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or partially completed, or to the provisions
thereof applicable or necessary for the final
completion of such of the said valuations as
had been only partially completed, was re-
pealed by the 15 & 16 Vic. c. 63, by which

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256 General Valtuttion Acts. [Part II. 1.



Gknbilal
Valuation



provision was made for " one uniform valua-
Acre. tion of lands and tenements in Ireland, which
may be used for all public and local assess-
ments and other rating."

This last-mentioned Act, together with the
Acts which have since been passed amend-
ing it in various matters of detail, are given
below.



15 * IC Vic. 15 & 16 ViCT. CaP. 63.

0.63,

Valuation An Act to amend the Laws relating to the Vidua-
iB!>i tion of rateable Property in Ireland,



[30th June, 1852.]



Whereas it is expedient to make one uniform
valuation of lands and tenements in Ireland, which
may be used for all public and local assessments
and other rating, and for this purpose it is neces-
sary to amend the laws now in force for the
valuation of lands and tenements in Irekmd : And
whereas an Act was passed in the Session of
Parliament holden in the ninth and tenth years
of Her present Majesty's reign, chapter one hun-
9& 10 Vic. dred and ten, intituled An Act to amend the Law
^ relating to the YakuUion of rateable Property in

Irekmd : And whereas, under the provisions of
the said Act, the tenement valuations of certain
coimties have been made and completed for Poor
Law purposes : Be it enacted by the Queen's most
Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled,
and by the authority of the same —
When the 1. Tliat the tenement valuation for poor law
vdSton puriMDses so made and completed in or for any

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Pabt n. 1.] General ValuaHon Act, 1852. 257

oounty or barony, county of a city or county of ** * ^ ^'*^*
a town, under the provisions of the said Act, —
shall, anything in the said Act to the contrary "t hU^c^
Dotwithstanding, be in force and be used as well completed,
for the purposes of all county assessments or grand shaii be in
jury rates, or city, town, or parish rates, as ^or J|'J^*'J**^'
the purposes of poor law assessments or rates, PubUcand
but subject nevertheless to such correction and m^i't^but*
revision as by this Act is herein-after provided. ?V'»J.*^ *»

2. And whereas in certain baronies and poor under th.<
law unions such valuation under the provisions ^^^

of the said recited Act has been only partially Tonem.nt
made, and the primary tenement valuation thereof ^Jjj^^"*
has been only so far carried on before the passing redted Art
of this Act as to be printed or ready for printing : buJ^n'^J*'''
Be it enacted, That the Commissioner of Valua- wholly com-
tion shall carry on and complete, under and pur- ^aiuat.o'Jr**
suant to the provisions of the said recited Act, the ^ ^^'"'1
tenement valuation of all baronies or poor law uut Ae^ «nd
unions, the primary tenement valuation of which In^aJ^/^i
shall have been, under the provisions of the said ^ooai assess-
Act, printed, or completed so as to be ready for "*"
printing, previous to the passing of this Act :
Provided always, that such Commissioner shall
not make any separate valuation in townlands for
the purpose of county assessments as by the said
recited Act was directed : And provided also, |«e>i
that such tenement valuations, when completed, v*^iuatioiiH
shall, subject to such correction and revision as ^^^^,^1 ^'^'
by this Act is herein-after provided, be used and CountT
be in force, as well for all county assessments or p^t^"*""-
grand jury rates, or city, town, or parish rates,
as for poor law assessments and rates, anything
in the said recited Act to the contrary notwith-
standing.

3. And, save and except so far as relates to f *J^^!**
such valuations so wholly or partially completed piciion of
as aforesaid, and to the provisions of the said Act v"a,°i*uoM.
applicable or necessary for the final completion of the recited
such of the said valuations as shall have been only vio.*e[ u^,
so partially completed as aforesaid, and the several rop«»i«i i
matters and things relating to such completion,

and save and except as to any matter or thing

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258



General Val^iaHon Act, 1852. [Fakt II. J.



15 & 1« Vic.
o 63.

but Vilua-
tioiiH mad-)
UDdcr that
Act, or under
« & 7 Wm. 4,
«i. 84, shall
remain in
Ibrco until
alided uudor
this Act.



