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12 & 13 Vict. after the 29th September, 1869 (see Note 151). A fraction of a c. 14.
farthing is not recoverable, and should not be charged in the rate (Morton v. Bremmer, 29 L. J. (N. S.) M. C. 218; 2 Law T., N. S. 600); but in the more recent case of Bavin v. Hutchinson, 31 L. J. (N. S.) M. C. 229; 6 Law T., N. S. 504, in the Exch. Ch. that decision was modified, and it decides that the excess was matter of appeal only and not actionable.
Distress and Imprisonment.] If the justices direct payment of the rate or rates (no order being necessary, see Note 149], they may be levied immediately or otherwise, as they may direct, on the goods of the defaulter under a warrant of distress granted by the same two justices, with the costs (12 & 13 Vict. c. 14, s. 1), and any number of persons may be included in the same warrant (s. 3), 154 and the
owners instead of occupiers," were repealed so far as they apply to any
demanded in writing by the overseers from the occupier, and the
service of such demand : 2. That no greater sum should be raised by such distress than shall at
the time of making the same be actually due from the occupier for
rent of the premises on which the distress is made: 3. That any such occupier shall be entitled to deduct the amount of
rates for which such distraint is made, and the expense of distraint, from the rent due or accruing due to the owner, and every such payment shall be a valid discharge of the rent to the extent of the
rate and expenses paid. 154. Recovery of Rates from Bankrupts or Insolrents— Tenants in Common - Execution of Distress Warrant by Deputy.] The certificate of a bankrupt is a bar to the levying of a rate (made before his bankruptcy) upon the bankrupt's subsequently-acquired goods, but the rate of arrears may be proved under the fiat (In re fetherall and another, Justices of Sustes, 19 L. J. (N. S.) M. C. 115), and of course a commitment cannot issue against the defaulter. In Phillips v. Naylor and others (3 Exch. Rep. 14; 22 J. P. 355, affirmed in error, 33 Law T. 167), it was held, that a rate made after the bankruptcy may be enforced against the bankrupt, and he be imprisoned pending the grant of his certificate, notwithstanding the protection of the Court of Bankruptcy: and this seems unatfected since the provisions of “The Debtors Act, 1869,"' 32 & 33 Vict. c. 62, abolishing imprisonment for debt, which excepts in sect. 4, sub-sect. 2, "default in payment of any sum recoverable summarily before a justice of the peace." By “The Bankruptcy Act, 1869,". 32 & 33 Vict. c. 71, s. 32, parochial rates due from him at the date of the adjudication, and due and payable within the twelve months preceding the bankruptcy, are, with assessed taxes, land tax, and income tax, to have priority over other debts, to rank equally and be paid in full, &o. A distress warrant may issue
levy may be made “not only in the place for which such assess- 12 & 13 Vict. ment was made, but in any other place within the same county or precinct” (17 Geo. 2, c. 38, s. 7), or in any other county or jurisdiction on being indorsed by a justice there (54 Geo. 3, c. 170, s. 12; -and in default of distress, two or more justices, and not one, as the form shows, may issue their commitment of the offender to the common gaol or house of correction for any time not exceeding three calendar months, unless the sums therein mentioned, including the costs of taking and conveying him to prison, shall be sooner paid (12 & 13 Vict. c. 14, s. 2)155; but several persons cannot be included in the same commitment, and there must be a separate one for each (s. 3). The justices may give time for payment, so far as to withhold the issuing of the distress warrant for a specified period. In such cases it is dated on the day of hearing and kept by the clerk ready to be issued if default made in payment.
Forms.] The several forms given in the schedule to 12 & 13 Vict. c. 14, are in Oke's “ Formulist,” 6th edit. pp. 935—942 (seo s. 8); and see the provisions of 25 & 26 Vict. c. 82.
