to the Lord tenant may, Lieutenant, he may, if he shall think fit so to do, direct the upon Applica Commissioner of Valuation to make a Valuation in Tenements, Councils, direct according to the net annual Value of such City, Town, or Borough, a Valuation to and to transmit a Copy thereof to the Mayor or Town Clerk of be made accordsuch City, Town, or Borough; and from and after the Receipt of ing to the net such Valuation the several Rates and Taxes to be assessed upon such City, Town, or Borough for the Support of the Poor, or under the before-mentioned Act for the Regulation of Municipal Boroughs in Ireland, or under the before-mentioned Act of the Ninth Year of His late Majesty King George the Fourth, or under any local Act, or for County Cess, shall be raised off the Persons liable to pay the same according to such Valuation so signed and amended, and no other, unless and until the same shall be revised or revalued under the Provisions of this Act: Provided always, that such Proviso. Valuation shall not affect the relative Proportion of the County Cess to be borne by such City, Town, or Borough.

XII. And be it enacted, That in valuing the rateable Heredita- Annual average ments situated in any of the Boroughs named in the Schedules Cost of Landlord's Repairs (A.) and (B.) annexed to the Act passed in the Third and Fourth and Insurances Years of the Reign of Her present Majesty, intituled An Act for to be ascertained the Regulation of Municipal Corporations in Ireland, or in any under 3 & 4 Vict. other Town to which a Charter of Incorporation may under the c. 108. said Act be granted, the said Commissioner of Valuation shall cause to be estimated, in addition to the net annual Value of each Tenement, as herein before directed, the probable annual average Cost of the Landlord's Repairs and Landlord's Insurance.

any

may enter any Land, Houses,

Gardens, &c. in execution of

XIII. And be it enacted, That it shall and may be lawful for Commissioner any Commissioner appointed or continued under this Act, and for and Valuators Valuator or Valuators appointed under this Act, from Time to Time to enter into and upon any Land or House for the Purpose of making or carrying on any Valuation authorized by this Act: Provided always, that in every Case in which it shall be necessary this Act. for any such Commissioner or Valuator to enter any House, or any walled Garden or Orchard or Pleasure Ground, and when the Owner or Occupier thereof may oppose or refuse to allow such Entry, such Commissioner or Valuator shall give Three Days Notice to the Owner or Occupier of such House, Garden, Orchard, or Pleasure Ground, requiring to be permitted to enter the same; and at any reasonable Time after the Delivery of such Notice it shall be lawful to make such Entry, such Commissioner and Valuators doing as little Damage as may be in the Execution of the Powers to them granted by this Act, and making reasonable Satis faction (if required) to the Owners of and other Persons interested in any such Houses, Lands, Gardens, Orchards, or Pleasure Grounds which shall or may be any way hurt or damnified in or by the Execution of any of the Powers of this Act; and this Act shall be sufficient to indemnify such Commissioner and Valuators, and all Persons acting in aid or under the Orders of any of them, in the Execution of this Act.

XIV. And

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XIV. And be it enacted, That the said Valuator shall enter the Particulars of the Valuation of each and every Parish, and of each and every Townland and Tenement within the same, when and as each such Valuation shall be completed, in a separate and distinct Field Book, to be appropriated to each and every such Parish respectively, and to be distinguished and entitled as the Survey and Field Book of each such particular Parish respectively distinguishing the Union and Barony in which such Parish or Townland shall be situate, and the Value of each Tenement within such Parish, and the Name of the immediate Lessor or reputed Lessor and Occupier of every Tenement; and such Valuators shall sign every such Book with their several Names, in their several and respective Handwritings, with the Date of completing such Valuation; and such Valuators shall transmit or deliver every such Field Book of every such Parish, so signed, to the Commissioner of Valuation for the County in which every such Parish shall be situate.

XV. And be it enacted, That when a Part only of any Union shall be included within the Limits of any of the Counties to be valued under this Act, the Commissioner of Valuation, on the Application of the Poor Law Commissioners, shall make a new Valuation in Tenements, according to the net annual Value of the Portions of such Unions as may extend beyond the Limits of the said Counties respectively: Provided always, that such Valuation shall not affect the relative Proportion of County Cess to be borne by any Barony, Parish, or Townland not included within the Limits of the County to be so valued.

