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41 Geo. 111. before mentioned ; and the first year for which such rates or assessments c. 30.
shall be made, shall commence at, and be computed from and after the
twenty-fourth day of June next after the passing of this act, and the v
money so to be rated and assessed, shall from time to time be paid by * Por more such several tenants or occupiers as aforesaid, and they are hereby required *.!!! Some to pay the same by half yearly payments to the collector or collectors to
be appointed by tlie said commissioners as aforesaid; but no rate or assess. ment to be made in pursuance of this act, shall be valid until the same shall be allowed, and signed by five of the said commissioners at the least, and the said assessor or assessors shall appear at such time and place as the commissioners shall, by writing signed by them, order and appoint, and then and there produce and deliver to them two copies, or duplicates of the assessment made and subscribed by sucb assessor or assessors, and shall from time to time, upon reasonable notice to him or thein given by the said commissioners, attend the said commissioners at any of their meetings, then and there to explain such rates and assessments; and that after such rate or assessment shall be made and allowed, and signed, settled, ascertained, and fixed as aforesaid, and the money thereby made payable shall be collected and received by the collector or collectors to be appointed as aforesaid, as soon as mav be, of and from the respective persons who shall be so rated or assessed, and the said commissioners shall from time to time, as soon as may be after such rate or assessment shall be made, allowed, and signed, settled, ascertained, and fixed as aforesaid, cause a duplicate thereof signed by them, to be delivered to the said collector or collectors, and shall also issue their orders to the said collector or collectors, requiring him or them to collect and receive the respective sums of money made payable by such rate or assessment, and such collector or collectors is and are hereby authorised and required to collect and receive the same accordingly, and also once at least in every month or oftener, if directed so to do by the said commissioners, by writing signed by their clerk for the time being, to pay the money so to be collected and received by virtue of this act, to the treasurer for the time being to the said commissioners, or to such person or persons as the said commissioners shall appoint to receive the same, to be applied to and for the uses and purposes hereinbefore mentioned ; and all and every such collector or collectors shall, and is and are hereby required, at the time of making every such payment of the money so respectively collected as aforesaid, to deliver to the person or persons empowered to receive the same, a true and exact account of all sums of money received by them respectively, and also of such sunis of money, rates, or assessments (if any) which shall remain uncollected, together with the reasons why the same have or had not been collected, to the end that it may appear whether such non-payment or non-collection happened through the insolvency of the person rated, or through the default of the collector or collectors; and if any person who shall be appointed, or accept the office of assessor or col. lector in virtue hereof, shall afterwards refuse or neglect to take upon himself and execute his said office, without showing some reasonable cause, to the satisfaction of the said commissioners for such refusal or neglect, or shall wilfully make default in the performance of the duty of bis said office, or over-rate any person or persons, or collect more than the sum which shall have been so rated or assessed as aforesaid, or otherwise misbehave himself therein, he shall for every such refusal, neglect, default, or misbehaviour, forfeit and pay any sum not exceeding five pounds, to be re
covered as other penalties are hereinafter directed to be recovered, and also Commissioners in be discharged from bis said office, if the said commissioners shall think fit. order to ascertain LXIV. And, in order to ascertain the rates and assessments to be made the Rates, may, by virtue of this act, Be it further enacted, That the commissioners shall order the Parish Rate Books or
and may, and they are hereby authorized and empowered to cause any of Land Tax Books the books or assessments of rates towards the relief of the poor of the said to be produced, parish of Sculcoates, and if they shall think fit, any of the books or assessand Copies
ments of the land tax to be brought before them, and to take copies of such thereof made.
