by empowered to make,) the number present not being less than six, or the LVI. Provided always, and be it further enacted, That if any house, premises or hereditaments, shall be partly within and partly without any of the said wards of and belonging to the said town, or partly within any one or more of the said wards, and partly without the said town, such houses, premises or hereditaments shall be assessed to the rates to be raised by virtue of this act, for a proportionable part only of the rent or value thereof; and it shall and may be lawful for the said churchwardens and overseers at any of their meetings to be holden in pursuance of this act, and they are hereby authorized and required to apportion and settle at how much, and what part of the rent or value of such house, premises or hereditaments the same shall be assessed; and if any person or persons occupying or interested in such houses, premises or hereditaments shall be dissatisfied therewith, he, she or they may appeal against the same in the manner herein provided. LVII. Provided always, and be it further enacted, That in case there shall be any surplus of the monies to be raised for the maintenance of the poor in any one quarter or other period of time, for which the same shall have been assessed, such surplus shall go and be applied in ease of the next assessments to be raised and levied within the wards of and belonging to the said town. LVIII. And in order the better to enable the churchwardens and over seers to apportion and assess the sum and sums of money so to be raised and assessed as aforesaid, and to ascertain the annual value of all houses, lands, tenements and hereditaments within the said town of Kingston-uponHull, and precinct thereof; Be it further enacted, That it shall and may be 5 Geo. IV. c. 13. Mayor and Warrants for the Rates on the Wards to be deemed one general Rate. Houses partly within and partly without any Ward, how to be rated.' Proviso in case of any surplus. Guardians empowered to cause valuation of the a survey and Town and Precinct. 5 Geo. IV. c. 13. Surveyor's or And not to be made oftener than once in seven years. Survey and valuation to be lodged at the Workhouse, in the custody of Guardians. Allowing a Map of the Wards to ba made. lawful to and for the said governor, deputy governor, assistants and guardians, (whenever they shall deem it expedient so to do) to cause a survey and valuation to be made of all houses, lands, tenements and hereditaments within the said town and precinct, and for that purpose to employ any surveyor or surveyors or other person or persons whom they shall deem competent to estimate and ascertain the annual value of all or any houses, lands, tenements and hereditaments, within the said town and precinct, and out of any monies received or receivable by virtue of this act, to pay such sum or sums of money to every such surveyor or surveyors, or other competent person or persons so to be employed as aforesaid, for his or their trouble therein, as shall be reasonable and proper, or shall be agreed upon between the said corporation and such person or persons respectively provided always, that no person shall be capable of acting as a surveyor or valuer as aforesaid until he shall have taken and subscribed the oath, or being a quaker, until he shall have made and subscribed the affirmation following, before some one of the justices of the peace of and for the said town and county thereof, which oath or affirmation the said justice is hereby empowered to administer. "I, A. B, do swear, [or, being one of the people called quakers, do "solemnly affirm, as the case may be,] That I will truly, impartially "and honestly, execute the duties incumbent on me, and the trust in me "reposed as a surveyor and valuer, under and by virtue of An Act passed "in the fifth year of the reign of His Majesty King George the Fourth, "intituled, 'An Act,' &c. [here insert the title of this act."] "So help me God." [or, being a quaker, omit the words, "So help me God"] LIX. Provided always, and be it further enacted, That no such survey and valuation shall be repeated or made oftener than once in seven years, from the time of making the first survey and valuation under the authority of this act. LX. Provided always, and be it further enacted, That every such survey and valuation to be made as aforesaid, shall be placed and remain in the custody of the said corporation, to be kept by them in some safe and secure place in the workhouse of the said town, for the use and reference of the said corporation, and the churchwardens and overseers for the time being; and the clerk of the said workhouse for the time being, shall, and is hereby required to attend all and every meetings and meeting of the said churchwardens and overseers held for the purposes of this act, with such survey and valuation, whenever required by them so to do. LXI. And be it further enacted, That it shall and may be lawful to and for the said governor, deputy governor, assistants and guardians, when such first survey and valuation shall be made under and by virtue of this act as aforesaid, (or previously thereto, if the said corporation shall deem it expedient) to cause a map or plan of the said town and precinct to be made upon a correct scale, showing the extent and boundaries of the said several wards of and belonging to the said town, and for that purpose to employ any surveyor or surveyors, or other person or persons