Enforcing, pending Appeal.] By 41 Geo.3, c. 23, s. 2, a rate may be 41 Geo. 3, levied notwithstanding the party or any other person giving notice c. 23. of appeal against it, for any cause whatsoever :-provided that from and after the giving of such notice no proceedings shall be commenced or carried on to recover any greater sum of money than the sum at which the same premises shall have been rated or assessed in the last effective rate collected in the parish, &c. If rate on appeal quashed, proceeding not be commenced or continued (s. 3); and by sect. 1, although the rate be quashed, the sums charged are to be levied as if no appeal had been made, and are to be taken as payment on account of the next effective rate. 156
against any one of a number of tenants in common refusing to pay a rato assessed on all of them (Paynter v. Reg., 10 L. J. (N. S.) M. C. 136). The overseers to whom the warrant of distress is directed may execute it by deputy (Walsh v. Southwell, 20 L. J. (N. S.) M. C. 165 ; 16 Law T. 391). For the charges allowed upon levying these distresses, see ante, p. 1374, tit. “ Distress."
155 A commitment for nonpayment of rates is in the nature of civil process (Reg. v. Gorernor of Debtors' Prison, Whitecross Street, 34 L. J. (N. S.) M. C. 193).
156 Cases on “next effective Rate,” fc.] In Reg. . Parker (7 E. & B. 155), it was decided that if a rate be appealed against and reduced, but the party has during the appeal paid on the unreduced assessment in another rate, the parish officers may, in subsequent rates, credit him for the excess paid without an order of sessions. A person who was not assessed in a rate which was afterwards quashed on appeal, but who claimed to have a deduction on that account in a subsequent rate, was held not so entitled, and that the parish officers were entitled to have a distress warrant for the whole sum against him (Reg. v. Justices of kingston-upon-Thames and Phillips, 27 L. J. (N. S.) M. C. 199). In å similar case (Reg. v. Justices of Kingston-upon- Thames and Wedd, 27 L. J. (N. S.) M. C. 201; S. C., Reg. v. Justices of Surrey, 31 Law T. 162), À. was
II. Pating new Premises and apportioning Rates on Removal.
Piting new Premises or Buildings.] By “ The Poor Law Arre es 38.
Dent Act, 1568," 31 & 32 Vict. c. 122, s. 38,” when any person si occups aay new house or other building in any parish where poor rate is not made under the provisions of a local act, wh house or building was incomplete, or not fit for occupation, or 1 Lot entered as such in valuation list in force in the parish the time when the current rate for the time being was made, 9 overseers may enter such house or building with the name of 1 occupier thereof and the date of the entry in the rate book, require the occupier to pay such amount as according to th jedgment shall be the proper sum, having due regard to the rateal value of such house or building, and the time which shall be eageed from the making of the current rate to the date of such eat -and the person so charged shall be considered as actually rat from such date, and shall be liable to pay the sum assessed in banner and subject to the like penalty of distress, and with the power of appeal, as if he had been assessed for the same when rate was made :-Provided that when the said overseers shall ecter the said house or building in the rate book they shall forta to the assessment committee of the union comprising such paris if any such there be, a supplemental list with reference to say house or building, and the same shall be dealt with in all respecte and with the like incidents and consequences, as a supplemental i made by the orerseers under section twenty-five of “The [nia
Assessment Committee Act, 1862.'» 39 $ $ Txt. Successire Occupiers and Occupiers coming into unoccupied Pet e. 11, s. 16. mises.] The 17 Geo. 2, c. 38, s. 12, formerly in force hereon, in
been repealed by 32 & 33 Vict. c. 41, s. 16, and that section enact as to the poor rate, “ If the occupier assessed in the rate when mad shall cease to occupy beiore the rate shall have been wholly dis charged, or if the hereditament being unoccupied at the time of making of the rate become occupied during the period for which the rate is made, the overseers shall enter in the rate book the name the person who succeeds or comes into the occupation, as the case may be, and the date when such occupation commences, so far
assessed in February in a rate afterwards quashed on appeal : in the Dar
the same shall be known to them, and such occupier shall thence- 32 & 33 Vict. forth be deemed to have been actually rated from the date so entered C. 41, s. 16. by the overseer, and shall be liable to pay so much of the rate as shall be proportionate to the time between the commencement of his occupation and the expiration of the period for which the rate was made, in like manner, and with the like remedy of appeal as if he had been rated when the rate was made ;-and an outgoing occupier shall remain liable in like manner for so much and no more of the rate as is proportionate to the time of his occupation within the period for which the rate was made.”
As to recovering rates under the Public Health Act and Lighting and Watching Act, see titles “ Public Health,” ante, p. 1563, and “Lighting and Watching,” ante, p. 1450.
