Imatges de pàgina
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Rates to be made.

Overplus (if any) of the Money raised by such Distress and Sale shall be returned, on Demand, to the Owner or Owners of the Goods and Chattels so distrained; and such Penalty shall be paid into the Hands of the Treasurer under this Act, and applied in aid or reduction of the said Rates or Assessments; and every such Assessment made by such Assessor or Assessors shall be by such Assessor or Assessors entered in a Book or Books, and shall specify the Amount of the yearly Value of such several and respective Premises, the Names of the Occupiers liable to be rated, and a sufficient Description of the Premises, and such other Particulars as the said Commissioners shall require to be specified for enabling them to make a just and equitable Pound Rate or Assessment on the Occupiers thereof for the Purposes of this Act; and such Assessments so entered in such Book or Books shall be signed by such Assessor or Assessors, and the same, or a Copy or Copies thereof respectively, certified by such Assessor or Assessors to be a true Copy or true Copies respectively, signed by such Assessor or Assessors, shall be by such Assessor or Assessors delivered to the said Commissioners; and it shall be lawful for the said Commissioners to make any Amendment or Alteration which they shall consider necessary in any such Valuation, upon such Evidence as they shall consider satisfactory; and such Valuation, when approved by the said Commissioners, shall be signed by them, or any Five or more of them; and the Expences of making the same Valuations (to be allowed by the said Commissioners under their Hands) shall be paid by the Treasurer out of the Monies received by virtue of this Act.

XXIII. And be it further enacted, That for raising the Monies necessary from Time to Time for Payment of the Salary of the Justice to be appointed under this Act, and of the Clerks, Treasurer, and other Officers to be appointed as aforesaid, and for Payment of the Expences of applying for, obtaining, and passing this Act, (together with lawful Interest for any Money which shall have been advanced and paid for such Expences from the Time of advancing the same,) and also for Payment of the Charges and Expences of carrying this Act and the Purposes thereof into execution, it shall be lawful for the said Commissioners, and they are hereby authorized and required, from Time to Time, when and so often as shall be necessary, to make or charge or levy, or cause to be made or charged or levied, a just and equitable Pound Rate or Assessment upon all and every the Persons and Person who for the Time being shall inhabit, use, or occupy any House, Shop, Warehouse, Manufactory, Mill, Steam Engine, Lime Kiln, Brick Kiln, Slip-house, Stable, Coach-house, Barn, Shed, Cellar, Vault, Counting-house, Office, and other Building, or any Curtilage, Yard, Garden, Orchard, and Wharf, within the Limits of this Act: Provided nevertheless, that the Rate or Assessment for the first Two Years after the passing of this Act shall not (except as herein-after mentioned) exceed the Sum of Four-pence in the Pound in any One Year, and afterwards such Rates or Assessments shall not (except as herein-after mentioned) exceed in any one Year the Sum of Two-pence in the Pound, upon the Valuation made by the Assessor or Assessors and approved as aforesaid; and the Rates or Assessments to be made by the said Commis

sioners

sioners by virtue of this Act shall be entered in a Book or Books, and shall be signed by the said Commissioners, or any Five or more of them, and a Copy of such Rates or Assessments, signed by any Five or more of the said Commissioners, shall be delivered to the Collector or Collectors of such Rates or Assessments; and all such Rates or Assessments shall be payable and paid to the Collector or Collectors to be appointed by virtue of this Act by the Occupiers of the several and respective Premises so rated or assessed; and every Collector receiving any such Rate or Assessment shall on Receipt of each Payment make an Entry of such Receipt or Payment in the Copy so to be delivered to him as

aforesaid.

XXIV. And whereas it may be necessary to defray the Costs and Expences of purchasing, erecting, or providing Rooms, Lock-up Houses, and other Buildings, Offices, and Land for the 'Purposes of this Act as aforesaid;' be it therefore further enacted, That it shall be lawful for the said Commissioners to increase to any Extent not exceeding the further Sum of Sixpence in the Pound altogether, nor Two-pence in the Pound in any One Year, the Rate or Charge on the Occupiers of rateable Property within the respective Divisions wherein any such Rooms, Lock-up Houses, Buildings, Offices, or Land shall be deemed requisite by the said Commissioners to be provided for the Purposes aforesaid, and wherein any Twenty or more of the Inhabitants liable to be rated or assessed as aforesaid shall make any such Application or Requisition as herein-before mentioned: Provided always, that no such increased Rate shall be made or assessed after the Expiration of Two Years from the passing of this Act.

Rates may be increased in

certain Districts for erecting Offices.

