Vict. c. 14; and they will be found in vol. I. of Glen's Poor The 17 Geo. II. c. 38, s. 12, obviously confers upon the Apportionsurveyor the same powers as to the apportionment of highway ment of rates between outgoing and incoming tenants as on overseers highway with respect to the poor rate. rates between outgoing and Before any steps can be taken to enforce payment of a rate incoming there must be a lawful demand of the rate, (1) and a demand tenants. of a highway rate by one only of two surveyors, acting under the 5 & 6 Will. IV. c. 50, has been held to be a valid demand of the rate. (2) It has been held that on a summons before justices to enforce Enforcement a poor rate, as soon as the person summoned is shown to be in of rate. the visible occupation of the property rated within the parish, the justices are bound to issue a warrant of distress, and cannot go into the question of whether or not the occupation be beneficial, which is a matter only for the quarter sessions on appeal. (3) An appeal under 20 & 21 Vict. c. 43, does not lie upon the refusal of justices to issue a summons to enforce payment of a highway rate, on the ground that the land assessed was not liable to highway rates. (4) In replevin for seizing the plaintiff's goods, the defendant pleaded in justification that after the passing of the 5 & 6 Will. IV. c. 50, two justices made their warrant (setting it out) addressed to the surveyors of the highways of H. and to the constable of H., reciting that M., an occupier of lands in H., was duly rated to the repair of the highways of the parish in a certain sum therein mentioned, which had been demanded and refused, and that he had been summoned and had not appeared, and therefore the warrant commanded them to levy the amount by distress and sale. The plea then averred that the defendant was constable of H., that certain persons mentioned in the warrant were surveyors of the highways, and that M. in the warrant named was the plaintiff, and so justified, under the warrant, in acting in aid and assistance of the surveyor. On demurrer it was held that the plea was neither in form nor in substance a plea under the statute, nor was it a good plea at common law, inasmuch as it did not show that the justices had jurisdiction over the subject-matter upon which the warrant was granted. (5) Under the 27 Geo. II. c. 20, s. 2, the overplus, after satisfying a distress, was to be returned on demand to the owner of the goods and chattels distrained; where, therefore, a collector of highway rates had in his hands a balance arising from the sale of goods distrained for non payment of rates; and after the (4) Walker v. Great Western Railway Company, 2 E. & E. 325. (5) Morrell v. Martin, 4 C. B. (N. S.) 300. Costs of C. 14, S. I. Imprisonment in default of distress. Ib. s. 2. One warrant may be issued To whom to be directed. Ib. s. 4. distress was satisfied a person came to him and demanded the balance, and on being asked if he had authority to demand it, said he had a written authority in his pocket, but refused to produce it, it was held that this was not a sufficient demand within the statute to entitle the former owner of the goods to sue the collector for the balance. (1) No provision was made by the 5 & 6 Will. IV. c. 50, for levying the costs and expenses incurred by surveyors of highways in the recovery of highway rates; but it is now enacted that the justices may in their discretion in any warrant of distress for the levying of any sum to which any person is rated for the highways in England or Wales, or in any warrant for the levying of any arrears of the same, order that a sum such as they may deem reasonable for the costs and expenses which the surveyors or the persons applying for the warrant shall have incurred in obtaining the same shall also be levied of the goods and chattels of the person against whom the warrant shall be granted, together with the reasonable charges of the taking, keeping, and selling of the distress. When to any warrant of distress for the levying of any highway rate it shall be returned by the constable or person having the execution of the warrant that he could find no goods or chattels, or no sufficient goods or chattels whereon to levy, any two or more justices before whom the warrant shall be returned, or any two or more justices of the peace for the same county, etc., if in their discretion they shall so think fit, may issue their warrant of commitment against the person with relation to whom such return shall be so made in the form (D) in the schedule to the Act annexed, or in any form to the like effect, and thereby order the person to be imprisoned in the common gaol or house of correction for any time not exceeding three calendar months, unless the sum or sums shall be sooner paid; every warrant of commitment is to be made as well for the non-payment of the costs and expenses in obtaining the warrant of distress, if they shall be so ordered, and the costs attending the distress, and also the costs and charges of taking and conveying the party to prison (the amount of such several costs, expenses, and charges being stated in such warrant of commitment), as for the non-payment of the sum or sums alleged to be due for the rates respectively. For the saving of expense in the levying of any sum or sums for the rate and costs one warrant of distress may issue against any number of persons neglecting or refusing to pay; but the justices cannot in like manner issue one warrant of commitment against several persons in default of distress. The warrants may be directed to the surveyors of the highways, and to the constable of the parish or township, and to any other person or persons, or to any one or more of them as by the justices shall be deemed fit. (1) Charinton v. Johnson, 14 L. J. Exch. 299. Every summons for non-payment of any highway rate is to Summons. be directed to the person in default, and may be in the form 12 Vict. c. 14, (B) in the schedule to the Act, or in any form to the like S. 5. effect; and may be served by any surveyor of the highways, or constable or other person to whom it shall be delivered for that purpose, upon the person to whom it is directed, by delivering it to the party personally, or by leaving it with some person for him or her at his or her last place of abode ; the person who shall serve the summons must attend at the time and place and before the justices in the summons mentioned, to depose, if necessary, to the service of it; and if upon the day and at If not obeyed, the place appointed the party fail to appear, and if it be proved the justices upon oath or affirmation to the justices then present that the may proceed ex parte. summons was duly served a reasonable time before the time appointed for the appearance of the party, the justices in their discretion may proceed ex parte as if the party had personally appeared before them in obedience to the summons. In all cases where any proceedings are taken to compel pay- On payment ment of any sum for which any person is rated, if at any time or tender of before such person shall be committed to and lodged in prison rate and costs pro for non-payment, or for or by reason of its being returned to ceedings to the warrant of distress that there are no goods or chattels, or cease. The forms in the schedule to the Act, or forms to the same Forms. or the like effect, are to be deemed good, valid, and sufficient Ib. s. 8. in law. The appeal will be to the justices in special sessions, of Special which at least four are to be held in every year, and the justices sessions. are to cause public notice of the time and place when and where IV. c. 96, s. 6. 