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in any Union occupied by any Person or 'r*'"«'°»*«** '^

•'_, *^ "■•ix "'** mora

Persons having no greater Estate or Interest than £4 in
therein than a Tenancy from Year to Year, orbwderxs
or holding under any Lease or Agreement, ^"^pri,'^"
Leases or Agreements, made after the passing ^^^g.
of this Act, shall not exceed Foiu* Pounds*, — ^ ^ *'
«fy « emf Elootorol Division oituatod wholly

m the Sohodulo onnoxod to ^m -Ae^^-^ s hall



» If property so oeeupied by the uune peison in diflbrent divi-
-sioiui or in nnj parts of the Union, amount in the aggregate to
nore than £4 net annual value, sach oooapier is still liable to be
rated.

^ iA the Borongbs of Dublin, Coric, Limerics, Belfast, and
Watdflord (pp. 101 * 128).



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102 Mating of Ltnon instead of Occupiers. [Part I. 3.

**.^ot["^' ^^ exceed Eight Poundo)* — ^the Rate in re-

iRjsu Poo* gpect of such Property shall, after the passmg^

AuBNOMBNT of thls Act, bo mado on the Immediate Lessor

xfSk or Lessors of such Person or Persons ; and if

^777 at the Time of making any Rate, the Name

sor'snameboof tho Immediate Lessor be not accurately

SrJ^S^iud known to the Persons making the Rate, it

modutow ®^^^1 ^^ suflScient to describe him therein as

w:" **the Immediate Lessor/' with or without

any Name or further Addition ; and such

Rate shall be held to be duly made on hira

Rat« rcco- by such Description ; and shall be recoverable

I" thrtlJding ^^^0^ him accordingly, notwithstanding any

lilfro^^in Erro'' ^^ Defect in his Name or Description,

Name. or the outire Omission of his Name therein\

Modes of 2, And be it enacted, That any Rate or

R^^from Rates made as aforesaid on any Lessor in

Lowow: respect of any Property, whether occupied

by One or more Occupiers, shall be recovered

from him by all or any of the Remedies,

Ways, and Means hereinafter mentioned;

bfAotion: that is to Say, by Action or Suit in the

Name of the Guardians of the Union against

such Lessor in any of the Superior Courts of

by chrn Bill, Record ijj Dubliu' .' or by Civil Bill in the



* The provbions of this section, so far as they relate to the
liability of Immediate Lessors in the Boroughs of Dublin, Cork,
Limerick, Belfast, and Waterford, were repealed by the lietli
section of the Parliamentary Voters Act of 1860 (18 A 14 Vic c
69), and in lieu thereof it was provided by that section that the
Immediate Lessors were to be rated in the Electoral Diviaions
comprising those Boroughs only in cases where the net annual
ralue was under £8. By the Act of 1868 (31 A 89 Vic c 49)«
this last mentioned provision has also been repealed, and it is
provided that the rate is to be made on the Immediate Leaser
only in cases where the Net Annual Value does not exceed £4,
thus placing the Electoral Divisions containing the five Boroughs
in question in the same position, in this respect, as aU the other
Electoral Divisions in Ireland.

»» Under § 21 of 12 & 13 Vic. c 104, the names of 0ccnpicr« for
whom the Immediate Lessor is primarily liable for the payment
of Rate are also to be inserted in the Rate Book (p. 191): aee
Forms of Rate Book, in General Order of 9th September, 1850
(Part IIL)

* See ftirther provisions in 19 ic 13 Vic. c 104, { 15-19, as to
actions or suits for Poor Rate in superior courts (pp. 187-190).



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Past I. 3.] Beeovery of Hates made upon Lesson, 103

