The magistrates' order for the rate in aid must specify the sum required, and be limited as to time; for if the contributing parish be ordered by the justices to raise sixpence in the pound on the annual value, till they give orders to the contrary, it is illegal on account of the whole sum required not being previously stated. The justices have not power to grant a perpetual order; for if one of them die, or be removed, no other can alter it. The power of justices is confined within their own precincts. When parishes have to crave the assistance of others, which are not in the same hundred, application must be made to the justices at their general quarter sessions, who are authorized to assess in aid any place or division within the same county.

The order

must spe

cify the

sum.

sions have

The jurisdiction of the quarter sessions, The ses in regard to rating in aid, does not extend no authoto two parishes, the one applying for relief it for

of the other, situate in the same hundred; or, in other words, does not interfere where

it is the province of two justices to determine. As, where a court of sessions made

rity making an order to original rate in aid.

Persons aggrieved

an original order within the circuit, in which two magistrates could have determined, as follows:-"It appearing to this court that the parish of Dunchurch, in the hundred of Worth, being overburdened with poor; and that the parish of Eastbridge, within the same hundred of Worth, having no poor relievable within the said parish; it is ordered, that the said parish of Eastbridge be, from henceforth, annexed to the said parish of Dunchurch; and that the occupiers of lands and tenements within the said parish of Eastbridge be chargeable and contributory towards the relief of the poor of the said parish of Dunchurch, the sum of twenty pounds a year, so long as the said parish shall be overburdened, and no poor within the said parish of Eastbridge." It was decided that this was an original order, which the sessions had no authority to make.

But although the sessions have no aumay appeal thority to make an original order for rating

to the

sessions.

in aid within the hundred, yet any person,

feeling himself aggrieved by the order of

two justices, for rating in aid, he may ap-
peal to the bench of justices, at their ge
neral quarter sessions, who have power to
quash the order, and make a new one.
"Should the justices in or out of quarter
sessions refuse to make an order of this
kind, the remedy is, by application for
a writ of mandamus to the court of King's
Bench; and it is immaterial although the
rule to show cause command them to rate
and assess a particular parish, instead of
commanding them to hear the complaint.
But the form of the mandamus, if it is
granted, should be to compel them to en-
quire, in the first place, whether the parish
stands in need of any assistance, and to act
accordingly."

Further ap

peal may be made to the King's

Bench.

112

SPRINGS AND WATER-WORKS.

Springs, where va

luable, ren

der land

rateable in

a higher degree.

Water conveyed out of one township into

another.

SPRINGS are the produce of land; and if turned to valuable account, are rateable with the land in which they are found. Springs cannot be rated distinctly from the land containing them, because that would be rating profits which are difficult to ascertain, and the springs occupy a part of the soil. The additional rate must be laid on the land on account of its containing a natural production, which renders it of greater annual value.

Also where a natural spring arises in one township, and is conveyed by a cut or pipes into another, and there makes a profit, by being distributed for the use of the inhabitants, the land containing the spring must bear an additional rate according to its improved value, acquired by the sale of

water.

“The New River company supply great part of London and Westminster with water from a spring rising in Chadwell Mead, in the liberty of Amwell, by means of a cut, called the New River, leading from the spring to a reservoir at Islington, whence it is distributed by engines and pipes to different parts of the metropolis, from which the company derive a considerable profit beyond the sum on which the property in question. was rated. It was described in the rate as "land in Chadwell Mead;" it contained about two acres, and consisted solely of the basin in which the spring rises, and so much of the cut from thence, called the New River, as lies in the liberty of Amwell. The sessions found that the annual value of the land, if not covered with water, would be 51.; that the whole profits of the company arise from the sale of the water, no part of which is distributed, nor is any received, or becomes due in Amwell. If the advantage which the company derives from the use of the spring may, by law, be included in the rate upon the canal, the land and the spring

I