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Borough or collector he shall apply it towards the next rate required Rate.
under this section, or pay it to his successor in office.
(6.) In default of his so applying it while in office, or making payment to his successor within seven days after the balance is found, the auditor shall proceed to recover it.
(7.) The officers ordinarily employed in the collection of the poor rate shall, if required by the overseers, collect the rate under this section, and shall receive thereout such remuneration for the additional duty as the overseers, with the consent of the vestry, determine.
(8.) The collector or other person appointed shall, for the purposes of this section, bave all the powers of overseers.
(9.) The overseers, in estimating the amount of their assessment under this section, may include a sum for costs of assessment and collection, and a reasonable sum for rates excused or irrecoverable.
[The effect of section 2 of 12 & 13 Vict. c. 65, section 10 of 13 & 14 Vict. c. 101, section 37 of 39 & 40 Vict. c. 61, and section 17 of 42 & 43 Vict. c. 54,
is preserved in this clause). Rating of 147.—Where the vestry of a parish has made or makes, before owners instead of occupiers for or after the commencement of this Act, under section four of certain cases. The Poor Rate Assessment and Collection Act, 1869, an order,
as in that section provided, to the effect that the owners, instead of the occupiers, of such rateable hereditaments, as therein mentioned, shall be rated to the poor rate in respect thereof, every such order, while in force after the commencement of this Act, shall be deemed to apply to and include rating to the borough rate, with the same incidents, conditions, powers, liabilities, and remedies as if the borough rate were a poor rate.
[The section here cited (32 & 33 Vict. c. 41, 8. 4) is as follows :
"The vestry of any parish may from time to time order that the owners of all rateable hereditaments to which section three of this Act extends, situate within such parish, shall be rated to the poor rate in respect of such rateable hereditaments, instead of the occupiers, on all rates made after the date of such order, and thereupon and so long as such order be in force the following enactments shall have effect:
(1.) The overseers shall rate the owners instead of the occupiers, and shall allow to them an abatement or deduction of fifteen per centum from the amount of the rate;
(2.) If the owner of one or more such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for any term not being less than one year in respect of all such rateable hereditaments of which he is the owner whether the same be occupied or not, the overseers shall rate such owner accordingly, and allow to him a further abatement or deduction not exceeding fifteen per centum from the amount of the rate during the time he is so rated;
(3.) The vestry may by resolution rescind any such order after a day to be fixed by them, such day being not less than six months after the passing of such resolution, but the order shall continue in office with respect to all rates made before the date on which the resolution takes effect;
Provided that this clause shall not be applicable to any rateable hereditament Borough in which a dwelling-house shall not be included”].
Rate. 148,-Any warrant required for the levy or collection of a Warrants for borough rate may be issued by the mayor, signed by him, and borough rate. sealed with the corporate seal. [The effect of section 5 of 6 & 7 Will. 4, c. 104 (1836), is preserved in this clause).
149.- All sums levied in pursuance of the borough rate shall Borough rato go to the borough fund : and, subject to the foregoing provisions borough fund
and its applica. of this part, the same shall be applied to all purposes to which tion. the borough fund is applicable under this Act, or otherwise by law; and, as regards a borough named in the schedules to the Municipal Corporations Act, 1835, to all purposes to which, before the passing of that Act, a borough rate was by law applicable in the borough, or a county rate was applicable in a county.
[The effect of section 92 of the Act of 1835 is preserved in this clause. By a local Act, passed in 1851, certain property before vested in commissioners was vested in the corporation of Birmingham. Power was given to the council of purchasing land for the purposes of the Act and of executing certain improvement works specified in a schedule ; the expenses of the works for making new approaches to the town hall, and for enlarging and altering the existing streets to be defrayed by a " street improvement rate" not exceeding 6d in the pound, and mortgageable to the extent of £100,000 ; and all other expenses of carrying the Act into execution to be defrayed by a “borough improvement rate not exceeding 2s. in the pound, and mortgageable to the extent of £150,000. From the street improvement rate certain classes of persons were wholly exempted, and canal and railway companies were in part exempted. Nothing therein contained was to alter any of the powers, privileges, and authority vested in the corporation by any past or future Acts in relation to municipal corporations. By another local Act passed in 1861 certain other specified improvements were provided for, and it was decided that the expense (amongst other things) of widening and improving certain specified streets was to be defrayed out of " the street improvement rate.” The Corporation Mortgages Act, 1860, empowered corporations generally, with the approbation of the Treasury, upon application made after due notice given, to make purchases of land for public purposes ; but nothing therein contained is to “repeal, abridge, or affect" any power or authority of any body corporate or council under any local Act. The corporation of Birmingham having contracted for the purchase of land for the widening of a street (not comprised in the works specified in the local Acts of 1851 and 1861), and having, after due notice given, and after all parties interested in the scheme had been heard before a commissioner deputed by the Treasury, obtained the sanction of the Treasury to the purchase of the land and the charging of the borough fund with the purchase money. Held upon the construction of the statutes that the corpora tion were lawfully empowered to raise the purchase money out of the borough fund. Attorney-General v. Corporation of Birmingham (3 Eq., 552).
