5 Geo. IV.

c. 13.

General Abstract of Accounts to be made and pubJished annually.

Proviso, in case
Mayor and
Aldermen neglect
to appoint six
Auditors.

Rated inhabi

tants may inspect rates on paying

1s.

For rating Landlords of Houses under 10£. per annum, or let in Tenements.

or any five or more of them, shall, after the expiration of the year's accounts to be audited, have full power from time to time to inspect and examine the books and papers of accounts, receipts and disbursements of the said corporation; and the said corporation are hereby enjoined to allow and give such auditors, or any five or more of them, free access thereto at all requisite and reasonable times in the day-time, and to produce to such auditors, or any five or more of them, all books, contracts, agreements, accounts, receipts, vouchers and papers relating to the receipts and disbursements of the said corporation for the then last or preceding year.

LXXII. And be it further enacted, That the said corporation shall, immediately after the expiration of the year's accounts to be audited, cause notice to be given to the said several auditors of the books and accounts for that year being closed; and the said auditors, or any five or more of them, shall thereupon proceed in the examination and auditing of such accounts, and shall within two calendar months after the date of such notice make out a full and true abstract or general statement of the receipts and expenditure of the said corporation during the then preceding year, which abstract or general statement shall be signed by the said auditors, or any five or more of them, and shall afterwards be printed at the expence of the said governor and guardians, and distributed in such manner as they shall direct, the charge and expence whereof the said corporation are hereby authorized and directed to pay out of the monies to be from time to time received under and by virtue of this act.

LXXIII. Provided always, and be it further enacted, That in case the said mayor and aldermen shall neglect to appoint six auditors as aforesaid, or in case such auditors, or a sufficient number, shall refuse or neglect to attend to examine and audit the accounts after notice as herein before mentioned, then and in such case it shall and may be lawful for the said three guardians appointed auditors by this corporation, after the expiration of the said two calendar months herein before limited for the examination and auditing the accounts by the said nine auditors, or any five or more of them, to proceed, either alone or with such of the said six auditors as may attend for that purpose, to examine and audit the accounts of the said corporation, and in the manner herein before mentioned to make out, sign, and at the like expence print and distribute, an abstract or general statement of the

same.

LXXIV. And be it further enacted, That it shall and may be lawful for all and every person and persons rated, and paying towards the relief of the poor in the said town and precinct, in pursuance of this act, from time to time, between the hours of three and five of the clock in the afternoon of every day (except Sundays,) to attend at the workhouse, and to peruse and inspect the several rates or assessments which shall from time to time be made or assessed for the relief of the poor of the said town, or under or by virtue of this present act, and in the custody or power of the said corporation, upon each person (so inspecting) paying to the said corporation (to be applied towards the purposes of this act) the fee of one shilling for every such inspection.

LXXV. And be it further enacted, That in all cases where the yearly rent or value of any house, tenement or hereditament within the said town or precinct shall not amount to ten pounds, or where any house, tenement or hereditament within the said town or precinct, whatever the yearly rent or value of the same may be, shall be let to any weekly or monthly tenant or tenants, or shall be let in separate apartments, furnished or unfurnished, for any period of time whatever, then and in every such case it shall and may be lawful to and for the churchwardens and overseers, or persons making any rate or assessment by virtue of this act, in and by any such rate or assessment so to be made as aforesaid, at their discretion, to rate and assess the landlord or landlords, owner or owners of all and every or any such house or houses, tenement or tenements, hereditament or hereditaments (such landlord or landlords, or owner or owners, being the immediate lessor or lessors of the actual occupier or occupiers thereof,) for the payment of such rate or assessment; and in each and every such case such landlord or landlords, owner or owners, shall from thenceforth, and until the expiration of the period for which such rate or assessment shall be made, be deemed and taken for the purposes of this act, to be the occupier and

5 Geo. IV.

c. 13.