Court of proper Jurisdictioii* : or where «uch • ^'^J^"^
Lessor resiles within any County in ^hich lawaPoo*
sueh Union or any Part thereof is situate, AumKoLum
whether the Property in respect of which ^\
such Kate is made he or be not within such ^^^^"^^
County, the Collector of the Rate may, by iiycompuiit
Direction of the Guardians, leave at the Dwel- j^Mtaod
ling House of such Lessor a Notice^, bearing ©iISIS* *'
Date the Day and Year of serving the same,
subscribed with the Name and Abode of such
Collector, requiring Payment of the Rate
within Fifteen Days from the Date of such
Notice, and expressing that within Fifteen
Dajrs the Money demanded may be paid to
the Collector at his House or Office ; and if
such Rate be not paid within such Time, then
it shall be lawful for such Collector to prefer
a Complaint to any Justice of the Peace of
the County in which the Lessor may so re-
side ; and such Justice shall summon the
Lessor so complained against to appear before
him in Petty Sessions and answer the said
Complaint, and shall at the Time specified in
such Summons examine into the Matter of
such Complaint on Oath, (which Oath the
Justice is hereby empowered to administer),
and shall direct the Payment to such Col-
lector of such Sum of Money as he shall find
due and payable as Rate by such Lessor,
together with a Sum certain as and for such cotu.
reasonable Costs and Charges as to such
Justice shall seem meet ; and in Default of
the Appearance of such Lessor, or on his Re-
fusal or Neglect forthwith to pay the Sum or
Sums so by such Justice directed to be paid,
it shall be lawful for such Justice, or for any
Justice of the Peace for such County, to

»8ee further prorMoiu In 12 & 18 Vio. o. 104. S 39, 80, as to
ClTil Bill prooeedtnga for reooverf of Foor Rate (pp. 196, 197).
* See Form of Notice in Part IV.

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104 Recovery of Hates made upon Lessors, [Pakt L 3.



6 & 7 Vic.



issue his Warrant authorizing or empowering
iRKu Poor the Said Collector to levy the Money thereby
AMJw^MKivT ordered to be paid, by Distress and bale of
\M, *^y Goods or Chattels of such Lessor which
— may be found within any Part of such County,
rendering the Overplus, if any, to such Lessor,
the necessary Charges and Expenses of dis-
training being first thereout deducted, as
directed by such Justice : and if sufficient
Distress cannot be found within the same
County, then on Oath thereof made before
any Justice of the Peace of any other County
in which any of the Goods and Chattels of
such Lessor may be found (which Oath such
Justice shall administer and certify by in-
dorsing in his Handwriting his Name on the
Warrant granted to make such Distress), the
Goods or Chattels of such Lessor shall be
subject and liable to such Distress and Sale
in such other County where the same may
be found, and may by virtue of such Warrant
and Certificate be distrained and sold in the
same Manner as if the same had been found
^aa^ul within such first- mentioned Countv : and in
maygiTo any such Action or Suit, or Civil Bill, or
cacht^r Complaint before a Justice of the Peace
against such Lessor as aforesaid, no Lessee
or Occupier of the Property in respect of
which such Lessor shall be rated shall be
disabled or prevented from giving Evidence
therein by reason of his being such Lessee or
Occupier, or of any Liability to pay J^ate in
NoAoUon respect of such Property: Provided always,
withourX ^ that no Action shall be brought in any of the
STco^n^t Superior Courts of Record in Dublin without
the Consent of the Poor Law Commissioners'.



» See further provisions in regard to proceedings for recoverjr
of Rates by Action or Suit in the Superior Courts, and by CItU
Bill, in 12 ft 18 Vio. e. 104> § 16-1» (pp. 187-190X and § 2», 30
(pp. 196, 197).



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Paht I. 3.] Rating of Lodging-Houses. 105

3. And be it enacted. That if such Rate ^Vj^"'-
be not paid by such Lessor within Four Ca- ibi^pwb
lendar Months after the making thereof, it ambitombnt
shall be lawful for the Guardians of the Union i^;
to give >i'otice in Writing, in the same Man- 1,^^57;^^
ner in which Summonses may be served un- pi^d by
der the said first-recited Act*, to the Occupier withii four
or respective Occupiers of any such Property**, "°J*Jj'^*.
to pay the Pate due in respect of the Pro- •^Twedfrom
perty in his or their Occupation ; and after the \fL ^^ *'^'
Expiration of One Calendar Month from theitrr^i
Time of ffiving such Notice, it shall be lawful Hontju^to