RECOGNIZANCES. (As to Recognizances upon Summary Proceedings, see ante, p. 170.)
What Recognizances may be taken by Justices.] In summary proceedings they may take a recognizance of a defendant to appear on the adjournment of the hearing of an information or complaint (Vol. I. pp. 159, 160);—or till the return of a distress warrant on his goods (Id. p. 226);-or on the removal of convictions by certiorari (Id. p. 56);-on appeals against summary proceedings (Id. pp. 258, 266);-and under various titles of this work, not to repeat offences. In indictable offences, for the appearance of the person accused on the remand day (ante, p. 936); and to answer an indictment at the sessions or assizes (ante, p. 975);--also the prosecutor and witnesses to prefer and give evidence on such indictment (ante, p. 971);-also on the removal of indictments before verdict (5 & 6 Will. 4, c. 33, s. 2; 16 & 17 Vict. c. 30, 8. 5).
How Recognizances Estreated.] The estreating of recognizances taken out of sessions, and which are not for the appearance of the parties bound at any quarter sessions or assizes, is under the 3 Geo. 4, c. 46, s. 2; see Vol. I. p. 161, Note 10. Recognizances for the appearance of parties at sessions or assizes are also estreated in the manner provided by 3 Geo. 4, c. 46, and 7 Geo. 4, c. 64, s. 31; and see 22 & 23 Vict. c. 21, ss. 38–40. The estreating of recognizances to keep the peace, or to be of good behaviour, is regulated by 16 & 17 Vict. c. 30, s. 2 (tit. “Sureties,” post).
REFORMATORY SCHOOLS. “ The Reformatory Schools Act, 1866,” 29 & 30 Vict. c. 117 29 & 30 Vict (passed 10th August, 1866), repealed all the previous acts of 1 & 2 c. 117. Vict. c. 82, s. 11; 17 & 18 Vict. c. 86; 18 & 19 Vict. c. 87; 19 & 20 Vict. c. 109, and 20 & 21 Vict. c. 55 (s. 37); and contains now the whole law upon the subject which by sect. 38 applies to schools
s & 24 Tiet. cerinted under the repealed acts, and to what has been done tu 115. teen. The cases in which jurenile offenders may be sent to t
schooss are mectioned in sects. 14, 32, set out in Vol. I. PP. 2
I. Certifying of Reformatory Schools, and Erpenses.
I. Certifying of Reformatory Schools, and Expenses Vode of Certifying Reformatory Schools.] By 29 & 30 Vict. c. 1 5. 4, “Oke oi her Majesty's principal secretaries of state, hereina referred to as the secretary of state, may, upon the application of managers 157 of any reformatory school for the better training youtkrul offenders, direct one of her Majesty's inspectors of pr:90 who shall be styled the inspector of reformatory schools, to enim into the condition and regulations of the school, and to report to therson ;-and, if satisfied with such report, the secretary of nay, by writing under his hand, certify that such school is fit for the reception of such youthful offenders as may be sent there pursuance of this act, and the same shall be deemed a certif reformatory school. No substantial addition or alteration shall made to or in the buildings of any certified reformatory sc without the approval in writing of the secretary of state.”
Inspection of School.] Sect. 5. “Every certified reformatory sciss shall from time to time, and at least once in every year, be visa by the inspector of reformatory schools ;--and the secretary of sta if dissatisfied with the condition of such school as reported to his may withdraw the certificate, and may by notice under his hand.15 addressed and sent to the managers of such school, declare that certificate is withdrawn as from a time specified in the notice, bem not less than six months after the date of the notice.”
Power to appoint Assistant to Inspector.] Sect. 6. “The secretary of state may from time to time appoint a fit person to assist the inspector of reformatory schools; and every person so appaista shall have such of the powers and duties of the inspector ss **
157 Definition of “ Manager."'] The word “managers" is to inclus any person or persons having the management or control of any schowka which the act applies (29 & 30 Vict. c. 117, s. 9).
158 Serrice of Notices on School Authorities.] By sect. 35, may be served on the managers of a certified reformatory school delivering the same personally to any one of them, or by sending it be post, or otherwise, in a letter addressed to thern or any of them at the school, or at the usual or last known place of abode of any manager, CR of their secretary."