In an information against a corporation to restrain them from applying certain funds in aid of the borough fund, a decree was made by which the corporation was ordered to pay to the relator the costs of the information. Held that the relator was entitled to charge these costs apon á fund standing in trust for the corporation and arising from the proceeds of the sale of property belonging to the corporation. Attorney-General v. Corporation of Thetford (8 W. R., 467).
Burgesses having been omitted from the list of voters, obtained a rule nisi in the Queen's Bench calling on the mayor to show cause why he should not hold a court to revise the list. The mayor instructed an attorney to show cause. The court made the rule absolute. The attorney brought an action against the corporation for his costs. Held that the litigation on the part of the mayor having been justifiable, the costs were payable out of the borough fund under the 5 & 6 Will. 4, c. 76, s. 92. Lewis v Jayor, $c., of Rochester (3 L. T., N. S., Q.B., 300).
A waterworks company, established to supply water to the borough of SRate.
was empowered by Act of Parliament to make rules and regulations which, before coming into force, were to be approved of by two justices of the borough. Certain of such proposed rules and regulations having been brought before the justices for approval, it was thought by the corporation that they should be opposed. Expenses were incurred in so opposing them, and the opposition was in great part successful. The company also promoted a Bill in Parliament, with the view of obtaining further powers. The corporation, considering that the bill was objectionable, opposed it in Parliament, and it was eventually withdrawn. Orders were made for the payment out of the borough fund of the expenses incurred in opposing the rules and regulations and the bill promoted by the company. Held that as the expenses above mentioned could not be expenses “necessarily incurred in carrying into effect the provisions" of the Municipal Corporations Acts within the 92nd section of the Act, and as they did not fall within any of the payments specified in the Act, they were not chargeable upon the borough fund, and that the orders were invalid. Reg. v. The Corporation of Sheffield (40 L. J. R., N. S., Q. B., 247).
A surplus which arises only from a borough rate and not from the sources of income described in section 139 cannot be regarded as a surplus of the borough fund applicable to the purposes authorised by section 143—Reg. 7. Mayor of Sheffield, L. R., 6 Q. B., 666.
See also section 143 and note at page 130.] County Rate.
County Rate* General
150.-(1.) Where a borough has a separate court of quarter ex mption of quarter sessions, the justices of a county wherein the borough or any part sessions boroughs from thereof is situate shall not assess any hereditaments in the borough county rate.
to any county rate; and, exceptasis expressly by this Act provided, every part of the borough shall be wholly free from contributing to any rate or assessment of any kind of and for that county.
(Boroughs are not exempted from rates assessed on the Hundred. See Birley v. Inhabitants of the Hundred of Salford (11 M. & W., 391).
The parish of Ramsgate, being a member of the Cinque Port of Sandwich, was subject to the jurisdiction of the quarter sessions of Sandwich, but not to those of the county of Kent, in which it was situate. In 1878 Ramsgate, together with a portion of the county of Kent, called the “ added area" was put under commissioners for paving, &c., by a local act, which provided that if a charter were granted to the whole district the quarter sessions of Sandwich should have jurisdiction over the “ added area” as previously over Ramsgate. The act contained a clause that whereas if a charter were granted the lands in the "added area" would cease to be liable to county rates, they should still continue liable for the old mortgage debt of the county. In 1884 a charter was granted to the whole district which was incorporated as the borough of Ramsgate :--Held that the borough of Ramsgate was a borough having a separate court of quarter sessions, and that the “added area” from the county of Kent, was no longer liable to county rates. Held, also, that a separate court of quarter sessions in sec. 150 of the above Act means a court separate from that of the county. Oversee, s of St. Lawrence v. Kent, JJ. . . . .51 J.P., 262].
(2.) But nothing in this section shall prevent the levy or collection of arrears of any county rate made before the grant of a separate court of quarter sessions.