IT • IT* ** l-.ctwnr, or

to recover such last-mentioned Kate tromrc«oTerit
every such Occupier, or, in his Default, from ^^'"" *'^"*
any subsequent Occupier, according to the
Provisions of the said Act'' ; and every Occu-
pier so paying such Kate may deduct, from the
Rent he may be then or next there^^ter liable
to pay in respect of any such Property, the
whole of any Rate he may have paid in respect
of the same Property ; and if Rent suflScient
to cover such Kate be not then or do not
thereafter become due from such Occupier, ho
shall be entitled to recover the same from
such Lessor by Civil Bill : and any Covenant
or Agreement by which any such Occupier
ahaU have covenanted or agreed to forego the
Deduction of any such Rate, shall, so far as
such Rate is concerned, be of no Effect^

4. And be it enacted. That where anywhere
House is let in separate Apartments or Lodg- "t hTToSJ^
ings, no Tenant of any such Apartment ox'^l^^l^^^^
Lodging shall be liable to be rated in respect Lodgings to



« 1 A S VIo. C. 66. S 98 (p. 74).

* Se« Form of Notice to OocuplerB in such cases, in Part IV.

• 1 4s 3 Via c 5, 6, § 73, 78 (pp. 62, 66).

<* A dmUar prorision in f 77 of 1 A 3 Vic. e. 66 (p. 66X a« to
ooTenants to forego deduction of Rate where the oo6apier is him-
•ttf rateable, ia repealed by % 13 of 18 A 18 Vio. c 104 (p. 186);
b«t that section does not apply to the provision in this section,
which remains in furoe.

f3



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106 Bating of Lodging-Housa. [Part I. 3.

^^o92^' *^®reof, but the Rate shall be made in respect
Irish ptor of the whole of such House upon the Imme-
amsnombnt diate Lessor under whom such Apartments
,^^ or Lodgings are held ; and such l^ate shall
be nrt^tor ^® rocovered from such Lessor by all or any
the whole of the Remedies, Ways, and Means herein-
M^of before provided* for the Recovery of Ratea
reooToiing whoro Lessors may be rated : Provided al-
SJJ*/""" ways, that if such Rate be not paid by such
ifiutenot Lessor v^ithin Thirty- one Days after the
\nT^nfZ^ making thereof, it shall be lawful for the Col-
p»yi,itinajr lector to rocover such Rate from any Person

oe reoorerea __ » r\ • nth

from the or Persons m Occupation of such Apartments

ofThe L^g- or Lodgings, according to the Provisions of

ISSbede- the said first-recited Act^; and every Occu-

^oted^from pier of such Apartment or Lodging so paying

oorered'fr'l^m such Kato, may deduct from the Rent he may

L^Si**!**" b® ^^^^ ^r °®^* thereafter liable to pay in

respect thereof, the whole of any Rate he may

have paid in respect of the same ; and if Hent

sufficient to cover such Rate and Money be

not then or do not thereafter become due

from such Occupier, he shall be entitled to

recover the same from such Lessor by Civil

ProTiBM: gjjj. Provided always, that nothing herein

Sr^^w?- contained shall prevent the separate Valuation

Jf nKi^"' and rating of such Portions of a Tenement

as are held separately from the Remainder,

and to which there is an exclusive Right of In-

ho,^*iike g^'^ss : Provided always, that nothing herein

b?JSfd*t? contained shall prevent the Rate in respect

immediate of such Houso as kst afore^aid from being

ihSe^Hoiue; madc uudcr the Provisions herein-before con-

tained on the Immediate Lessor under whom

the whole of such House is held* : Provided



•5 a (p. 102).

* § 73, 78 of 1 * 2 Vic. C. 66 (pp. 52, 55).

« } I (p. 101). Under the first portion of $ 4, th« person whots
tenant or lessee of the whole house, and who is the lessor of tht
lodgings therein, hi to be rated ; but where the net annual ▼»!«»



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Pabt L 3.] Jiaiinff o/Leatars, 107

always, that nothing herein contained shall *^^'^'
he construed to repeal or affect the Provi- iwmpoob
■ions of an Act of the Third and Fourth ambitdmnt
Tears of the Reign of Her present Majesty, ,^
intituled A n Act for the Regulation ofmunu ^^j^^ ^
cipal Corporations in Ireland, which enables ntod und«r
any Persons occupying any House, Ware- c^^^iu
house. Counting-house, or Shop to claim to ^^^
be rated to the Relief of the Poor in respect
of such Premises respectively, whether the
Landlord shall or shall not be liable to be
rated to the Relief of the Poor in respect
thereof, and to be enrolled as a Burgess
under the Conditions provided in the said
recited Act*.