6 & 7 Will. such special sessions will be holden to be affixed to or near to the door of the parish church twenty-eight days at the least before the holding of the same. sessions. Any person objecting to the rate must give notice of his Appeals to objections seven days at least previous to the sessions to the special person by whom the rate has been made; but no provision is made for notice to other persons who may be prejudicially affected by the decision, and who, in the case of an appeal to quarter sessions, would be entitled to notice. The justices at the special sessions are to hear and determine all objections to any rate on the ground of inequality, unfairness, or incorrectness in the valuation of any hereditaments included in it, but are not to inquire into the liability of any hereditament to be rated. The justices have all the powers in other respects Appeals to special sessions. Rate to be made as a general district rate. 21 & 22 Vict. c. 98, s. 49, which the Court of Quarter Sessions would have upon appeal against the same rate. Their order is not to be removed by certiorari or otherwise into any of the Queen's Courts at Westminster, and is to be conclusive on all parties, unless it be ap pealed against to quarter sessions. But if either of the parties impugn the decision of the special sessions, he may, upon giving fourteen days' notice in writing, and upon entering into a recognisance with sureties for trying the appeal, and for payment of costs, appeal from the decision of the petty sessions to the quarter sessions; thereupon the justices at quarter sessions are to receive, hear, and determine the appeal, and may award costs, according to their discretion and their determination is conclusive upon all parties. It is to be observed that this appeal to special sessions, and thence to quarter sessions, in no wise interferes with the right of the party to appeal originally, exactly upon the same grounds, to the quarter sessions. This appeal to special sessions is given in terms which apply to all rates made for parishes and districts contained within divisions of petty sessions, and before subject of appeal to quarter sessions. Therefore the appeal would apply to the highway rates and other rates as well as to the poor rate. It is not generally understood that the appeal to special sessions is as applicable to other rates as to the poor rate; but on reference to the Act, it will be seen that the appeal has this extensive application. § 7. BURIAL RATES. Where a Local Board becomes a Burial Board for any one or more parish or place in the manner stated, ante, p. 352, all expenses incurred by the Board in carrying into execution the powers given to them by the 20 & 21 Vict. c. 81, shall be defrayed out of rates to be levied on such parish or parishes, place or places, in the same manner as general district rates are to be levied under the 21 & 22 Vict. c. 98; and receipts by them by reason of the exercise of such powers shall be carried to the credit of such parish or parishes, place or places respectively. By 23 & 24 Vict. c. 64, ss. 1, 2, Local Boards and Improvement Commissioners when constituted Burial Boards are to levy as part of the general district rate or improvement rate, as the case may be, or by a separate rate under the name and designation of a "Burial Rate," to be assessed and recovered in like manner as a general district rate or improvement rate, as the case may be, within the district for which they act, such sums of money as shall be from time to time necessary for their purposes as a Burial Board. All the enactments regarding a general district rate will apply to rates or additional rates made by Local Boards or Commissioners under the foregoing enactments. § 8. APPEALS AGAINST RATES. General or Quarter Any person who shall think himself aggrieved by any rate Appeal to made under the Act, may appeal to the Court of General or Court of Quarter Sessions holden next after the making of the rate objected to, or accrual of the cause of complaint. The appel- Sessions. lant, however, cannot be heard in support of the appeal unless 11 & 12 Vict. within fourteen days after the making and publication of the c. 63, s. 135. rate appealed against he give to the Local Board notice in writing stating his intention to appeal, together with a statement in writing of the grounds of appeal. The Court, upon hearing and finally determining the matter of the appeal, may, according to its discretion, award such costs to the party appealing or appealed against as they may think proper, and its determination is to be conclusive and binding on all persons. If there be not time to give such notice and enter into a recognizance (the purport of which however is not stated in the Act) before the sessions holden as last mentioned, then the appeal may be made to, and the notice, statement, and recognizance be given and entered into for, the next sessions at which the appeal can be heard. On the hearing of the appeal, no grounds of appeal can be gone into or entertained other than those set forth in the statement of the grounds of appeal. 66 Where a statute requires ten days' notice" of an appeal to the sessions, it means one day inclusive and the other exclusive. (1) For the purposes of the Public Health, &c., Act, by 11 & 12 Vict. c. 63, s. 2," the Court of General or Quarter Sessions" means such Court having jurisdiction over the whole or any part of the district or place in which the matter requiring the ⚫cognizance of the Court arises, and therefore if the district of the Local Board comprises parts of two or more counties, the Court of Quarter Sessions of each county would seem to have concurrent jurisdiction over the whole district. The notice and grounds of appeal may be stated as follows, Notice and according to the facts as they may be in the particular case: To the Local Board of Health of the district of county of Take notice that I of grounds of appeal. or in the being rated as an occupier of certain lands and tenements situate and being within your said district in a certain rate or assessment made by you the said Local Board of Health, on or about the and intituled General Quarter Sessions of the Peace, to be holden at for the county of on the , do intend at the , in and to appeal against the said rate or assessment, and that the causes and grounds for such appeal are as follows: (1) Reg. v. Yorkshire (W. R.) 77., 4 B. & Ad. 685. |