In any
Caimty
wherein a
Tenement
Valaatiou
hay been
oomplotod,
Commis-
sioner maf
«ltor the
Valuation so
lar as may be
iH'cortiary to
briiif; tho
whole to a
nnir'urm
».ule, >>a*ic!l
on ih«? sche-
dule of prices
contained in
tho Act.



Persons
acting under
recited Acts
to continue
in di^^harge
of their
duties till
otherwise
direoted.



heretofore done, the said recited Act of the ninth
and tenth Years of the reign of Her present Ma-
jesty shall be and is hereby repealed : Provided
always, that any valuation made under the said
recited Act, or under the Act of the sixth and
seventh years of His late Megesty King WiUinm
the Fourth, chapter eighty-four, relating to the
uniform valuation of Irdandy shall respectively
remain in full force and effect, in manner afore-
said, until altered or revised imder the provisions
of this Act, notwithstanding any omission or error
in matter of form which may have occurred in
relation thereto.

4. In any of the counties, poHions of counties,
counties of cities or counties of towns, wherein a
valuation in tenements rateable to the relief of
the poor has been completed as aforesaid, or shall be
carried on or completed as herein before provided,
according to the provisions of the said recited Act
of the ninth and tenth years of the reign of Her
present Majesty, it shall be lawful for the Com-
missioner of Valuation to make such reductions
and alterations in the valuation of the several
l)aronies, parishes, townlands, and tenements which
have been so valued as may be necessary to bring
the whole to a uniform scale of value, 'based upon
the table of prices of agricultural produce con-
tained in this Act*, all local circumstances in each
case being taken into consideration, and subject
to the same rules and regulations in respect to
appeals as herein-after 8peclfied^

5. The Commissioner of Valuation and' other
persons heretofore appointed or acting under the
said recited Acts or any of them, in any county,
shall, and he^ and they are hereby authorized and
required, notwithstanding the passing of this Act,
to continue to discharge and execute their several
duties and offices, for the purpose of carrying tius
Act into execution, without any further or other
appointment thereto, until the Lord lieutenant of
Ireland shall otherwise direct.



•I 11 (p. 260).



»»}M. W(pp. 267, J6$).

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Tart II. 1.] General Valuation Act, 1852. 259

6. Upon the death, resignation, or removal of *' * «^'^'
sa(^ Commiasioner of Valuation, or any other gexkrai.
Commissioner of Valuation hereafter to be ap- ^ai^^tion
pointed under this Act, it shall and may be lawful i«02'
for ih» Lord Lieutenant from time to time to LordTieu-
nominate amd appoint one fit and proper person **•"»"* m«y
to be Commissioner for the several counties in commi**
Ireland, to be called the Commissioner of Valua- "jju^'^t^.
taon, who shall hold such office during the will Bovcrai
and pleasure of the Lord lieutenant^ and who *'°""*"^
shall make or cause to be made a valuation of the
tenements and hereditaments within every barony,
pariah, or other division in any county, when
directed so to do, and shall proceed in such valua-
tion at such times, and in such manner, and under
such regulations, as such Lord Lieutenant shall
order, direct, and appoint.

7. It shall be lawful for any Commissioner of Commi*-
Yaluation who shall be continued or appointed VaiuaUon
under this Act to nominate and appoint from time viuaton '"^
to time any number of writing clerks and sur- SurTeyow.'
veyors, or any nimiber of persons conversant and cTerksfio.
professionally employed in surveying and valuing

land and houses, or, in cases of towns, in valuing
of houses only, to be valuators, and to remove all
or any such persons from time to time, and to
nominate any other person or persons to act in the
place and stead of the person so removed.

8. It shall be lawful for the Lord Lieutenant Lord Lieu-
to give such orders, instructions, and directions giyJ^r^rJ
for the conduct of the said Commissioner or Sub- »« to conduct

. . ofComnus-

Oommissioners, valuators, and surveyors respec- aionemnd
tively, and for such clerks or other persons, in the ^*'"*^<>™
disdiarge of their several duties under this Act,
as to such Lord Lieutenant shall from time to time
seem fitting and expedient for the due execution
of this Act*

9. It shall be lawful for the Lord Lieutenant Counties not
to direct the said Commissioner of Valuation to vaiucdto bo
cause a valuation in townlands and tenements to valued, and

a See S8 Tic c 4, ^ 4 (p. 991), under which future Commis-
vionen of Valiuitioii ore to be appointed b^ the lK>rds of the
Trc'asary.