5. rAad whoroQO fe is ppovidod by Ae said i**^*^
firot Fooitod Aek Aa^ m a^ Co s o where ihe an^vdM
aet €tfi»«al Voluo ef aay Property shali boI t^^Lmd^.
amount te Five Poundo» if ^he Qooupior aad "Jf^J*^
his Immediat e Loooor by aay Writing «»dep oooupien,

<i»l«a»ll Vfc«r r> ^^■■■■^■■■■♦^v ^k£ ♦'»»'*'^««» M^^<%««^ «v^ag^^^ *■** .>v««^>*..,». /Sn&nilMBA.

WRT ^B^X^TU ^ASRSC^ JJ\^1AIV& OSZCBs V/^ sXBCCCk ^^BVCvKt

ef saeb Qooupior ; aad whoroao k is oxpodi
em te extend sueh Powotd ; -Be i^ thoiwogo

PiovioioDC incidental thereto^ shaU extend %e

X A LP |^L«A L^ ^TK^^C^^fw ^^^^^ X UUXXCB9 •

6. And be it enacted, That in all Cases in Aiiooodt
which, under the said first-recited Act or this Pn,^ for
Act, it is made lawful to levy any Money by J^'^ nSJi



Di the house does not exceed £i, the immediate landlord of that
person is to be rated nnder this proviso and § 1.

ft See Municipal Corporations Act, 8*4 Vic. c. 108, { S3 (In
Part IL p 34e), for provisions enabling occapiers in snch cases
to be rated.

k This section as weU as f 73 of 1 a 3 Vie. c 66, which is
feslted in It, is repealed by the Iftfh section of the Act 81 a S2
Vku€.4»(p. 887).



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108 Recovery of Mates: Distraint — Valuations. [Part I. 3.

^ V^^^' I^5s*i^6S8 and Sale of the Goods of any Person,

iRwA ptor all Groodfl and Chattels to whomsoever the

amrndmknt same may belong, found on any Premises in

1843'. respect of which any Person is or shall be

-^^ rated as the Occupier, or as Occupier of which

ma^bo dis- he is liable to pay the Rate, shall be liable

trained. ^^ ^^ distraiuod and sold as if they were the

Goods and Chattels of such Person.



Sunreys and
Valualions.



Valoations
of entire or
Pftrt« of
Unions to be
made by a
Valuator
appointed or
•anotioned
by tbe Com-
miaiionen.



SURVEYS AND VALUATIONS FOR RATING.

7. And whereas in the said first-recited
A ct it is enacted*, that it shall be lawful for the
Commissioners, where they shall see fit, either
to appoint or to direct the Guardians to ap-
point a fit professional Person or Persons to
make a SurA^ey and Valuation of all or any
Hereditaments liable to be rated in any Town-
land within a Union, or to revise and correct
any existing Survey or Valuation: And whereas
Doubts have been entertained whether any
such Person appointed by the Commissioners
may enter on Lands and Buildings in like
Manner as a Person appointed by the Guar-
dians; and whereas Uoubts have also been
entertained as to the Extent to which a Valu-
ation made by a Person appointed as first
aforesaid is binding on the Guardians ; and it
is desirable to remove such Doubts, and to
extend the Provisions herein recited: Be it
enacted, That the Commissioners may from
Time to Time appoint a fit and proper Person
to make a Survey or Valuation, or revise or
correct any Survey or Valuation already made
or hereafter to be made of all or any rateable
Hereditaments, whether for any Portion of a
Union or for any One or more Unions ; and
that the Conmiissioners may, if they see fit.



• 1 fc a vie. C 66, $ 66 (p. 47).



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Part I. 3.] MaJcing of Rates. 1 09

direct the Guardians of any Union to appoint ^ Vm '^
a fit and proper Person to make such Survey i»«" poo»



