« PreviousContinue »
Sect. 2. “ That in case guardians do not pay within the time limited in
- such precept the sum or sums of money therein required to be paid on 7 & 8 Vict. c. 33. behalf of any parish, the said justices assembled as aforesaid may cause If the guardians to be issued and sent, by post or otherwise, to the overseers of the poor fail to pay such of such parish, or to the petty constable or peace officer, or other person rates, the justices may issue war- or persons empowered in any place to rate and levy the monies assessed rants to the over. as such county police or other rate, warrants to collect, and pay to the seers. of parishes, treasurer of the county or place in which such justices act within a time &c. to pay the
to be named and limited in such warrants, the rate or rates charged on such parish or place respectively, together with an addition to such rate or rates in the proportion of 1s. to every 10s.; and such additional son shall be applied and disposed of in like manner as the county rate ; 201 such overseers of the poor, petty constables, peace officers, or othe persons may reimburse themselves, as well for such additional suma a for the original amount of rate or rates, out of the monies which they ar respectively empowered to rate and levy for the purpose of such county police, or other rate, but shall not receive or take from the county rate, o any other rate, any allowance or compensation for their trouble or ex pences incurred in collecting, levying, or paying such county, police, o
other rate." If the overseers, Sect. 3. “ That if any overseer, petty constable, peace officer, or otha &c. fail to pay, person as aforesaid refuse, make default, or neglect to pay to the tres the justices may levy the rate by surer of the county or place, within the time limited as aforesaid, the distress and sale. sum or sums of money specified in the said warrants, and if the clerk
the peace or treasurer of the county or place make complaint thereo then any justice of the peace of such county or place may by warri! under his hand levy the same by distress and sale of the goods of ti offender; and the justices assembled as aforesaid may pay to any cler constable, messenger, or other person who may have been employed making such complaint, or in obtaining, drawing, or executing sur warrant, such reasonable compensation out of the county stock as tot!
said justices may seem fit." Parishes not in Sect. 4. “ That in every case where any parish comprised in an unio arrear with con. has, on or before the day on which any precept as aforesaid should tributions to be reimbursed by
obeyed, contributed money sufficient to enable the guardians of di those which are union to pay any sum or sums required by such precept in respect !
such parish, as well as to provide for the immediate relief of the poor! such parish, and to satisfy all other obligations of the said guardians i respect of such parish in force on that day, and where, through the di fault of any other parish or parishes in the same union in contributin money to such guardians, or through the neglect of such guardians ! demand sufficient contributions from any other parish or parishes in th same union, the said guardians have applied the money of such firs mentioned parish to the use of such other parish or parishes, and a thereby rendered unable to pay any money so required by such prece on behalf of such first-mentioned parish, and such parish is by reas) thereof compelled to pay the additional sum of is. in every ten hereinbefore provided, in every such case the guardians of the link shall reimburse such first-mentioned parish such additional sum, and costs incurred by reason of the premises, out of the monies of suc other parish or parishes which may next thereafter come into the hand of such guardians; and in case more than one parish be in default a aforesaid the said guardians shall charge such additional sum and costs every such parish, in proportion to the amount of the deficiency of to contribution of each parish respectively on the day on which the să
precept should have been obeyed.” Justices mavissue Sect. 5. “ That in the case of every parish not comprised within a precepts to the union, and in which the laws for the relief of the poor are not admini overseers of
w tered by a board of guardians, and in the case of every parish com parishes, &c. not comprised in prised in a union the guardians of which are not empowered to relier unions, or ovly the poor, and in the case of any parish comprised within a union
or in which the laws for the relief of the poor are administered by a County Rates. board of guardians, of which parish a part only is situated within the limits of the commission of any justices, for which part no separate rate 7 & 8 Vict. c. 33. is levied for the relief of the poor, and in the case of every place not partly within the maintaining its own poor, but liable to the payment of county, police, or justices, without
jurisdiction of the ther rates as aforesaid, the justices assembled as aforesaid may, so soon the intervention 13 any vacancy occurs in the office of high constable as aforesaid, issue of
of the high con
Sect. 6. “That whenever precepts or warrants as provided by this act Delivery of pre-
and evidence pt or warrant by post as a registered letter, according to the regula- thereof. 100s of the postmaster general in force for the time being in that behalf; nd every precept or warrant delivered or tendered as a registered letter t the address of the person to whom it is addressed, whether a receipt
given for the same or not, shall be deemed to have been served on the erson to whom the same was so delivered or tendered; and if delivered I tendered to the clerk or other like officer acting for any guardians, shall e deemed to have been served on the whole of such guardians; and if elivered or tendered to any one overseer of a parish, shall be deemed to že been served on the whole of the overseers of such parish.”