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260



General Valuation Acty 1852. [Part II. 1.



15 k 16 Vic.
0.63.

tbe Val na-
tion of th'ttM
which hare
been pre-
rioualy
ralaed to be
reTJsel under
(his Aot.

Commis-
sioner ftnd
Vsluators
majr enter
any land,
house.'",
gardens. &o.,
in f xecution
uf this Act '



Toticments
to be valued
separate! 7
upon an



be made under this Act of every county, part of
a county, county of a city or county of a town, the
tenement valuation of which shall not have been
then commenced, or not so fax completed under
the said recited Act as that the primary tenement
valuation thereof shall have been printed, or ready
for printing, before the passing of this Act.

10. It shall and may be lawful for any Com-
missioner of Valuation to be appointed or continued
under this Act, and for any valuators, surveyors,
or other persons continued or appointed under
this Act, from time to time to enter into and upon
any tenements or hereditaments, for the purpose
of making or carrying on any valuation or revision
authorized by this Act : Provided always, that in
every case in which it shall be necessary for any
such Commissioner, valuator, surveyor, or other
person to enter any house, or any walled garden,
or orchard, or pleasmre-grouud, and when the owner
or occupier thereof shall oppose or refuse to allow
such entry, such Commissioner, valuator, surveyor,
or other person shall give three days' notice to
the owner or occupier of such house, garden,
orchard, or pleasure-ground, requiring to be per-
mitted to enter the same ; and at any reasonable
time after the delivery of such notice it shall be
lawful to make such entry, such Commissioner,
valuators, surveyors, or other persons doing as
little damage as may be in the execution of the
powers to them granted by this Act, and making
reasonable satisfaction (if required) to the owners
of and other persons interested in any such
tenements or hereditaments, gardens, orchards, or
pleasure-grounds, which shall or may be in any
way hurt or damnified in or by the execution of
any of the powers of this Act ; and this Act shall
be sufficient to indemnify such Commissioner,
valuators, surveyors, or other persons, and all
j)ersons acting in aid or under the orders of any of
them, in the execution of this Act.

11. In every valuation hereafter to be made,
or to be carried on or completed under the pro-
visions of this Act, the Commissioner of Valuation



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Part H. 1.] General Valuation Act, 1852. ' 261

shall cause every tenement or rateable heredita- '•' * Ij^'*"
meat herein-after specified* to be separately valued, gknkral
and such valuation in regard to the land shall be ^^^^^^^^
made upon an estimate of the net annual value isss.
thereof with reference to the average prices of the estimate
several articles of agricultural produce herein-after o^ t»>o net
specified, all peculiar local circiunstances in each with
caise being taken into consideration, and aU rates, ^^f^'of
taxen, and public charges, if any, (except tithe- agricuituna
rentcharge,) being paid by the tenant ; (that is to Lrein***

3£^y) ooDUioed.

Wheat at the general average price of seven
shillings and sixpence per hundredweight of
one hundred and twelve pounds :

Oats at the general average price of four shil-
lings and tenpence per hundredweight of one
hundred and twelve pounds :

Barley at the general average price of five
shillings and 8ix[)ence per hundredweight of
one hundred and twelve pounds :

Flax at the general average price of forty-nine
shillings per hundredweight of one hundred
and twelve pounds :

Butter at the general average price of sixty-
five shillings and fourpence per himdred-
weight of one hundred and twelve pounds :

Beef at the general average price of thirty-five
shillings and sixpence per hundredweight of
one hundred and twelve pounds :

Mutton at the general average price of forty-
one shillings per hundredweight of one hun-
dred and twelve pounds :

Pork at the general average price of thirty-two
shillings per hundredweight of one hundred
and twelve pounds :

And such valuation in r^ard to houses and build- Suoh raiiu-
ings shall be made upon an estimate of the net ^ houa^*'*^
annual value thereof ; that is to say, the rent for Ac, to b«
which, one year with another, the same might in „ MtUn»te

• In } 13.

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262



Gmeral Valuation Act, 1852. [Pakt II. K



of the net

anna»l

value.



What hore-
ditAm'?n(i<
are nit(*iible.