Goods of Tenants liable to be distrained as far as the amount of Rent actually

occupiers of such premises, and shall thereupon be rated to, and from time to
time shall pay or cause to be paid such rates or assessments charged upon the
same respective premises; and upon nonpayment thereof the said overseers
or assistant overseers, are and each and every of them is hereby authorized
by warrant, under the hand and seal of one justice of the peace of and for
the town and county of the town of Kingston-upon-Hull, to levy the same
by distress and sale of the goods and chattels of such landlord or landlords,
owner or owners, wheresoever the same may be found respectively: pro-
vided always that the goods and chattels of all and every person or persons
renting or occupying any house, tenement or hereditament, or any part or
parts thereof, the rate or assessment whereof the landlord or landlords,
owner or owners is and are hereby made liable and subject to as aforesaid, due.
shall be liable at all times to be distrained and sold for payment of so much
of the said rates or assessments, and of all arrears thereof as shall be due
upon the said premises during the time of his, her or their occupancy only,
but no such occupier or occupiers shall at any time be required to pay, or
be subject or liable to pay any greater sum for or towards the discharge of
any such rate or assessment, and the arrears thereof, than the amount of the
rent actually due by such occupier or occupiers to the landlord or land-
lords, owner or owners of the premises so occupied by him, her or them at
the time when the said rate shall be demanded: provided also that each and
every such occupier who shall pay any such rate or assessment, or any
arrear thereof, or upon whose goods and chattels the same shall be levied,
shall and may from time to time deduct the amount of the sum which shall
be so paid or levied from the rent then due, or at any time thereafter to
become due, from him, her or them, to the respective landlords or occupiers
of the premises, and the receipt for such payment shall be a good and suffi-
cient discharge to such occupier or occupiers (or to his, her or their land-
lord or landlords) for so much money as he, she or they shall pay in the
manner directed by this act: provided always, that every person receiving
either on his own account or as the agent of any other person or persons,
body corporate or collegiate, bodies corporate or collegiate, or claiming to
be entitled to the rents of every such house or houses, tenement or tene-
ments, hereditaments or premises, payable by the tenants or occupiers, in
the actual possession thereof respectively, shall be deemed and taken to be
the landlord or owner of the same, for the purposes of this act, and shall
continue to be rated to and liable to the payment of every such rate as
aforesaid, until some other person or persons shall be rated to or pay the

same.

That Agent shall be deemed Land

lord.

Power to
compound with

Landlords for
Rates.

to remain a
cha:
ge upon the
premises.

LXXVI. Provided always and be further enacted, That it shall be lawful for the said churchwardens and overseers to compound, if they shall think proper, with the landlord or landlords, owner or owners of any such house, building or premises as aforesaid, for the payment of the said rates or assessments at such a reduced rental as the said churchwardens and overseers shall think reasonable; so that such house, premises or hereditaments be not rated at less than one half of the actual rent at which the same shall be let, or of the annual value of such house, premises or hereditaments, and to be paid and payable whether the same be occupied or not. LXXVII. And be it further enacted, That in default or failure of pay- Arrears of Rates ment of any such rate or assessment in respect of any house, tenement or hereditament, the landlord or owner whereof shall be rated or assessed in pursuance of the provisions herein contained, or any part thereof as aforesaid, the same shall be and remain a charge upon the premises in respect whereof the same shall be so rated and assessed, and shall and may after seven days notice left upon the premises, not only be levied by distress and sale of the goods and chattels of any such owner or owners, landlord or landlords, or of any person or persons inhabiting or occupying the same, or any part thereof, subject to the limitation herein before contained, but also shall and may be sued for and recovered of and from such owner or owners, landlord or landlords respectively, by action of debt, bill, plaint or information, in any of His Majesty's Courts of Record at Westminster, to be commenced and prosecuted in the name of the said corporation, in which action or actions, no protection, essoign or wager of law, nor more than one im-" parlance, shall be allowed; and if the plaintiff shall recover in any such action of debt, bill, plaint or information, he shall have full costs, to be

H

5 Geo. IV. c. 13.

Justices

empow

ered to remit any portion of the Rate, when the Landlord has been unable to

levied and recovered as other monies upon judgments are by law now levied and recovered: provided always nevertheless, that in case any landlord or owner of any house, tenement or hereditament, who, under the provisions herein before contained, shall be assessed in respect of any such house, tenement or hereditament, shall make it appear to the satisfaction of any one of His Majesty's justices of the peace of and for the said town and county thereof, that he or she has been unable either by reason of the insolvency or absconding of any tenant or occupier of such house, tenement or hereditament, or by reason of its having remained void and unoccupied recover his Reut. for the whole or any part of the year for which he or she shall have been rated or assessed in respect thereof, to obtain payment of any part of the rent which would otherwise have been paid for the same, it shall and may be lawful to and for such justice, and he is hereby authorized and required, having first duly summoned the overseer or assistant overseer of the ward in which the premises so rated shall be situated, and having in the presence of such overseer or assistant overseer, or in his absence, if he shall neglect or refuse to attend at the time and place mentioned in such summons, duly inquired into and investigated the cause or occasion of such loss, to remit to such landlord or owner such portion of the rate or assessment charged upon the said premises as shall have accrued due, for the period during which such landlord or owner shall, by any or either of the causes aforesaid, have been unable to obtain payment of rent.

Act not to affect Agreement between Landlord and Tenant.