Sect. 7. “And whereas it is expedient to relieve high constables from where special be duty of serving notices of the holding of special sessions on the sessions are
required to be
holden notice of bacted, That from and after the passing of this act, in all cases in which the same to be pecial sessions are required to be holden for any division of any county se
sent to each
justice. place, if notice of the intended holding of such special sessions be igned by any one justice of the peace usually acting within such divi. son, and if a copy of such notice be sent by post a reasonable time before the day on which such sessions are to be holden, addressed to ach justice of the peace resident and usually acting within such division # his residence in such division, such notice shall be deemed to have Seen duly given to or served on each such justice of the peace, any law or custom to the contrary notwithstanding."
Sect. 8. “And whereas it is expedient to relieve high constables, in High constable certain cases, from the duty of attending at the court of quarter sessions; now appo
? quarter sessions be it enacted, That where high constables have heretofore been usually to be appointed appointed at courts of quarter sessions the high constables of such at special fraces shall hereafter be appointed by such justices as may be present at Sess the special sessions of their division held for the purpose of hearing appeals against the rates of the several parishes in such division, or at any adjournment thereof, but if the hundred or other like division of the county for which any high constable is to be appointed be not included within the limits of any one division of the county for which such spe. cial sessions are held, then the justices of the peace for the county assemBled at general or quarter sessions, or any adjournment thereof, may from time to time determine the division of the special sessions at which such high constable is to be appointed, and shall cause notice of such determination to be sent by post, or otherwise, to the high constable for the time being of such hundred or other like division; and every high con- High co-stables stable, whether appointed at a special sessions, or at an adjournment to take
County Rates. thereof, or at a court leet, or any other special court, shall, if present at
--- the time of his being appointed, then and there take his oath for the due 7 & 8 Vict. c. 33
c. 33. execution of his office, and if otherwise, he shall forth with, on the ro oath for due
..ceipt of his appointment, go before the next or some other justice of the execution of their office.
peace for the county in which he resides, and then and there take ba said oath of office, and he shall not, in virtue of his office of high con stable, be required to take any other oath than the said oath for the da
execution of his office.” Construction of Sect. 9. " That in the construction of this act the word 'parish shal the words
be construed to include any township, vill, or place maintaining its o "parish, "union," poor, whether parochial or extra-parochial, or any part of a parish, tout "guardians,
ship, vill, or other place for which a separate poor rate may be made
SCHEDULE to which this Act refers.
Form of Precept.
[Signature of the clerk of the peace.)
By the 7 & 8 Vict. c. 93, “An Act to enable Barristers appointed to arbi. County Rates. trate between Counties and Boroughs to submit a Special Case to the Saperior Courts,” (9th August, 1844,7 reciting that by the 5 & 6 Will. IV. 7 & 8 Vict. c. 93 . € 76, relating to municipal corporations, and by the 5 & 6 Vict. c. 98, “An Act to amend the Law concerning Prisons,” provision was made for the appointment of barristers at law to arbitrate in cases of difference conbraing certain accounts and the amounts of certain expenses therein mentioned : and whereas it is expedient that the treasurer of the county, the visiting justices of the prison, and the council of the borough, or any of them, affected by any award which may be made by any barrister onder the authority of either of the said acts, should be enabled to obtain
a summary way the opinion of one of the superior courts of common law at Westminster upon any point of law arising out of any of the matters referred to such barrister; it is therefore enacted, “That in any Arbitrating barase in which a barrister at law shall have been or shall hereafter be named,
rister, upon re
ceiving a requisi. is in the said recited acts or either of them is mentioned, to arbitrate tion in writing etween the parties, such barrister at law, upon the requisition in writing from treasurer of
the county or of the treasurer of the county, or of the visiting justices of the prison, or visiting justices of If the town clerk of the borough, on behalf of the council of the borough the prison, &c. sho shall be interested in the decision of such barrister, shall be em- special cs
may state a potered, if he shall think fit, before making his award, to state one or touching any more special case or cases touching any of the matters referred to such matter referred
to him, for the barrister at law for the opinion of such one of the superior courts of opinion of a supecommon law at Westminster as he shall direct, or to raise in any award rior court. o be at any time made by him any question or questions for the opinion
such court; and such court shall hear and determine the matter Ecording to the practice of the court upon special cases, and make such Tder as to the costs, and by and to whom and in what manner the me shall be paid or borne, as to such court shall seem meet, and the Lecision of the court shall be binding on such barrister in making his Iward." Sect. 2 declares and enacts, “That in case any barrister who shall have In case barrister
die before making Been or shall hereafter be named, in pursuance of the said recited acts or his award another ather of them, or of this act, shall die, or refuse to act, or be disabled one to be chosen. from acting, either from ceasing to practise as a barrister or for any other Izazon, before making his award, the several parties in the said several sets mentioned shall be authorized and required to name another barrister at law for all the purposes in the said several acts mentioned, or any of them, in like manner as if no appointment had been made under the same; and the barrister so newly named shall have the same authority to decide the matters in difference as if no other appointment had been made; and in every such case in which, before the passing of this act, a second barrister has been appointed to settle or determine any matters in Girerence, left unsettled or undetermined by the barrister first appointed for that purpose, the appointment of such second barrister shall be deemed food, and the barrister so secondly appointed shall be deemed to have and to have had from his appointment the same authority as if appointed under this act.”