competent thereto, and, (out of the monies received or receivable under or by virtue of this act) to pay the person or persons employed such sum or sums of money as shall be reasonable or agreed upon for his or their trouble therein; and such map or plan when so made and prepared as aforesaid shall be deposited in some safe and secure place in the workhouse of the said town, for the inspection of all persons interested therein, (notice thereof being given by the governor or deputy governor for the time being by publication once in some newspaper published in the said town ;) and if any person or persons shall think himself, herself or themselves aggrieved by any error in laying out the boundary line of the said wards, or any of them, he, she or they may appeal to any general or quarter sessions of the peace, to be holden in and for the said town and county, within twelve calendar months next after the publication of such notice as aforesaid, and the justices at such sessions are hereby empowered, if they shall see fit, to cause the error complained of to be properly rectified, and the said map or plan amended accordingly by some surveyor or other person competent thereto; and from and after the expiration of the time limited for appealing against the said map or plan as aforesaid, the said governor, deputy governor, assistants and guardians shall and they are hereby empowered to cause the boundaries of the said wards to be marked and notified in the said town and precinct, by affixing boundary stones for that purpose, or by causing the names of the wards to be painted in legible characters upon some conspicuous part of the walls or buildings constituting such boundaries, and from time to time renewing the same when requisite; and every person obstructing the person or persons employed by the said corporation in the affixing or painting the said boundary marks, or wilfully destroying or defacing the same when done, shall for every offence forfeit and pay a sum not exceeding five pounds, to be recovered, levied and applied as in this act directed. 5 Geo. IV. c. 13. Guardians to appoint Assistant Overseers to collect, &c. LXII. And be it further enacted, That it shall and may be lawful to and for the said corporation, at any general court or assembly to be held for the purpose, within two days after each and every such apportionment shall have been made and transmitted as herein before is directed, and so from time to time as often as it shall be deemed necessary, to nominate and appoint such number of persons as they shall think expedient, not being less than two nor more than four, to be assistant overseers in the collection of the poor's rates; and also to obtain, and from time to time report to the said corporation, information as to the state and condition of the poor within the ward or wards, to be assigned to them as hereinafter mentioned; and the said corporation shall and they are hereby empowered to allot to each of the persons who shall be so appointed assistant overseers, such ward or wards of and belonging to the said town, or such part or parts thereof, wherein to make the respective collections as shall be deemed expedient and proper and also to determine what sum or sums of money shall be paid or allowed to the said several assistant overseers respectively, by way of salary for their trouble in executing the duties assigned to them; provided always, that all such persons so appointed assistant overseers, shall, Assistant Overbefore they proceed to act, respectively give such sufficient and satisfactory seers, to give security to the said corporation, for the faithful execution of their respective security to Guardians. offices, and payment of the monies, to be by them respectively received, as the said corporation shall require, and in default thereof, the election and appointment of such persons or person shall be void. LXIII. Provided always, and be it further enacted, That it shall and may Power to remove be lawful to and for the said governor, deputy governor, assistants and Assistant Overguardians, from time to time, whenever they shall think proper, to displace seers. and remove such assistant overseers or overseer so to be appointed as aforesaid, and as well in the event of such removal, as in case any such assistant overseer or overseers shall resign, die or become incapable, either by reason of any mental or bodily infirmity to act further in the execution of his or their office or respective offices, to nominate and appoint in the manner herein before directed, some other person and persons in the room or place of the assistant overseer or overseers who shall be so removed, resign, die, or become incapable of acting as aforesaid. Security from Assistant Overseers. Treasurer and LXIV. Provided always, and be it further enacted, That the said Corporation corporation shall and they are hereby required to take sufficient security required to take from each and every treasurer and assistant overseer to be appointed by virtue of this act, for the due a d faithful execution of their respective offices, by the bond or bonds of the person or persons who shall be so appointed, and of two other persons, as his or their sureties respectively, to be approved by the said corporation before any such treasurer or assistant overseer shall enter upon his office; and if they shall so think proper, shall and may also take security from any other officer to be appointed or continued