Rates to be distrained for after Summons of Parties, and their not showing sufficient cause.

LXXVIII. Provided also, and be it further enacted, That nothing in this act contained shall extend, or be construed to extend, to make void any contract, covenant or agreement between landlord and tenant, relating to the payment of any rates or assessments within the said town and precinct.

LXXIX. And for the better and more effectually raising and levying the rates and assessments authorized and directed to be made by this act, Be it further enacted, That in case any person or persons whomsoever who shall be liable to be rated or assessed towards the payment of the monies by this act authorized to be raised, shall refuse or neglect to pay any rate or assessment which shall be made, laid or assessed upon him, her or them under and by virtue of this act, or any arrear or arrears due thereon, or who shall be liable to pay any former rate or assessment, rates or assessments made under the authority of any or either of the said recited acts, it shall and may be lawful to and for any one or more of the justices of the peace of and for the said town and county thereof, and he and they is and are hereby authorized and required, upon oath being made before him or them by any overseer or assistant overseer to be appointed as aforesaid, and authorized to collect in manner herein before mentioned, of his or their having attended upon or at the dwelling-house, or last or usual place of abode, within the said town or precinct of the person or persons then intended to be summoned, or at the premises for which such rate or assessment or arrears shall remain due, and having demanded the same, and of such person or persons having neglected or refused to pay the same, to summon by writing under his or their hand or hands all and every person or persons who shall have refused or neglected to pay as aforesaid, to appear before such justice or justices, at the time and place to be mentioned in such summons; and it shall and may be lawful to and for the said overseer or assistant overseer as aforesaid, or for any of the constables of the said town or precinct, or any one or more of them, or other the person or persons to whom the same shall be severally addressed, to serve all and every such summons and summonses upon all and every person and persons refusing or neglecting to pay as aforesaid, either by delivering the same to the person or persons thereby intended to be summoned, or by leaving the same at his, her or their last or usual place or places of abode, or at the premises for which the rate or assessment mentioned in such summons shall remain due and owing; and if any person or persons so summoned shall refuse or neglect to attend at the time and place mentioned in such summons, then upon due proof of service of the summons, and that such rate or assessment remains due and unpaid, or if he, she or they shall attend and shall not show good and sufficient cause to such justice or justices, why he, she or they is or are not chargeable with such rate or assessment, rates or assessments, or why the same should not be paid, then and in every such case it shall be lawful for such justice or justices to order and adjudge all and every person and per

sons who shall have been so summoned to pay the rate or assessment in respect of which such summons was issued, and the reasonable costs and charges of such summons, and to grant a warrant or warrants under his or their hand and seal, or hands and seals, authorizing and directing the said overseer or assistant overseer, or any constable or constables of the said town or precinct, or any one or more of them, to collect and levy such rate or assessment, and all arrears thereof, and the expence of the summons and warrant, by distress of the goods and chattels of the party so neglecting or refusing, which shall be found either within the said town or precinct, or elsewhere within the county of the said town, if removed therefrom; and if within five days next after any such distress shall be made the said rate or assessment, with all arrears due, shall not be paid, together with the reasonable charges of the said summons and warrant, and of making such distress, and keeping such goods and chattels, the said overseer or assistant overseer, constable or constables, or any one or more of them, shall cause the said goods to be appraised by one or more appraiser or appraisers, and the same, or such part or parts thereof as shall be sufficient, to be sold by auction or private contract, and thereout to pay the said rate or assessment, together with all arrears due, and the reasonable charges aforesaid, and the charges of keeping, appraising and selling the same, returning the overplus (if any) to the owner or owners of such goods and chattels respectively, upon demand thereof made by him, her or them; and if no sufficient distress can be found, then it shall and may be lawful to and for the said justice or justices to commit such person or persons so offending or neglecting to pay such rate or assessment, to the common gaol or house of correction for the said town, there to remain, without bail or main prize, until such time as such person or persons so committed shall have paid the sum or sums so rated or assessed upon him, her or them, and such charges as aforesaid, or during so long time as the justice or justices making such commitment shall think reasonable, unless he shall sooner pay the same; provided that no such person or persons shall be confined or detained in prison for want of such distress for any longer space of time than three calendar months.

LXXX. And be it further enacted, That every warrant of distress for the nonpayment of any rate or assessment to be made by virtue of this act, may include two or more persons, and shall be in the words, or to the effect following: (videlicet,)

Town of the

σε Το

the Overseer or Overseers

Town of Kingston-upon-Hull. of, &C., [or the Assistant Overseer or Overseers] "appointed by virtue of the powers of an Act, passed in the "fifth year of the reign of His Majesty King George the Fourth, intituled [here insert the title of this act,] and to all "Constables and other peace officers of the same town and "County.