*^ * *63.^ **^' ^^ actual state be reasonably expected to let from
year to year, the probable average annual cost of
repairs, insurance, and other expenses (if any)
necessary to maintain the hereditament in ita
actual state, and all rates, taxes, and public
charges, if any, (except tithe-rentcharge,) being
paid by the tenant'.

12. For the purposes of this Act the following
hereditaments shall be deemed to be the rate-
able hereditaments ; viz., all lands, buildings, and
opened mines; all commons and rights of com-
mon, and all other profits to be had or received or
taken out of any laiid ; and in the case of land or
buildings used exclusively for public, scientific,
or charitable purposes, as herein-after specified^
half the annual rent derived by the owner or
other person interested in the same, so far as
the same can or may be ascertained by the said
Commissioner of Valuation ; and all rights of
finery ; all canals, navigations, and rights of
navigation ; all railways and tramroads ; all rights,
of way and other rights or easements over bind,
and the tolls levied in respect of such rights and
easements, and all other tolls : Provided always,
that no turf bog or turf bank used for the exclu-
sive purpose of cutting or saving turf, or for
making turf mould therefrom, for fuel or manure^
shall be deemed rateable imder this Act, unless a
rent or other valuaUe consideration shall be pay-
able for the same: And provided also, that no
mines which have not been opened seven years
before the passing of this Act shall be deemed
rateable until the term of seven years from the
time of opening thereof shall have expired ; and
no mines hereafter to be o{)ened sliall be deemed
rateable until seven years after the same shall
have been opened ; and mines bond fide re-opened



• This deflnitioii of net uintiftl raJve In rAgard to hovita uid
l>uiIdiDg8 is the same as the definition of rateable heredftamentt
to the Irish Poor Relief Act (see p. 4<).

^ Section 15 of this Act, which is here referred to, has been
repealed, and other provision made bj the 17 Tio. c. t, | t
(p. 966).



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Pakt IL 1.] Genial Valuation Act, 1852. 26a

after the same shall have been bond Jlde aban- ^^ * ^l^^'
(kmed shall be deemed an opening of mines within GBxnxL
the meaning of this Act ^^^/^T"*''

13. For the purposes of such valuation all mills iW2.
and buildings erected for manufacturing or other ah mil!«.fte.
porpoees, together with the water power thereof, J^^*"
shall be included in such valuation, provided that wsior power,
the wat«r power of any mill or manufactory be ****** '»J«»«<i-
only valued so &r as it may be actually used, and

that such valuation shall not extend to or include
the value of any machinery contained within such
mill or maxiu&ctory*.

14. No hereditament or tenement shall be ^'°*{j^"
Hable to be rated in respect of any increase in the inor«Med
value thereof arising from any drainage, reclama- a^i"^""^'''
tion, or embankment from the sea or any lake or TeciamaUon
river, or any erection of farm, outhouse, or office "^^'*"*'
buildings, or any permanent agricultural improve-
ment as specified under the provisions of an Act

passed in the Session of Parliament held in the
tenth and eleventh years of the reign of Her
present Majesty, chapter thirty-two, section four\
made or executed thereon within seven years next
before the making of such valuation or revision.

15. [This section required the Commissioner of CommiH-
Vahiaticm to distinguish hereditaments of a public Valuation
nature, or used for charitable or scientific pur- 5^*tfnfuiBh
poBeB, and declared them to be exempt from •)! i^ott^*



» TbU section is repealed by the 13tb section of the 28 Vie. c. 4,
and further provision is made as to the valnation of mills bj
the 7tb teetlon of that Act (see p. 3d3).

^ The following are the terms of 9 4 of the Land Improvement
Act of 1847 (10 Vic. c. 32), here referred to :—

** An4 be H enacted, that it shall be lawful for the said Com-
*• mlnionerB of Public Works, upon application made to tbem
** muler the prorisions of this Act, and subject to such rules and
** refidatfona ut may from time to time be made by tbe Coramis-
*- lioBfln of Her MiU«aty'* Treasury, to make loans under tlila
** Act for the following purposes: that is to say, for the drain-
** age of any lands bf any such means as tbe said Commissioners
** shall approve, for aabsoUing, trenching or otherwise deepening
** and improving the soil, for irrigation or warpin|f of land« for
« ^mi^nUng Ifluds from tho ses OT tidal waters or rivers, for
"enchMiog or fencing any land, or improving the fences,
**draina, atreama, or waterooimea of any land, tut the redi^
"matiOBOf waste or tfthier land for making farm roads, or for
** clearing lands of rocks and stoiies.**



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264



General Valuation Act^ 1852. [Part II. 1.



