to some overseer of the same place, and pay the balance of his accounts, if there be any due, before any of his other debts.

ON APPEALS AGAINST RATES.

grieved by

"In case any person or persons shall Persons agfind him, her, or themselves, aggrieved by the rate any rate or assessment made for the relief may appeal. of the poor, or shall have any material objection to any person or persons being put on, or left out of, such rate or assessment, or to the sum charged on any persons therein, or shall have any material objection to such account as aforesaid, or any part thereof, or shall find him, her, or themselves aggrieved by any neglect, act, or thing, done or omitted by the churchwardens and overseers of the poor, or by any of His Majesty's justices of the peace; it shall and be lawful for such person or persons, in any of the cases aforesaid, giving reasonable notice to the churchwardens or overseers of the poor of the parish, township, or place, to appeal to the next general

may

A rate may be altered without

quashing

or quarter sessions of the peace of the county, riding, division, corporation, or franchise, where such parish, township, or place lies; and the justices of the peace there assembled are hereby authorised and required to receive such appeal, and to hear and finally determine the same: but if it shall appear to the said justices that reasonable notice was not given, then they shall adjourn the said appeal to the next quarter sessions, and then and there finally hear and determine the same; and the said justices may award and order to the party, for whom such appeal shall be determined, reasonable costs."

Upon appeals against rates, the justices have discretionary power to amend such the whole. parts as shall appear to them to be unequally assessed, without quashing the whole rate. But if, upon an appeal against the whole rate, it shall be found necessary to quash and set aside the same, then the justices can order an entirely new and equal rate to be made.

of occu

When any person shall quit, and another On change shall enter to buildings or land, each person pation. must pay the rates according to the respective time of his occupation. In case of dispute, the proportions of each occupant to be ascertained by the justices. Where premises are unoccupied, the rates upon them commence from the time of entry.

Copies of pealed

rates ap

against to

on assessdelayed by appeals.

ments being

Copies of all rates and assessments are to be written in a book, provided and signed by the overseers, within fourteen days after be kept for all appeals against such rates are deter- inspection. mined, and kept by them and their successors for the inspection of the inhabitants. In the preamble of 41 Geo. 3. c. 23. it is observed, that in the act of 17 Geo. 2. power is given to justices of peace at their quarter sessions, upon appeals against rates and assessments, to amend the same where they shall see just cause of complaint; and in case an appeal shall have been laid against the whole rate, to quash it entirely, if they think fit. The operation of this law having put the overseers to much inconvenience, by preventing them from collecting

Rates must

be paid

peal.

sufficient money for the maintenance of the poor during the question of appeal, it is enacted, by the 41 Geo. 3. c. 23., that, upon all appeals against the rate, the court of general or quarter sessions shall, where they see just cause of complaint, amend the same, either by inserting therein, or striking out, any person's name, or by altering any sum, or in any other manner the Court shall think proper, and without quashing or wholly setting aside the rate. The Court has, however, power to quash the whole rate, if there appear to be urgent cause; but the assessment may be gathered on the rate, the same as if no appeal had taken place, until the question of its validity be decided.

The assessments may be recovered of during ap- the appellant by distress, if he refuse to pay them, notwithstanding he may have given notice of appeal against the rate; but he cannot be compelled to pay a greater amount of assessment than that in which he was assessed in the last effective rate, until the appeal be determined.

may order

ment of

rates to be

suspended.

In case the court of quarter sessions shall Justices order any rate to be quashed, the same the paycourt can decide that any sum of money charged in such rate shall not be paid; after which no proceedings shall be commenced for enforcing payment, and those which are commenced, shall not be further prosecuted.

appeal.

All notices of appeal against rates, or Notices of against the accounts of the overseers, shall be given in writing, and signed by the appellant, or his attorney on his behalf; and such notices shall state the particular causes or grounds of appeal; and shall be delivered to, or left at the houses of, two of the overseers.

The court of quarter sessions shall not examine or enquire into any other cause or grounds of appeal, than such as are specified in the notices.

may hear

without

With the consent of the overseers, signi- The Court fied by them or their attorney, in open appeals court, and with the consent of any other notice, by persons interested therein, the Court may both parproceed to hear and decide upon appeal,

с

consent of

ties.