66

"Whereas the undermentioned persons, now or late inhabitants, holders, "landlords, tenants, occupiers or enjoyers of lands, houses, buildings, "tenements or hereditaments, or other rateable property in the parish, '[or, ward, or precinct, as the case may be] of within the

"said town of Kingston-upon-Hull, were and are duly rated and assessed,
"and liable to pay the rate and rates made by virtue of the above men-
"tioned act: and whereas the said persons have refused or neglected to
'pay the several sums of money at and against their names hereunto
'respectively set down, due from them respectively for or towards the
purposes mentioned in the said act, and the said several sum and sums
are still remaining due, in arrear and unpaid, as appeareth upon oath
"[or, affirmation, if a quaker] to me
[or, to us]

"of His Majesty's justices of the peace of and for the said town and
county thereof; and the said several persons having been summoned
"to appear before
to answer the premises, as also appeareth

to me [or, us] the said justice [or, justices,] upon oath [or, affirmation, "if a quaker,] have not, or hath, either of them shown any sufficient cause why such sum or sums of money should not be paid; these are "therefore in His Majesty's name, to will and require you, any or either "of you forthwith to levy the said several sums due from the said persons,

5 Geo. IV.

c. 13.

Form of warrant of distress.

5 Geo. IV. c. 13.

"and hereunder set opposite to their names respectively, by distress and
"sale of their respective goods and chattels, (such goods and chattels,
being kept for the space of five days before the same are sold,) rendering
"to them respectively the overplus, (if any be,) the reasonable charges
"of such summons, warrants, distress, sale and keeping, being first
"" deducted; and if no sufficient distress can be had or taken, that then
you certify the same to me, [or, us] to the end that such further pro-
"ceedings may be had therein, as by law directed; and I [or, we] do
hereby strictly charge and command all and singular the constables
and other His Majesty's peace officers for the said town and county, to
"be aiding and assisting in all things relating to the premises.
"Given under my hand and seal, [or, under our hands and seals] this
day of
in the year of our Lord one thousand
eight hundred and twenty

46

66

66

A. B.

C. D.

E. F.

G. H.

Sums due. £. s. d.

For recovery of Rates on removal of persons into other Wards of the Town.

Arrears of Rates under former Acts, to be collected by the Overseers under this Act, and. applied in the

same manner as

Rates under this
Act.

J. K.

LXXXI. And be it further enacted, That in case any person or persons shall remove out of or from, or quit the possession of any land, house, building, tenement or hereditament within the said town or precinct, before the rate or assessment charged thereon by virtue of this act shall be paid and discharged, or if any person shall enter into the occupation of any land, house, building, tenement or hereditament in the said town or precinct, out of or from which any other person or persons shall have so removed, before payment of the said rate or assessment, then the person or persons so removing out of or from, or quitting the possession of, and the person or persons entering into the occupation of any such land, house, building, tenement or hereditament, shall be respectively liable to the payment of such rate or assessment, in proportion to the time such person or persons respectively possessed or occupied the same, in the like manner as if the person or persons so removing or quitting as aforesaid, had remained in the possession or occupation of such land, house, building, tenement or hereditament, or the person or persons so entering into the possession or occupation thereof, had been originally rated or assessed to such rate or assessment, which portion, in case of dispute, shall be ascertained by any one or more of His Majesty's justices of the peace of and for the said town and county thereof, on the application of any overseer or assistant overseer as aforesaid; and in case any person or persons shall come into the occupation of any such land, house, building, tenement or hereditament, by renting or taking the same from the last immediate occupier, then and in such case, the person or persons so coming into the occupation thereof, shall be subject and liable to the rate and assessment in arrear for any period not exceeding three calendar months preceding such his occupation, as if he, she or they had been originally rated or assessed.

LXXXII. Provided always, and be it further enacted, That each and every rate and assessment, and the arrears of each and every rate and assessment already rated and assessed, or ordered and directed to be levied, assessed and collected by and under the authority of the said recited acts, or any of them, or which shall be made under the authority of the said recited acts, or any of them, at any time or times, before the said thirtieth day of September next, shall and may be levied, assessed and collected by such person or persons in such and the same ways, by such means and under such and the same powers, restrictions and regulations, and with the same remuneration, salary or poundage as any rate or assessment, or arrears of any rate or assessment ordered and directed to be levied, assessed and collected by virtue of this act, can or may be raised, levied and collected, and shall and may be paid and applied by the person or persons hereby empowered, or hereby authorized to be appointed to collect and receive the same, in the like manner and for the like purposes as any other rate or assessment is hereby directed to be paid and applied.