XXV. Provided always, and be it further enacted, That no Rate Exemption or Assessment whatsoever shall be made in pursuance of this Act from Rates. upon any Person or Persons for or in respect only of his, her, or their being the Occupier or Occupiers of any Dwelling House which shall be under the actual annual Value of Four Pounds, nor upon any Person or Persons whomsoever in respect of the North Staffordshire Infirmary, nor for or in respect of any Town Hall, Court House, Police Office, or any public Market or Market House, (held upon public Trusts, and not for the Benefit of private Individuals,) or any Buildings, Stalls, Shambles, Bulks, Sheds, or other Conveniences which now are or hereafter may be erected or set up for the Use and Convenience of any such public Market, nor for or in respect of any Church or Chapel, or any School, Institution, or Building, held upon public Trusts, and appropriated exclusively for the Purposes of Religious Worship, Charity, Education, or Science.

XXVI. Provided always, and be it further enacted, That it shall and may be lawful for the said Commissioners, and they are hereby empowered, upon the Complaint of any Occupier of any Property subject to the Payment of the said Rates, to mitigate, reduce, lessen, remit, or excuse Payment of the said Rates, or any Part thereof, for or on account of actual Poverty or Inability to pay the

same.

Rates may be reduced, &c.

on account of Poverty.

XXVII. And be it further enacted, That it shall be lawful for Assessments the said Commissioners from Time to Time to amend any Rate or may be Assessment to be made by virtue of this Act by inserting therein amended.

the

Apportionment of Rates on Removal, &c.

Recovery of
Rates.

the Name or Names of any Person or Persons who ought to have been rated, or by striking out the Name or Names of any Person or Persons who ought not to have been rated therein, or by making such other Amendments or Alterations therein as will in the Judgment of the said Commissioners make such Rate or Assessment more equal, just, and conformable to the true Intent and Meaning of this Act; but no such Amendment or Alteration so to be made in any such Rate or Assessment shall be held to vitiate the same; and such Amendments or Alterations shall be certified under the Hands of Five or more of the said Commissioners.

XXVIII. Provided always, and be it further enacted, That in all Cases where any Person or Persons shall remove from or quit any. House or Premises rated or assessed or liable to be rated or assessed by virtue of this Act, such Person or Persons shall be liable to pay such Rate or Assessment in proportion to the Time that he, she, or they occupied the same respectively, in like Manner as if such Person or Persons had not removed from or quitted the same; and in all Cases where any Person or Persons shall come into or occupy any House or Premises rated or assessed or liable to be rated or assessed as aforesaid, out of or from which any Person or Persons who shall have been rated or assessed for the same shall be removed, or which at the Time of making any such Rate or Assessment was empty or unoccupied, the Person or Persons coming into or occupying the same shall be liable to pay such Rate or Assessment (although his, her, or their Name or Names may not be inserted in such Rates or Assessments) in proportion to the Time that such Person or Persons shall occupy the same, and in like Manner as if he, she, or they had been originally rated or assessed by Name for such House or Premises; which said respective Proportions, in case of Dispute, shall be ascertained and settled by the said Commissioners.

XXIX. And be it further enacted, That in case any Person or Persons who shall be rated or assessed or subject or liable to the Payment of any Rate or Assessment to be made and assessed as aforesaid shall refuse or neglect to pay his, her, or their Proportion or Proportions as aforesaid of any of the said Rates or Assessments to any Collector or Collectors to be appointed as aforesaid for the Space of Ten Days next after personal Demand thereof made, or Demand thereof in Writing left at the usual or last Place of Abode of such Person or Persons, it shall be lawful for any Justice or Justices of the Peace of the said County of Stafford, upon Proof made upon Oath of such Demand and Nonpayment, (which Oath any such Justice or Justices is and are hereby empowered and required to administer,) to issue a Summons for the Appearance of the Person or Persons so refusing or neglecting as aforesaid before him on a Day and Hour to be specified in such Summons, and upon such Appearance, or in case of Nonappearance of the Party summoned at the Hour appointed, then, on Proof of the Service of the Summons, by Warrant under the Hand and Seal or Hands and Seals of such Justice or Justices, (which he and they is and are hereby empowered to grant,) to authorize and direct the said Collector or Collectors to levy such Rate or Monies so in arrear, together with the Costs and Charges

attending

attending the same, to be ascertained by such Justice or Justices, by Distress and Sale of the Goods and Chattels of the Person or Persons so refusing or neglecting to pay as aforesaid, rendering the Overplus (if any), upon Demand, to the Owner or Owners of the said Goods and Chattels.

XXX. And be it further enacted, That Duplicates of all Rates Assessments and Assessments made, allowed, and signed by virtue of this Act may be inshall be deposited with the Clerk for the Time being of the Jus- spected. tice to be appointed by virtue of this Act, who shall permit any Person rated by virtue of this Act to inspect the same at all reasonable Times upon Payment of the Sum of Sixpence, and the further Sum of One Shilling for every Hour of such Inspection, and every Person making such Payments shall be entitled to take Copies of or Extracts from any such Rates or Assessments without being subject to any further Charge; but in case any Demand shall be made for a Copy or Extract thereof, then the Clerk of the said Justice shall, within as short a Space of Time after the making any such Demand as shall be absolutely requisite for making the same, make or cause to be made ready to be delivered a true Copy of all or any Part of such Rates or Assessments to any Persons rated as aforesaid, on being compensated and paid for the making of such Copy after the Rate of Sixpence for every One hundred Words or Figures thereof, and so in proportion for any greater or less Number of Figures or Words; and such Compensation shall not be accounted for as Fees, but shall be retained by such Clerk for his own Use.