under or by virtue of this act. LXV. Provided always, and be it further enacted, That the several overseers of the poor in the said town, shall not by reason of the appoint ment of any assistant overseer or overseers as herein before mentioned, be thereby discharged from the performance of their duty to collect the rates for the relief and maintenance of the poor, (except such parts thereof as shall be assigned to or collected by such assistant overseer or overseers during the time such assistant overseer or overseers shall fill and execute such their office and offices ;) but all such rates and assessments (except as aforesaid) shall be collected and received by the several and respective overseers of the poor for the time being, for the ward in which they respectively reside, in the same manner as rates made for the relief of the Overseers to collect the Rates until Assistants appointed. 5 Geo. IV. c. 13. Overseers to collect Arrears after their Offices are expired. Assistant Over seers to pay over Money collected, as often as the same amounts to 20£. Rates when completed to be submitted to the Mayor and Aldermen for Allowance. poor are now by law directed to be collected and received; and the said several and respective overseers shall have and may exercise for the recovery of such rates and assessments, all and every the powers, authorities and remedies contained in this act for the purpose: and in case any overseer or overseers shall omit or neglect to collect and get in the said monies, or shall not use his best and utmost diligence in collecting and getting in the same, or as much thereof as can be collected and gotten in within thirty days after the delivery of the book or books containing such rate or assessment to him or them, it shall and may be lawful to and for the said mayor and aldermen, or any two or more of them, on application made by or on the behalf of the said corporation, to summon such overseer or overseers before them, to show cause why he or they hath or have not collected the said rate and rates; and in case such overseer or overseers shall not appear, or appearing, shall not show sufficient cause to the satisfaction of the said mayor and aldermen, or any two of them, it shall be lawful for the said mayor and aldermen, or any two of them, to set and impose a fine on every such overseer, not exceeding forty shillings for the first offence, and not exceeding five pounds for the second and every subsequent offence; to be recovered, levied and applied in the same manner as other penalties and forfeitures are by this act directed to be recovered, levied and applied. LXVI. And be it further enacted, That the respective overseers of the poor of and for the several wards of and belonging to the said town, now being or hereafter to be appointed, shall, during the space of three calendar months next after the appointment of other overseers in their respective places, have and use the like powers, means and authority for levying and collecting the arrears and deficiences of the several assessments due and not provided for when their offices expired, as they respectively had and used, or might have had and used, during the continuance of their respective offices. LXVII. Provided always, and be it further enacted, That every assistant overseer or overseers, appointed under and by virtue of this act, shall from time to time, as often as the amount of the sums collected shall exceed twenty pounds, pay over the same to the said corporation or their treasurer, on account and for the use of the said corporation, without making any deduction thereout for, or on account, or under the pretence of, any salary or poundage having accrued due thereon; and in case any such assistant overseer or overseers shall at any time retain and have in his or their hands any sum or sums of money above the sum of twenty pounds, to be collected by virtue of this act, for the space of seven days without paying over the same as aforesaid, every such assistant overseer or overseers shall for every such retention or offence forfeit and pay the sum of fifty pounds, to be recovered either by action of debt, or on the case, in any of His Majesty's Courts of Record at Westminster, with full costs of suit, at the suit of the said corporation, in which action or suit no essoign, protection, or wager of law, or more than one imparlance, shall be allowed, or in such other manner as any fines and penalties may by this act be levied and recovered; and such penalty shall be applied for the purposes of this act. LXVIII. And be it further enacted, That each and every rate, when and as soon as the same shall be respectively made, shall, by the said churchwardens and overseers making the same, be submitted to the mayor and aldermen of the said town, or any two of them, for allowance, together with the names of the assistant overseer or overseers appointed to collect the same; and the said mayor and aldermen, or any two of them, are hereby required within three days next after the same shall have been left at the Guildhall of the said town for that purpose, to issue out and grant their order or warrant, or orders or warrants, thereby authorizing and requiring the overseers and assistant overseers, and each of them who shall be so ap pointed as aforesaid, respectively to demand, gather, collect and receive the sum and sums of money which shall be so rated and assessed upon the inhabitants of and owners and occupiers