Law



or Valuation, or to revise or correct any iSur- AMBfn>MBifT
vey or Valuation now made or hereafter to be f^^
made; and every Person so appointed by the ^^^ —
Commissioners* may, for the Purpose of mak- mly"^
ing or revising any Survey or Valuation, at all ^""**** =
reasonable Times enter every Field, Garden,
or other enclosed Land, and all Buildings (not
being inhabited Dwelling Houses) situated
within such Townland or District; and every
such Valuation made or revised by the Person
00 appointed shall, when signed and sealed by
theCommi8sioners^ be the Valuation on which
the Rates for such Townland, District, Union,
or Unions shall be assessed and made; and it ^^ ''^ ^
shall not be lawful for the Guardians in making vaiuatiJ^'^
any Rate to depart from or vary the Value as "^^^l^
stated in such Valuation of any Hereditaments '*^t^d'*,rom"
contained in such Rate, but every such Rate
shall be assessed on the net annual Value as
set forth in the Valuation so made and revised,
and sealed by the Commissioners: Provided Provi»#:
always, that on any Appeal against the Kate to i^lKSf
any Sessions of the Peace under the said first J^fJ'foraer
and secondly recited Acts, it shall be lawful sututo;
for the Assistant Barrister and Justices, or
for the Recorder, before whom such Appeal
is brought, to hear and finally determine the
Hatter of such Appeal, in like Manner to all
Intents and Purposes as in the said Acts is



• Power of entry is given to a person appointed by the Goar-
diaaa, ander § 66 of 1 a 3 Vic c. 66 (p. 47).

^fl3ofl3ai8 Vie. c. 104, declares that it is not necessary for
the Conunissionere to sign and seal any Valuation unless they
•ee flt to do so, and that a Valuation duly made and revised,
whether signed and sealed by the Commissioners or not, shall be
deemed to be the Valuation in force (p. 186). Further provision
has since been made for a General Tenement Valuation under
U a 16 Vic c 63 (Part II. p. 366) : and the Rates are now in aU
cases nuide on the Valuations under that Aot



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110 Appeal against Rates. [Part L 3.

• * 9^'*^' provided*, notwithstanding that snch Valoa-
iRiw Poor tion as herein-beforc mentioned has been so
AMawDMBNT made or revised, and signed and sealed bj
1843* t^6 Commissioners: Provided also, that if on
^ — r. any Appeal airainst the Rate it shall be de-
ooD7 of cided by such Assistant Barrister and J usticea
courton A - Or Rocorder, that any Hereditament is unfairly
Srio^era'to ^^ improperly assessed in any Rate made in
SSSfon of P^^'suance of such Valuation as aforesaid, a
Valuation in Copy of tho Order of the Court amending such
SSSSr Rate shall be transmitted by the Clerk of the
Peace or proper Officer of the Court to the
Commissioners, who shall thereupon authorize
in Writing the Alteration of such Valuation
in Conformity with the Decision of such Court;
and such Valuation so altered shall thence-
forth be adhered to in making any future Rate,
until the said Rate may be again amended aa
' aforesaid on Appeal, or until the Commission-
ers shall see fit to appoint or sanction any
Person or Persons to make a new Survey or
Valuation as before, or to revise any existing
Survey or Valuation^.

APPEAL AGAINST RATES.

^«rt to 8. And whereas by the said recited ^ ct

peiitobr passed in the First and Second Tears of Her
I^Mta Majesty's Reign the Power of Appeal' against
^^' a Rate was given in certain Cases to any Ses-
sion of the Peace to be held in the Presence
of the Assistant Barrister in and for the
County in which such Rate should have been
made; and by the said Act passed in the
Second Year of the Reign of Her Majesty* it



» 1 A 2 Vic. C 66, % 106 (p. 79), et seq.; 2 Vic 0. 1, § » (p. W)^
and see S 22, 23 of 12 A 13 Vie. c. 104 (p. 191).

^ The Valuations are now made and revised under the provi-
sions of the General Tenements Valuation Acts (see Part 11.^
p. 266).

• 1 * 2 Vic. C. 66, § 106 (p. 79).

« 2 Vic C. 1, § 9 (p. 98;.