books or assessments, or of any part thereof, without fee or reward; and if any person or persons in whose custody or power any of the said books or assessments shall be, shall refuse or neglect to attend the said commissioners with such books or assessments, or to permit them to take copies thereof, then and in every such case such person who shall so refuse or neglect, sball for every such offence forfeit and pay any sum not exceeding ten pounds,
23 LXV. And be it further enacted, That if such assessor or assessors shall 41 Geo, III, at any time or times hereafter, in any rates or assessments by him or them
C. 30. to be made by virtue or in pursuance of this act, neglect or omit to rate or assess any person or persons liable to pay or to be charged with such rates or assessments, or shall in such assessments under-rate any such person If Assessors assess or persons liable to pay such rates or assessments, then and in every such the Rates impro. case it shall be lawful for the said commissioners to rate and assess in the perly, Commis. said rates or assessments, such person or persons. So omitted to be rated or amend or alter assessed, and to raise such person or persons so under-rated, or amend such the old Rates. rates or assessments as aforesaid, in such manner as to the said commis. sioners shall seem just and reasonable, and that the said conmissioners shall and may, and they are hereby empowered to strike out the name or names of any person or persons whom they shall determine not to be liable to the payment of the rates hereby directed to be made; and that all such additions to or alterations in the old or former rates or assessments, shall be as valid and effectual, to all intents and purposes whatsoever, as if the same had been part of the original, or old or former rates or assessments; ány statute, law, usage, or custom to the contrary in any wise notwith- : standing. 1 LXVI. And be it further enacted, That if the tenant or occupier of any Tenants to pay messuage, house, warehouse, shop, cellar, building, garden, land, tenement, the Rates or hereditament, upon or in respect of which any rate or assessment shall be charged or imposed by virtue of this act, shall at any time neglect or refuse to pay the rates or sums of money which shall be so rated or assessed as aforesaid, for the space of fourteen days after the same shall be due, and demand made thereof by notice in writing under the band or hands of the collector or collectors of the said rates, to be delivered to such tenant or occupier, or left at his or her dwelling house, or usual or last place of abode, or at the tenemeut occupied, then upon proof thereof upon oath (or affirmation being a quaker) before any justice of the peace for the said East Riding, the same shall and may be levied and recovered by distress and sale of the goods and chattels of every sucb tenant or occupier, by warrant under the hand and seal of such justice of the peace, rendering the overplus (if any) after deducting the sum or sums due in respect of sucli rates or assessments, and all charges and expences attending the recovery thereof, to the owners of such goods and chattels, upon demand.
LXVII. And be it further enacted, That in all cases where any person jow Rates to be shall remove from or quit any messuage, warehouse, building, garden, paid liy Tenants land, tenement, or hereditament which shall be rated or assessed by virtue quitting or
enlering of this act, such person shall be liable to pay such rates or assessments in proportion to the time that he or she occupied the same, in like manner as if such person or persons had not removed or quitted the same, and in all * cases where any person shall come into or occupy any such messuage, ware"house, buildings, gardens, lands, tenements, or hereditaments as aforesaid, out of or from which any other person 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 or were empty or unoccupied, the same shall, for
and in respect of his, her, or their occupation thereof, be liable to any such 2 rate or assessment in proportion to the time that he or she shall occupy the
samé, in the same manner as if he or she had been originally rated or assessed for such messuage, warehouse, buildings, gardens, laurds, tenements,
or hereditaments, which said respective proportions, in case of dispute, shall *** be settled and ascertained by the said commissioners in such manner as
Persons they shall judge reasonable ; and in case any person who having been so
removiug. ) rated and assessed as aforesaid, shall quit his or her messuage, warehouse,
building, garden, land, tenement, or hereditament, before he or she shallI have paid such rate or rates, or proportionable part or parts thereof, . ..!!! baby him or her due and payable, and shall afterwards refuse or neglect to -2.pay the same when demanded, it shall and may be lawful for the said col. 2. QUE
lector or collectors, by warrant under the hand and seal of any justice of II the peace for the said East Ridiug of the county of York, or for the city,
county, riding, division, liberty, town, or place where such person shall 279fémove to or reside, or where any goods or chattels of such person shall be 10 found (which warrant such justice is hereby required to grant upon proof is made of the sunn so due, before bin, upon path of a credible witness or wit
41 Geo. III, nesses (or affirmation being a quaker) to levy such rate or rates, or proporc. 30.
tionable part or parts thereof, by distress and sale of the goods and chattels of such person, rendering the overplus, and tbe goods and chattels remaina ing (if any be) upon demand, after payment of the money due in respect of such unpaid rate or rates, or proportionable part or parts, and all expences attending the recovery thereof, unto the person or persons whose goods and
chattels have been so distrained and sold. . . . . op:119 bab If more than one LXVIII. And be it further enacted, That where any messuage, ware Tenant or Occu- house, building, garden, land, tenement, or hereditament, which shall be pierany One may be liable to pay
rated or assessed by virtue of this act, shall be let or demised to more than the Rates, one tenant or occupier, any one or more of such tenants or occupiers shall
be deemed the occupier or occupiers thereof, for the purposes of this aet, and the said rates or assessments shall be levied by distress and sale int manner last herein before mentioned, of all or any of the goods and chattels in such messuage, warehouse, building, garden, land, tenement, or heredi
tament, Exemption from LXIX. Provided always, and be it further enacted, That no person shall Rates.
be rated, or pay the rates or assessments which shall be made by virtue or in pursuance of this act, who shall occupy a house or houses within the said parish of less than the yearly value of eight pounds, and ne rate or assess ment shall, by virtue of this act, be charged or made payable by any person who, by reasou of his or her own poverty only, is or shall be excused from paying any rate made for the relief of the poor, nor shall any person be charged or rated in or by such rate or assessment as aforesaid, in or on ac-> count of any lands whatsoever, which shall at any time of making any such rate or assessment be used as arable land, ineadow or pasture ground only, and shall not adjoin to some street, square, lane, or other publie passage or place which shall be watched and cleansed in virtue or in pursuance
hereof. Houses, &c.