XXXI. And be it further enacted, That every such Book of the Rate Books, Valuations and Rates or Assessments, and every such Copy thereof, &c. duly signed and the several Entries therein, signed or certified pursuant to the to be Evidence. Directions of this Act, shall be received by all Judges, Justices, and others as Evidence of the Rates and Assessments imposed by virtue of this Act, and of the Payment of such of them, or any Part thereof, as shall by any such Entries appear to have been paid to such Collector or Collectors.

XXXII. And for the Purpose of facilitating the Collection and Receipt of the Rates to be made by virtue of this Act, be it further enacted, That it shall be lawful for the Commissioners acting in execution of any Act passed or to be passed for the Purpose of watching or lighting or improving or regulating the Police in any Division of the District to which the Jurisdiction of the Stipendiary Justice to be appointed by virtue of this Act is by this Act limited to appropriate, out of the Monies to be by such lastmentioned Commissioners respectively raised in such Divisions respectively by Rates on Occupiers of Property liable to be rated by virtue of this Act within such Divisions respectively, any Sum or Sums of Money not exceeding the full Amount of such Sum as shall from Time to Time be assessed under any Rate to be made by virtue of this Act upon such rateable Property within any such Division, and to pay the same to the Collector or Collectors of the Rates under this Act within the same Division; and every such Payment shall be deemed and taken to be and is hereby declared to be in lieu of the Collection of the same Rate under this Act within the Division for which such Payment shall be made, and which thereupon shall not be collected therein, any thing in

Provision for

Payment of
Rates out of

Police Rates in
certain Cases.

How Penalties,

Forfeitures, and
Fines are to be

recovered and
applied.

this Act contained to the contrary notwithstanding; and such Payment so to be made by the Commissioners of any such Division as aforesaid to the Collector or Collectors of the Rates under this Act within the same shall be in satisfaction of such respective Rates, and shall be applied for the Purposes of this Act accordingly. XXXIII. And be it further enacted, That all Penalties, Forfeitures, and Fines by this Act imposed, the Manner of levying, recovering, and applying of which is not herein otherwise particularly directed, shall, upon Proof of the Offence or Offences respectively before any Justice or Justices of the Peace for the said County of Stafford, either by the Confession of the Party or Parties offending, or by the Oath or Affirmation of One or more credible Witness or Witnesses, (which Oath or Affirmation such Justice or Justices is and are hereby empowered and required to administer,) together with all such Costs, Charges, and Expences as such Justice or Justices respectively shall adjudge and determine to be fair and reasonable and proper to be allowed, and which he and they is and are hereby authorized and empowered to ascertain and determine accordingly, be levied by Distress and Sale of the Goods and Chattels of the Party or Parties offending by virtue of a Warrant or Warrants under the Hand and Seal or Hands and Seals of such Justice or Justices, which Warrant or Warrants such Justice or Justices is and are hereby authorized and required to grant; and the Overplus, after deducting such Penalties, Forfeitures, and Fines, Costs, Charges, and Expences, and the Charges of such Distress and Sale, shall be returned, on Demand, to the Owner or Owners of such Goods and Chattels; and if sufficient Distress cannot be found, and such Penalties, Forfeitures, and Fines, Costs, Charges, and Expences, shall not be forthwith paid, such Justice or Justices is and are hereby authorized and required to direct the Offender or Offenders so convicted to be detained and kept in safe Custody until Return can conveniently be made to such Warrant of Distress, unless the Offender or Offenders shall give sufficient Security to the Satisfaction of such Justice or Justices on such Day or Days as shall be appointed for the Return of such Warrant of Distress, (such Day or Days not being more than Seven Days from the Time of taking any such Security,) and which Security the said Justice or Justices is or are hereby empowered to take by way of Recognizance or otherwise; but if upon the Return of such Warrant it shall appear that no sufficient Distress can be had thereupon, and such Penalties, Forfeitures, and Fines shall not be paid, or in case it shall appear to the Satisfaction of any such Justice or Justices that he hath not sufficient Goods and Chattels whereupon such Penalties, Costs, and Expences could be levied if a Warrant of Distress were issued, such Justice or Justices shall not be required to issue such Warrant of Distress, and thereupon it shall be lawful for the said Justice or Justices of the Peace as aforesaid, or any other Justice or Justices of the Peace for the said County, and he and they is and are hereby authorized and required, by Warrant or Warrants under his or their Hand and Seal or Hands and Seals, to cause such Offender to be committed to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Time not exceeding Three Calendar Months, unless such

Penalties,

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