of rateable property within the said town and precinct provided always, that all such rates or assessments when so made, allowed and completed as aforesaid, together with the duplicates thereof, shall be taken by the respective overseers of the said several wards to the workhouse of the said town, and there lodged in the custody of the said corporation, to be kept by them in some safe and secure place in 5 Geo. IV. c. 13. Rates, the Corporation may issue their War rants for that purpose. the said workhouse, for the use and reference of the said churchwardens and overseers, whenever needful and requisite; and also for the inspection of the several rate payers in the said town as hereinafter mentioned, and as records to be given in evidence, and made use of as occasion may require. LXIX. And be it further enacted, That if the said mayor and aldermen If Mayor and shall omit or neglect for the space of three days next after such duplicates Aldermen neglect of the apportionments shall have been left for the said mayor and aldermen to issue Warrants for collecting at the Guildhall as aforesaid, to issue forth their warrants for assessing the same, or if they shall by the space of three days after any such rate or assessment shall be left at the said Guildhall as aforesaid, for allowance, neglect or omit to issue forth their orders or warrants for the gathering, receiving, levying and paying the said several sums by such rate assessed, pursuant to the provision for that purpose herein before contained, it shall and may be lawful for the said governor or deputy governor of the said corporation hereby constituted for the time being, to issue orders or warrants under the common seal of the said corporation, as well for the assessing as for the gathering, collecting, receiving and paying the same; and the persons to whom it shall, under the provisions of this act, from time to time belong, to assess, collect, gather in and receive the same, shall under and by virtue of such order or warrant, under the common seal of the said corporation, have and be entitled to use and exercise all such powers and authorities for the collecting, gathering in and receiving of the same, as are hereby given, or are authorized to be given by the said mayor and aldermen to the overseers or assistant overseers to be appointed by virtue of the provisions herein contained, in case such negfect, refusal or omission had not taken place. LXX. Provided also, and be it further enacted, That in case the said churchwardens and overseers shall omit or neglect to attend such meetings as are herein before directed to be held, and in the manner herein before prescribed, or when assembled shall omit or neglect to perform and execute the powers, authorities and duties herein before to them given, or omit or neglect to make and complete such apportionment, rate or assessment, rates or assessments as herein before directed, and to submit the said rates or assessments for allowance in manner herein before directed, it shall and may be lawful to and for the said corporation from time to time, to exercise, execute and perform all and every the powers, authorities and duties hereinbefore directed to be exercised, executed and performed by the said churchwardens and overseers respectively; provided nevertheless, that in all such cases the said churchwardens and overseers shall still remain liable and subject to the same rules, penalties, forfeitures and punishments which by this act, or by the general laws of the land, they are, or shall be subject and liable to, for the omission or neglect of their duties. LXXI. And be it further enacted, That the said corporation shall and they are hereby required yearly and every year, at their general court or assembly to be held for the election of the several annual officers of the said corporation, to select and appoint from among the guardians of the poor for the time being, three persons to be auditors, for examining the accounts of the said corporation for the then ensuing year, and within two days after such appointment, the governor or deputy governor shall cause notice thereof to be given to the mayor and aldermen of the said town for the time being, by leaving such notice at the Guildhall of the said town; and the said mayor, and any one of the aldermen, or any two of the aldermen, without the mayor, shall and they are hereby required within one calendar month from the date of such notice, to nominate and appoint from amongst the inhabitants of the said town or precinct, six persons who shall be assessed and pay to the poor's rates for the said town, upon a rental of twenty pounds per annum at the least, and who shall not at the time of such appointment be guardians of the poor, or officers or members of the said corporation, to be also auditors for examining the accounts of the said corporation for the then ensuing year, notice of which appointment shall be forthwith served upon the respective persons so nominated and appointed, by leaving the same at their respective dwellings or places of abode, and the names and descriptions of such persons shall also be transmitted by the said mayor and aldermen making the appointment, to the governor or deputy governor at the said workhouse; and such nine auditors so appointed as aforesaid, If churchwardens and Overseers neglect to meet Powers of this Act, the same may be executed by the Corpora. tion. and execute the Appointment of Corporation. |