« EdellinenJatka »
two of them, shall be deposited with the said inspectors, and shall 3 & 4 Will. 4, be open at all reasonable times to the inspection of all parties c. 90. interested (s. 19). Forms, Nos. 16–18 and 20, pp. 826—828, Oke's "Pormulist,” 6th ed.]
Recovery of Rates.] The same mode as for poor rates (s. 33), and
a meeting of the parish (or part of the parish (s. 73)]:-when
meeting-and its publication in proper time (s. 5).
to determine adoption of the act, and not within a year of a
(s. 14, and see ss. 6, 20).
11—14, Oke's “ Formulist,” 6th ed. pp. 824, 825.] 4. The persons elected inspectors (s. 17). 5. Notice of the adoption of the act, and publication thereof
by overseers (s. 32, and see ss. 30, 36). Service of inspectors'
v. Banks, 29 J. P. 421].
73 As to the justices' protection where the formalities are not observed in making a rate, sce Wilkinson v. Gray, 9 J. P. 71; Reg. v. Kingswinford, 23 L. J. (N. S.) M. C. 172; Reg. v. Dunn, infra ; Quick v. Churchwardens and Overseers of St. Ives, 2 Law T., N. S. 214; Reg. v. Justices of Liverpool, 6 Law T., N. S. 241; S. C., Ex parte Brown, In re The Corporation of Liverpool, 31 L. J. (N. S.) M. C. 108: Great Western Railway Company 5. Toron Council of Maidenhead, 31 L.J. (N. S.) M. C. 113. If the rate is a pullity, it need not be quashed; and the subsequent one must be enforced (Church wardens of Potton v. Brown, 10 Law T., N. S. 525).
74 This case appears not to be within the operation of 11 & 12 Vict. 6. 43, so as to allow of its provisions, especially that in sect. 11 (Vol. I. p. 135), limiting the time of making the complaint to six months, being applied to it, as no order or adjudication is made. See Id. p. 132; Reg. v. Tottenham Board of Health, Ex parte Perry, 1 Law T., N. S. 413, and Suretman v. Guest, 37 L. J. (N. S.) M. C. 69.
3 & 4 Will. 4, Form, No. 15, Oke's “ Formulist,” 6th ed. p. 825) to be paid by the c. 90.
overseers shall not be paid to the treasurer within the time specified (see s. 36) for that purpose in the said order, any justice of the peace upon complaint thereof made to him by the said treasurer, or by any one of the inspectors, may and he is hereby authorized and required to issue a summons under his hand and seal for the said overseers, so refusing or neglecting (or the succeeding overseers to those upon whom the order was served (s. 35)] to pay such money as aforesaid, to appear before two justices of the peace (for the county, &c. in which the parish is situate (s. 77)];-and upon the said overseers appearing, or having been so summoned and not appearing, without some sufficient and reasonable excuse, or not being found, it shall be lawful for the said justices, and they are hereby required, in case the said money is not paid, to issue their warrant for levying the amount, or so much thereof as may be in arrear, by distress and sale of the goods of all or any of the said overseers ;-and in case the goods of all the overseers shall not be sufficient to pay the same, the arrears thereof shall be added to the amount of the next levy which shall be directed to be made in such parish for the purposes of this act, and shall be collected by the like method. [Forms, Nos. 22--24, pp. 828, 829, Oke's “ Formulist," 6th ed.] In addition to the proofs enumerated supra, there should be proof of the appointment of the treasurer (ss. 24, 25), and of the non-payment of the order to him (s. 88).
Treasurer and Officers neglecting to account, and rendering Account Books, &c. or not paying over Monies.] See sect. 26, which is similar to sect. 38 of the Highway Act, 5 & 6 Will. 4, c. 50, ante, p. 1426. [Forms, Oke’s “ Formulist,” 6th ed. p. 829, No. 25, as to forms]
Appeal.] See Note 260, Vol. I. pp. 542—514.
3 & 4 Vict. c. 110.
LOAN SOCIETIES. 75 Recovery of Notes not exceeding £15.] By 3 & 4 Vict. c. 110, s. 16, after demand in writing made by or on behalf of the treasurer of a loan society on the party intended to be proceeded against, or left or sent by the post to him at his usual place of abode or his place of residence as described in the note to the society, one justice, where the party in default may happen to be or reside, may, on complaint made by or on behalf of the treasurer [within six calendar months from the period when the amount is required by the demand to be paid, 11 & 12 Vict. c. 43, s. 11, Vol. I. p. 135, Jacomb v. Dodgson, Note 56, Id. p. 152], grant a summons to all the parties liable, or the actual borrower, or any one or more of the sureties, and proceed
75 The statute 3 & 4 Vict. c. 110, originally intended to be in operation for a year, was continued from time to time, and is now made perpetual by 26 & 27 Vict. c. 56.
to hear and determine the complaint and award the sum appearing 3 & 4 Vict. to be due to be paid (forth with and not at a future period, Parker v. c. 110. Boughey, 31 L. J. (N. S.) M. C. 272] to the treasurer, without any rebate of interest, and costs not exceeding 58.; the amount adjudged to be due to be levied by distress; but the amount of the sum lent must not exceed £15 (s. 13). In default of distress imprisonment under 11 & 12 Vict. c. 43, s. 22, for not exceeding three calendar months unless sooner paid (Vol. I. p. 228). [Forms, Nos. 1-4, pp. 829, 830, Oke's "Formulist,” 6th ed.] It would seem that such a claim comes within the operation of sect. 6 of the Summary Jurisdiction Act, 1879, and is recoverable as a civil debt. The amount may also be recovered in the county court (s. 17).