LXX. Provided also, and be it further enacted, That no messuage, wareunoccupied pot to be rated.
house, building, garden, tenement, or hereditaments, hereby made liable to be rated or assessed, shall be charged or chargeable with any rate or assess
ment as aforesaid, during the time the same be empty or unoccupied. Dock Company's LXXI. Provided likewise, and be it further enacted, That no messuage, Messuages, &c. warehouse, buildings, lands, or tenements, or any other of the possessions not rateable.
of the dock company at Kingston-upon-Hull, shall be charged or charge
able with any rate or assessment by virtue of this act. Exemption from
LXXII. And be it further enacted, That no person shall be rated, or pay Rates.
the rates or assessments which shall be made by virtue or in pursuance of this act, for the purpose of purchasing such lamps and other requisites at. tending the lighting thereof as aforesaid, for or in respect of any houses, warehouses, shops, cellars, vaults, stables, coach houses, brewhouses, gra naries, malthouses, or other buildings, lands, and premises situate in such part of the parish of Sculcoates aforesaid, as the dock company of Kings ston-upon-Hull aforesaid are, by act of parliament, covenant, or othera wise, obliged to provide or furnish with lamps, lamp posts, Jamp irons,
lamp oil, and other requisites attending the lighting thereof. in in Commissioners LXXIII. And whereas there are and may be several messuages, buildwith the Appro ings, tenements, lands, and grounds, which by reason of their distance from bation of Justices, to
the said streets, squares, lanes, or public passages or places, can receive adjudge what little or no advantage from the general watching, lighting, or cleansing Houses, &c. shall thereof, and others which are or may be so situated or circumstanced as to not be rated.
render it unnecessary or inexpedient to light, watch, or cleanse the same; Be it therefore further enacted, That it shall be lawful for the said commissioners to adjudge and determine, with the approbation of two or more Justices of the peace for the East Riding of the said county of York, not: being commissioners under this act, how far it may be expedient to light, watch, or cleanse such distant place or places so situated as aforesaid, and wbich of the messuages, buildings, tenements, lands, and grounds, shall be liable to be rated and assessed as herein before is directed, and that it shall not be lawful for the commissioners to lay any rate or assessment on such, messuages or other premises, as they shall so adjudge and determine, with such approbation as aforesaid, to be at such distance, or to be so circumstanced as not to receive adequate advantage from the general purposes of this act.
- 7LXXIV. And be it further enacted, That if any person or persons shall 41 Geo. 111. think himself, herself, or themselves aggrieved by any rate or assessment, rates or assessments, which shall be made in pursuance of this act, such
c. 30, person or person's shall and may first apply for relief to the commissioners, at the first or second meeting to be holden next after demand shall be made Perso
Persons agof such rate or assessment, and the said commissioners are hereby authorized greived by Rates and en powered, if they shall think the person or persons aggrieved, to may aj.ply 10 the give such relief in the premises as to them shall seem reasonable, and if any Commissioners: 1 person or persons so applying to such commissioners, shall not be satisfied* 347 390) 493's riq with their order or determination, or such application shall not be attended to plebend
91831 it to by the commissioners, at such first or second meeting as aforesaid, then súeh person or persons shall nevertheless be obliged to pay such rate, and then and not before may appeal in the manner hereinafter mentioned to the general quarter sessions of the peace, to he holden in and for the East Riding of the said county of York, for relief in the premises.