XVI. And be it enacted, That when and so soon as the Valuation of all the Parishes within any Barony or County of a City or County of a Town to be valued under this Act, as the Case may be, shall be completed, the Commissioner of Valuation shall prepare and make out a List or Table of the several Tenements contained in each Townland or other Denomination in every such Parish, according to the net annual Value; and the said Commissioner of Valuation shall transmit a sufficient Number of printed Copies of such Lists, in the Form (A.) set forth in the Schedule annexed to this Act, to the Clerk of the Board of Guardians of any Union in which any Townland contained in such Schedule is situated, and to the Town Council of any City, Borough, or Town interested therein; and the said Commissioner of Valuation shall specify at the Foot of the Lists of Tenements in each Parish herein-before directed to be made the Day and Place appointed by him for hearing Appeals against the Valuation of the separate Tenements contained in the said Lists, as is hereinafter provided.

XVII. And be it enacted, That every Clerk of any Board of Guardians to whom printed Copies of any such Lists shall be transmitted as aforesaid shall forthwith on the Receipt of the said Lists cause to be affixed a Notice on the principal outer Door of the Church and of any One Roman Catholic Chapel and of any One Presbyterian Meeting House within every Parish belonging to the Union in which any Townland contained in such Lists is situate, stating the Time and Place at which the said Lists may be inspected, and shall at all reasonable Hours on every Day, from

and

renewed when

defaced, &c.

and after the Receipt of the said Lists, for Twenty-eight Days then next ensuing, leave at the Workhouse of the Union, at the Station of each Party of Constabulary, and at such other Place (if any) as may be selected by the Board of Guardians, Copies of the said Lists, to be inspected by any Occupier of Lands or Tene-ments within the Parish, or any Rate-payer in respect of any rateable Hereditament therein, and shall permit such Occupier or Rate-payer to take Extracts therefrom at all reasonable Times, as aforesaid; and if any such Copy or Copies of the said Lists shall Copies of such be destroyed or defaced at any Time within Fourteen Days after Lists to be lodging the same, the Clerk of the Board of Guardians shall transmit a new Copy or Copies of every such List, and so from Time to Time when any such Copy shall be defaced or destroyed. XVIII. And be it enacted, That at any Time within Forty Days after the posting of the said Notice as aforesaid any Person aggrieved by the Valuation of any Tenement in the said List contained may send or deliver to the Clerk of the Board of Guardians a Notice in Writing, duly signed by him the said Person aggrieved, of his Intention to appeal against the said Valuation, and the Ground of Appeal shall be stated in such Notice; and the Clerk of the Board of Guardians shall forthwith transmit the said Notices of Appeal to the Commissioner of Valuation; and the said Commissioner of Valuation shall thereupon prepare a Statement of the Notices of Appeal, and the Grounds thereof respectively, in each Parish, and shall transmit the said Statement to the said Clerk, who on Receipt of the said Statement shall lay it before the Board of Guardians at their next Meeting.

Persons aggrieved by

Valuation may appeal on giving Notice to Clerk of Guardians, who shall transmit same to Commissioner,

&c.

On Receipt of Notices of Appeals Commissioner

may cause

XIX. And be it enacted, That on the Receipt of any such Notice or Notices of Appeal as aforesaid the Commissioner of Valuation may, if he shall think fit, send down a Valuator or Valuators who shall not have been previously employed in making the original Valuation, to examine and value the several Tene- Tenements to ments the Valuation whereof has been appealed against, and be valued again any other Tenement the Valuation whereof it may be necessary to before hearing. consider in the hearing of such Appeals, and shall direct Notices to be given to all Persons where Valuations may be altered on such Appeal, including those who have appealed, of the Day and Place appointed by him for hearing such Appeals.