Counties. As to the survey of counties, see “ Survey," Vol. V. By the 6 & 7V.c.61, intituled “An Act to annex detached Parts of Coun. 7 & 8 Vict. c. 61. ties to the Counties in which they are situated," [6th August, 1844,] reciting that there exists in England and Wales parts of counties detached from the main body of the county, and delay and hindrance to the admi. Distration of justice ensue, and inconvenience in other respects; and that it is desirable to remedy the said evil; it is therefore enacted, “That from Detached por. and after the 20th day of October next every part of any county in En, tions of countles
County Rates. gland or Wales which is detached from the main body of such county
shall be considered for all purposes as forming part of that county of 7 & 8 Vict. c. 61. which it is considered a part for the purposes of the election of members to be part of the to serve in parliament as knights of the shire, under the provisions of a county by which they are sur
ch act passed in the third year of the reign of his late majesty, intituled rounded.
'An Act to settle and to describe the Divisions of Counties and the Limita 2 & 3 Will. IV. c. of Cities and Boroughs in England and Wales, in so far as respects the 64. (See "Parlia.
4- Election of Members to serve in Parliament:' Provided always, that nothing ment," Vol. V.)
herein contained shall be construed to alter the county, riding, or divisiat to which any such detached part shall be deemed to belong for the pur
pose of holding inquests, under the provisions of an act passed in th 6 & 7 Vict. c. 12. sixth year of the reign of her majesty, intituled 'An Act for the more con
venient holding of Coroner's Inquests.'” (As to which, see ante, Addende
title “ Coroner.") Detached parts to Sect. 2. “That every such detached portion which under the provision belong to adjoin- of this act shall be annexed for purposes other than that of voting fo ing hundred, &c., or to formaatis members of parliament to any county to which it did not belong for sud separate hundred. purposes before the passing of this act shall thenceforth be taken to b
part of the hundred, wapentake, ward, rape, lathe, or other like divizio by which it is wholly or for the most part surrounded, or to which it is next adjoining, in the county to which it will thenceforth belong, unles the justices of the county, riding, parts, or division, in general or quarte session assembled, shall declare it to be a new or separate hundred other like division, which they shall be empowered to do; and it shall b lawful for the justices of such county, riding, parts, or division, in genere or quarter sessions assembled, in every case in which there shall appel to them to be any doubt to which of such divisions any such detached pa shall belong under this act, to declare the division to which it sballo taken to belong; and such determination shall be final and conclusin and shall be published in the London Gazette, the production of whic
paper shall be evidence thereof." Provision as to
Sect. 3. “That in all cases where any such detached part of a count special and petty shall have formed before the passing of this act a separate division i sessions,
which special and petty sessions of the peace for such county shall bay been usually holden, such detached part shall remain a separate divisio for special and petty sessions of the county to which it shall be annere after the passing of this act, until the justices of the county, riding, part or division to which it shall be annexed after the passing of this act sbal have reconstituted such division for special and petty sessions of the peac
under the provisions of an act passed in the ninth year of the reign o 9 Geo. IV. c. 43. king George the Fourth, intituled 'An Act for the better Regulation o
Divisions in the several Counties of England and Wales,' and also of 22
act passed in the sixth and seventh years of the reign of king William 6 & 7 WIN, IV.c. the Fourth, intituled ' An Act for amending an Act of the Ninth Year 12.
the Reign of his late Majesty King George the Fourth, intituled “Ando for the better Regulation of Divisions in the several Counties of Englan
and Wales.'' 1 Error in stating
Sect. 4 provides and enacts, “That no judicial proceeding, or deed ca Dame of county other instrument in writing, shall be invalidated by reason of any error i not to invalidate
stating the name of the county to which such detached portion originai. legal documents,
belonged, instead of the county to which it will belong under this act, o the converse ; and that every proceeding at law, whether civil or criminal already commenced, or to be commenced before the 20th day of October next, shall and may be prosecuted and heard and determined exactly as if this act had not been passed, save and except in so far as it sba. be otherwise ordered by any of her majesty's superior courts of com mon law having jurisdiction in any case in which such order shall be
· made.” Saving of eccle. Sect. 5 provides and enacts, “ That nothing herein contained shai siastical rights. · alter or interfere with any ecclesiastical jurisdiction or right of patronage." Saving the rights Sect. 6. “And whereas as to some such detached parts there are