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Past L 3.] Appeal against Rates, 111

wag enacted, that every such Appeal should be • ^/jj"®*
made and heard, and the Matter thereof de- '*",^^*^
termined, bj any General or Quarter Sessions AjoMOMirr
of the Peace held for the County, County of wSl
a City, or County of a Town in which the —
Cause of Complaint may have ansen, although
such Session should not be held in the Presence
of an Assistant Barrister: And whereas cer- !><»»►*• re-
tain Unions extend over Portions of Counties, "**'
and Portions of Counties of Cities and Towns,
and Doubts have arisen whether in such Case
an Appeal against a Rate ought to be made to
the Sessions of the Peace for the County, or
County of the City or Town in which the
Workhouse of the Union is situate, or to the
Sessions of the Peace in which the rateable
Hereditament in respect of which the Appeal
is intended to be made is situate ; and it is
expedient to remove such Doubts: Be it^^^j^^^^
enacted. That in case the rateable Heredita- ^''to blT
ment in respect of which any Appeal against SI?cl!I^
a Kate is intended to be brought shall be
situate or arise whoUy within any County at
lar^e, or wholly within any County of a
City or Town for which a General or Quarter
Sessions of the Peace shall be held, the Ap-
peal against such Rate shall be made to the
Sessions of the Peace of the County or County
of the City or Town (as the Case mav be)
within wtuch such Hereditament shall be
situate or arise; and in case such Heredita-
ment shall be situate or arise partly within a
County at large and partly within a County of
a City or Town for which a General or Quarter
Sessions shaU be held, then to the Sessions of
such County at large or such County of a City
or Town to which the Appellant shall choose
to appeaL



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Ill



Inspection^ dtc, of Valuations, [Part I, 3.



C * 7 Via

C.92.
Irish Poor

Law
asirndmbnt

Act,

1843.

Inspection of
Valuations :
Repeal of
§69ofpro-
▼iouR Act.



Valuation
may be in-
STNKitod by
Poraons
affected, at
Tiroei) stated
and copies
or extracts
Uken.



Penalty for
refosing
(Copies or
Bztraots.



INSPECTION, &C., OF VALUATIONS.

9. And whereas by the said first recited
Act it is provided*, ** that before the first Kate
shall be made in any Union under the provi-
sions of the said Act, and also previously to
the making of any subsequent Rate upon any
new Valuation, the said Guardians shall give
such Notice as the Commissioners shall direct
of the Place and Period, not to be less than
Twenty-one Days, at and during which the
Valuation whereon it is proposed that a Rate
shall be made of the rateable Property within
the Union, may be seen; and such Valuation
shall be shown at such Place and during such
Period, by such Persons as the Guardians
shall direct, and every Rate-payer within such
Union shall be allowed at all Times between
the Hours of Ten and Four during such Period
to inspect such Valuation :" Be it enacted, That
the same shall be and is hereby repealed ; and
That it shall be lawful for any Person or Per-
sons affected by any Rate in force in any
Union, at all Times between Ten o'clock in
the Forenoon, and Four o'clock in the After-
noon, Sundays excepted, to inspect every
Valuation on which such Rate shall have been
made, and to take Copies thereof or Extracts
therefrom, without paying anything for the
same^; and in case the Person or Persons hav-
ing the Custody of any such Valuation refuse
to permit such Person or Persons so affected
by the Rate as aforesaid to take Copies thereof
or Extracts therefrom, the Person or Persons
BO refusing, or not permitting any such Copy
or Extract to be made, shall for every such



a 1 A 2 Vic. C 66, § 69 (p. i9).

^ Under 1*2 Vio. c. 56, ( 70 (p. 60X persons affected by tht
rate may inspect and tal^^ copies or extracts from tlie rate also.



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Pabt I. 3.] Form of Bate, 113

Offence forfeit and pay any Sum not exceed- •*^;,J['*^*
ing Ten Shillings, to be recovered as Penalties ih^bpoob
and Forfeitures are recoverable* under the said amkndmbkt

^**'** 1843.

FORM OF RATE, &C.

1 0. And be it enacted, That the Provi- Form of
sions of the said first- recited Act by which it Std^aoB
is required that certain Particulars set forth JJ^n^'R^.
in a Form in a t>chedule to the said Act an- pe^pV§65
nexed shall be inserted in the Rate Book, and Relief acT'
that the Guardians or other Officers compe-
tent to the making of the Bate shall sign th^
Declaration at the Foot of the said ^'orm\
shall be and is hereby repealed ; and that it commiwioB-
shall be lawful for the said Commissioners li^^'L*!^
from Time to Time to prescribe the Form in cL^^of "**
which Kates shall be made, and the Particu- ^^'''J*"*?
lars which shall be contained in the Eate vlSae, and
Book^ ; and that hereafter the Clerk to the^,S>'::*;r''



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 11 of 90)