a

XX. And be it enacted, That the Commissioner of Valuation shall direct Two Sub-Commissioners to hear and determine the Appeals against the Valuation of the Tenements in each of the Parishes of the said Barony or County of a City or County of Town, as the Case may be, such Sub-Commissioners not having been previously employed in making or examining such Valuation, and shall furnish them with the Notices of Appeal, or Copies thereof, which may have been transmitted by the Clerk of the Board of Guardians, as herein-before directed; and the said SubCommissioners shall meet at the Day and Place appointed for the hearing of such Appeals; and the said Clerk shall attend the said Sub-Commissioners, and produce the List of Tenements in the said Parish; and it shall be lawful for such Sub-Commissioners to adjourn their Meeting from Time to Time and from Place to Place, as they shall see fitting and convenient.

9 & 10 VICT.

Y y

XXI. And

Sub-Commis

sioners to meet

and hear and

determine the Appeals.

Field Books to be produced before Sub

Commissioners, who may summon Witnesses:

and examine

XXI. And be it enacted, That the Commissioner of Valuation shall cause to be produced before such Sub-Commissioners all the Field Books which shall have been transmitted to such Commissioner from the Valuators of any Parish; and it shall be lawful for such Sub-Commissioners to send their Precept or Precepts, under their Hands and Seals, to any Person or Persons whomsoever, to attend and appear and be examined before such Sub-Commissioners; and all and every Person or Persons who shall be called upon or summoned by any such Precept shall and they and he are and is hereby required and directed to attend such Sub-Commissioners at such Time and Times and Place and Places as shall be appointed; and it shall be lawful for such Sub-Commissioners and them on Oath. they are hereby authorized and empowered to examine any Person or Persons upon Oath, or by way of Affirmation or Declaration, (as the Case may be,) and such Sub-Commissioners or either of them shall and they are hereby authorized and empowered to administer such Oath, or Affirmation or Declaration, to any Person or Persons respectively; and all and every such Persons or Person shall answer upon Oath or Affirmation as aforesaid to all Questions which shall be put to them by such Sub-Commissioners or either of them; and if any Person or Persons shall, upon his, her, or their Examination before such Sub-Commissioners, wilfully and corruptly give false Evidence, every such Person so offending, and being duly thereof convicted, shall be and is hereby declared to be subject and liable to such Pains and Penalties as by any Law in force and effect in Ireland Persons guilty of Perjury are subject and liable to.

Persons giving false Evidence

liable to be punished for Perjury.

Sub-Commis

sioners may

alter or amend

Valuation,
and shall trans-

mit a Statement

of the same to Clerk of Guardians.

If no Clerk

the Poor Law Commissioners to appoint one.

Persons aggrieved may appeal from Sub-Commissioners to Sessions of the Peace.

XXII. And be it enacted, That if upon the hearing of any such Appeal it shall appear to the Sub-Commissioners that there is any just Cause of Complaint against such Valuation or any Part thereof, by reason of the Valuation not having been made on a just and proper Estimate of the net annual Value of any Tenement or Tenements, as is herein-before directed, or on any other account whatsoever, it shall be lawful for such Sub-Commissioners, if they shall see fit, to alter or amend such Valuation; and the said Sub-Commissioners shall make out and sign a Statement of all the Cases in every Parish in which they shall have altered the Value of any Tenement, or otherwise amended the Valuation, or refused to do so, and shall within Six Days transmit the said Statement, so signed, to the Clerk of the Board of Guardians, or other Person by this Act required to act in lieu of such Clerk, who shall forthwith make the same public by all and every the same Ways and Means by which the Lists of Tenements in the Form (A.) to this Act annexed are herein-before required to be made public: Provided always, that in all Cases in which no Clerk shall have been appointed to the Board of Guardians of any Union it shall be lawful for the Poor Law Commissioners to appoint a Person to act in his Stead.

XXIII. And be it enacted, That if any Person or Persons shall find himself or themselves aggrieved by any Order or Decision of such Sub-Commissioners, it shall be lawful for such Person or Persons to appeal to the next Sessions of the Peace to be held, in the Presence of the Assistant Barrister or Recorder, in and for the County, County of a City, or County of a Town in which such

Order

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