Rules.] The rules of the society are to be certified by the barrister appointed for certifying the rules of savings' banks, and a copy, certified by him, is receivable in evidence (see ss. 4, 5, 7); but notwithstanding the rules are certified, the justice is entitled to inquire and satisfy himself as to whether the society is one properly entitled to be enrolled under the act (Reg. v. Davis, 13 Law T., N. S. 629; 30 J. P. 65, 66).
LOCAL GOVERNMENT. See “ Public Health.”
LOCOMOTIVES. See “ The Highways and Locomotives (Amend
ment) Act, 1878” (41 & 42 Vict. c. 77), ante, p. 1223. Justices to approve of Locomotives being used on Highways.] 24 & 24 & 25 Vict. 25 Vict. c. 70, s. 3, after enacting the Offence 1, Vol. I., p. 546, further provides, “that whereas it may be desirable that locomotives of a [greater width than nine feet and of a greater weight than fourteen tons, 28 & 29 Vict. c. 83, s. 5) should be allowed to be used under certain circumstances, any person desiring to use any such locomotive on any street or public highway within the city of London or the liberties th of, ,-or within the limits of the metropolis as defined by the 18 & 19 Vict. c. 120 (s. 250],-or within any other city or municipal or parliamentary borough,-or on any turnpike road or other public highway,--shall apply within the city of London to the lord mayor for the time being, and in other places to the corporation, commissioners, trustees, and surveyor, or other persons having the charge of any such street, highway, turnpike or other road, over which it may be proposed to work such locomotive, for permission to use the same;-and the said lord mayor, ... or such corporation, commissioners, trustees, surveyor and other persons as aforesaid shall have power to authorize such locomotive to be used on such road or roads, or part of any road or roads, and under such condition or conditions as to them may appear desirable ;-but in the case of the surveyor
24 & 26 Vict. or surveyors of any highway in England no such permission shall
be valid without also it be approved by the justices acting in petty sessions for any petty sessional division within which it is proposed to use such locomotive.” [Form of Approval, Oke's “ Formulist," 6th ed. p. 830.]
Local Authorities' Regulations as to Hours for Locomotives passing through Streets, &c.] See 41 & 42 Vict. c. 77, s. 31, ante, p. 1237, hereon, Note 262, Vol. I. pp. 546—348.
LODGERS' GOODS PROTECTION. 34 & 35 Vict. Lodger, if Distress levied on his Goods, to make Declaration that c. 79.
immediate Tenant has no Property in Goods distrained.] 34 & 35 Vict. c. 79, “An Act to protect the Goods of Lodgers against Distresses for Rent due to the Superior Landlord," (passed 16th August, 1871), after reciting that "lodgers are subjected to great loss and injustice by the exercise of the power possessed by the superior landlord to levy a distress on their furniture, goods, and chattels for arrears of rent due to such superior landlord by his immediate lessee or tenant,” enacts by sect. 1, “ If any superior landlord shall levy or authorize to be levied a distress on any furniture, goods, or chattels of any lodger for arrears of rent due to such superior landlord by his immediate tenant, such lodger nay serve such superior landlord, or the bailiff or other person employed by him to levy such distress, with a declaration in writing made by such lodger, setting forth that such immediate tenant has no right of property or beneficial interest in the furniture, goods, or chattels so distrained or threatened to be distrained upon, and that such furniture, goods, or chattels are the property or in the lawful possession of such lodger;—and also setting forth whether any and what rent is due and for what period from such lodger to his immediate landlord ; 76--and such lodger may pay to the superior landlord, or to the bailiff or other person employed by him as aforesaid, the rent, if any, so due as last aforesaid, or so much thereof as shall be sufficient to discharge the claim of such superior landlord, [which by sect. 3 is to be deemed a valid payment on account of any rent due from him to his immediate landlord'). And to such declaration shall be annexed a correct inventory, subscribed by the lodger, of the furniture, goods, and chattels referred to in the declaration.” 77
76 This apparently should be in the form of the statutory declaration under the 18th section of the 5 & 6 Will. 4, c. 62 (tit. “ Oaths," post).
77 A lodger making or subscribing such declaration and inventory, knowing the same or either of them to be untrue in any material particular, is to be guilty of an indictable misdemeanor (s. 1). See this tit. in Chap. II. of the Part II., ande, p. 1122, Offence 335.
Justice's Order for Restoration of Goods distrained.] By sect. 2, 34 & 35 Vict. "If any superior landlord, or any bailiff or other person employed by him, shall, after being served with the before-mentioned declaration and inventory, and after the lodger shall have paid or tendered to such superior landlord, bailiff, or other person the rent, if any, which by the last preceding section such lodger is authorized to pay, shall levy or proceed with a distress on the furniture, goods, or chattels of the lodger, such superior landlord, bailiff, or other person shall be deemed guilty of an illegal distress, and the lodger may apply to a justice of the peace for an order for the restoration to him of such goods ;-and such application shall be heard before a stipendiary magistrate, or before two justices in places where there is no stipendiary magistrate, and such magistrate or justices shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the goods or otherwise as to him or them may seem just,—and the superior landlord shall also be liable to an action at law at the suit of the lodger, in which action the truth of the declaration and inventory may likewise be inquired into.”
(See Form Distress, No. 8, Oke's “ Formulist,” 6th ed., 154.)
I. Common Lodging Houses.
I. Common Lodging Houses.