[The effect of section 112 of the Act of 1835 is preserved in this clause]. Liahility of 151.—The municipal corporation of a borough having a quarter sessions separate court of quarter sessions shall be liable to pay such borough for prosecution
* Sections 35 to 39 of the Local Government Act, 1888, should be also referred to expenses of county.
in connection with this subject.
other county expenses.
sums, if any, as are expended out of the county rate of the County Rate. county in which the borough is situate, and as are not otherwise paid or chargeable, in respect of the costs arising out of the prosecution, maintenance, conveyance, transport, or punishment of all offenders committed for trial from the borough to the assizes for the county.
[The effect of section 114 of the Act of 1835 is preserved in this clause, the opening words of which are inserted with reference to Rey. v. New Windsor (i Q. B. D., 152), and Reg, v. Monck (2 Q. B. D., 551]. 152.-(1.) If the whole or any part of the area for the time Liability of
certain quarter being comprised in a borough having a separate court of quarter sessions
boroughs to sessions was, before the eleventh of July, one thousand eighi hundred and thirty-two, chargeable with or liable to contribute to the county rate of the county in which it is situate, the municipal corporation shall, in addition to its liability to pay for the purposes mentioned in the last foregoing section, continue liable to contribute to the county rate for other purposes (in this Act referred to as general county purposes), as if this Act had not been passed.
(2.) General county purposes shall not include the costs arising out of coroners' inquests, or the expenses incurred under the Sale of Food and Drugs Act, 1875.* in respect of the county, or, in the case of a borough having its own inspector of weights and measures, the expenses relating to the inspection of weights and measures for the county, or payments to or in respect of special constables.
[The effect of section 117 of the Act of 1835, section 5 of 16 & 17 Vict. c. 79 (1853), and section 5 of 42 & 43 Vict. c. 30, is preserved in this clause).
1537.-(1.) The treasurer of each county shall, not more than Mode of twice in every year, send to the council of each borough situate by borough in the county and having a separate court of quarter sessions an account showing separately(a.) The sums, if any, expended out of the county rate in
respect of the costs arising out of the prosecution,
assizes for the county; and
for general county purposes, all sums expended out of
• The 38 & 39 Vict. c. 63.
+ See hereon section 32, subsection 8, of the Local Government (England and Wales) Act, 1888, which directs this sectior to apply with the exception noted on the next page in respect of an arbits ator.
the county rate for general county purposes, and all sums received in aid or on account of the county rate, and the proportion chargeable on the borough of the sums so
expended after deduction of the sums so received ; and shall make an order on the council for the payment of the sum appearing by this account to be due from the municipal corporation of the borough.
(2.) The council shall thereupon forth with order the sum so appearing to be due, with all reasonable charges of making and sending the account, to be paid to the treasurer of the county out of the borough fund.
(3.) If the order is not complied with, two justices for the county may, on the complaint of the treasurer of the county, made within one month after the issue of the order, issue and send to the treasurer of the borough a warrant requiring him to pay to the treasurer of the county, besides the sum mentioned in the order, the additional sum mentioned in the warrant, the Bume being calculated in the proportion of one shilling to every ten on the sum mentioned in the order; and until payment thereof the treasurer of the county shall have, in respect of the warrant, all the powers for the recovery thereof which are given against a guardian or overseer for the recovery of county rates and surcharges.
[The mayor of a borough without a commission of the peace is ex officio a justice for the borough whose judicial acts are binding on justices of county in which the borough is situate. - Wilson v. Strugnell (L. R., 7 Q. B. D., 548)).
(4.) If any difference arises concerning the account, it shall be decided by the arbitration of a barrister*, named, on the application either of the treasurer of the county or of the treasurer of the borough, by the Secretary of State. The arbitrator may, if he thinks fit, adjourn the hearing from time to time, and may require all such information to be afforded by either party as he thinks fit. “He shall by his award in writing determine the amount to be paid by the council to the treasurer of the county, and his award shall be final and conclusive. He shall also assess the costs of the arbitration and determine by whom and out of what fund they shall be paid.
[The effect of section 117 of the Act of 1835 is preserved in this clause. Subsection 3 includes the effect of section 38 of 15 & 16 Vict. c. 81 (1852), and subsection 4 that of section 2 of 5 Geo. IV., c. 85).
* By clause 32, subsection 8, of the Local Government (England and Wales) Act, 1888, the commissioners named in that Act are to arbitrate on the adjustment of financial relations between counties and boroughs. See Appendix.