LXXV. And be it further enacted, That the present and future foot ways The Pavements y and carriage ways of or belonging to any bridge or public building, now of public Build making or building, or which shall hereafter be made or built within the
the same Regulasaid parish of Sculcoates, shall be paved and kept in repair at the expence of the person or persons in whom such bridge or public building is or shall private ones. for the time being be vested, and that the present and future foot ways and carriage ways of or belonging to, or before, behind, and at the side of any building now made or erected, or which shall or may hereafter be made or erected within the said parish, and set a part or used for the amusement of the inhabitants thereof, or for the town of Kingston-upon-Hull, or of the publie in general, shall be paved and kept in repair at the expence of the owners or proprietors thereof for the time being, and that the present and future foot ways and carriage ways of or belonging to, or before, behind, and at the side of any church or chapel now made or built, or making or building, or which shall hereafter be made or built within the said parish, in ease of the parish church of Sculcoates aforesaid, and to the church yard or burial ground belonging to such church or chapel of ease, and belong. ing to the said parish, shall be paved and kept in repair at the expence of the churchwardens of the said parish; but if such church or chapel or burial ground shall be built or made by any private person or persons, then the same footways and carriage ways shall be paved and kept in repair by the owner or proprietor, owners or proprietors, for the time being of the same church or chapel, or burial ground; and that the present and future footways and carriage ways of or belonging to, before, behind, or at the side of any dissenting meeting house or meeting houses, yard, chapel, or burial place, or ground now made or built, or making or building, as well as such as shall hereafter be made or built within the said parish, shall be paved and kept in repair at the expence of the respective ministers and deacons, or other persons usually officiating therein, or having the care or management of the same; and all the same foot ways and carriage ways, and the flagging and paving thereof, shall be made, flagged, paved, repaired, amended, cleansed, lighted, and watched, and be subject to the same regu·lations and penalties respectively, and such penalties shall be recovered respectively in the same manner as is and are hereinbefore expressed, provided, and inflicted, concerning or with respect to the other foot ways and carriage ways, in or of the street, squares, lanes, and public passages and places, now made or built within some part of the said parish of Sculcoates,
LXXVI. And, for the more effectually enabling the said commissioners Commissioners to execute the purposes of this act in the most expedient manner, Be it empower?d to
borrow Money further enacted, That it shall be lawful for the said commissioners, and they
on the Credit of are bereby empowered from time to time, when they shall judge it neces- the Rates. sary, to borrow and take up at interest any sum or sums of money, not exceeding in the whole at any one time the sum of three thousand pounds, upon the credit of the rates or assessments to be made by virtue of this act,
for the purposes aforesaid, and by any writing or writings upon vellum or - parchment, signed by the said commissioners, to assign the said rates or assessments, or a competent part thereof, to such person or persons as shall advance and lend such money thereupon, as a security or securities for the several sums so borrowed, with lawful interest for the same, which interest shall be payable and paid half yearly, by the treasurer for the time being to
. Improvement of Sculcoates. Mortgage of Rutes. [Part 111.
41 Geo. III.
Form of the Grant or Security.
Notice to be given before Money shall be borrowed.
the commissioners, out of the monies to arise or be levied by or from the
of the commissioners appointed by virtue of the said “act, in consideration of the sum of
advanced and “ paid by
the treasurer appointed “in pursuance of the said act, upon the credit and for the purposes of “the said act, do grant and assign unto the said
his executors, administrators, and assigns, such pro“ portions of the rates or assessments arising by virtue of the said act, “ as the said sum of
doth or shall bear to the “ whole sum which is or shall be borrowed upon the credit of the same " act, to be had and holden from this
until the said “sum of with interest at
per centum per “ annum for the same, to be paid half yearly, shall be repaid and satis. “fied. In witness whereof we have hereunto set our bands and seals, " this
day of And every such grant or mortgage shall be good, valid, and effectual in law.
LXXVII. Provided nevertheless, and be it further enacted, That before any such money shall be so' borrowed at interest as hereinbefore mentioned, fourteen days notice, signifying the intention of borrowing such money at interest as aforesaid, shall be given and published in the manner first hereinbefore mentioned with respect to other notices to be given by virtue of this act.
LXXVIII. And be it further enacted, That it shall be lawful for any person or persons entitled to any of the securities aforesaid, and his, her, or their executors, administrators and assigns, at any time or times, by writing under his, her, or their hand or hands respectively, to assign or transfer such securities, by indorsement, to any person or persons wbomsoever, and the person or persons to whom such assignment or transfer shall be made, or the person or persons for the time being entitled to such securities, may in like manner assign or transfer the same; and every such assignment or transfer, after the same shall respectively be entered by the clerk for the time being to the said commissioners, in the manner hereinafter directed, and wbich he is required to do for such fee or reward as is hereinafter mentioned, shall entitle the person or persons to whom they shall be respectively made, or wbo shall be for the time being entitled thereto, and his, ber, or their executors, administrators, and assigns, to the benefit of the security or securities so assigned or transferred; and the form of such assignment or transfer shall be in the words or to the effect following ; (that is to say) "I for, we]
being entitled to the “ sum of
payable with interest, after tbe rate “ of
payable to me (or, us] my (or, our] “ executors, administrators, or assigns, by virtue of a mortgage [or, “ assignment] bearing date the ;
g date the rea rras, day of “ under the hands and seals of “ of the commissioners acting in the execution of an act, passed in the “ forty-first year of the reign of King George the Third, intituled “ [set forth the title of this act) upon the credit, or arising out of the “ rates or assessments arising by the said act, do hereby transfer all my “[or, our] right and title in and to the same, and the money now due "and to grow due thereon, unto
"bis executors, adminis
Securities may be transferred.
Form of Assignment or Transfer.