15 &16 Vic
c. 63.

of a public
nature, or
UM'il for
rhiri tabic
purpose ■»,
wliirh Hhnll
bo oxeinpted
from assess-
niunL

No houses to
hp oxcmpted
from

ai>i>l'>tment
ut:less

alio;jpthor of
a public
nature, or

cxclusivclr
for charitable
purposes.

Lists of
valuation,
&o., when
compleU'. to
bo sent to the
TreaaurerM,
of count i«'9,
Clerks of
Boards of
Guardians,
and Town
Councils,
where
interested.



Clerk of the
Board of
Gtiardians
shall post
notices on
church and



assessment ; the section has, however, been
repealed, and other provisions made by the 1 7th
Vic. c. 8, § 1, 2 (see pp. 285, 286).]

16. For the purposes of such* valuation, no
hereditaments or tenements, or portions of the
same, shall be deemed to be of a public nature, or
used for such charitable, scientific, or other pur-
poses as herein-before specified, within the mean-
ing of this Act, unless such hereditaments or
tenements, or portions of the same respectively,
shall be altogether of a public nature, or used
exclusively for such charitable, scientific, or other
purposes aforesaid ; and the valuations or exemp>
tions in such cases shall be subject to such and
the like appeals against the same as are herein-
after provided as to valuations in other cases^.

17. When and so soon as the valuation or
revision of valuation of all the hereditaments and
tenements within any coimty, barony, or poor
law union, county of a city, county of a town,
shall be completed, the Commissioner of Valuation
shall prepare and make out a list or table of the
several hereditaments and tenements contained in
each townland or other denomination therein, and
of their respective valuations, signed by him the
Commissioner of Valuation ; and the said Com-
missioner of Valuation shall transmit a sufficient
number of printed or written copies of such lists,
so signed by him, in the form set forth in the
schedule annexed to this Act**, to the Treasurer of
the county, and to the Clerk of the Board of
(xuardians of each union in which the heredita-
ments and tenements contained in such schedule
are situate, and to the Town Council of any city,
l)orough, or town interested therein.

18. Every Clerk of any Board of Guardians to
whom copies of any such lists shall be transmitted
as aforesaid shall, within three days after the
receipt of such lists, cause to be affixed a notice on



» § 2J, 2S (pp. 267, 968).

* Form (Vo. 1) iii schedule (p. 288), but see 28 Vic. c. 4, | «
(p. 392), which authoriaee another form.



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Pabt IX 1.] General Valuaticyfi Act, 1852. 266

the principal outer door or gate pier of the church, '* * ^i^^^
and of any one Koman Catholic chapel, and of obkbr!&l
any one Presbyterian meeting-house, if any, ^^^^ *°*
ir^hin every pansh or part of a parish (included 1862*
in the union) in which any hereditaments or^^^^p"
tenements contained in such list are situate, *^*J"
stating the time at which said lists were so trans- days after
mitted, and the time and place at which said lists ^SJi^"*^^*
may be inspected*, and shall, at all reasonable valuation
hours on every day, from and after the receipt of ii«t« m»7 »»•
said lists, for twenty-one days then next ensuing, aifrMMnabie
leave open for public inspection at the workhouse ^"•^
of the union, and at the station of each party of
constabulary, if any, situate within any such
parish, copies of the said lists, and shall permit
extracts to be taken therefrom at all reasonable
times as aforesaid : Provided always, that in all Whew* no
OBs^ in -which no Clerk shall have been appointed B<»rd of
to the Board of Guardians of any union, it shall S"*!*!^**
be lawful for the Commissioners for administenng Commis-
the laws for the relief of the poor in Ireland to '^^^ZT^
appoint a person to act in his stead. p«won to act.

19. Within twenty-eight days from and after -^"t p«"on
the receipt of the said lists by the Clerk of any I^SSst"*
union as aforesaid any person aggrieved by reason JjJjfJi^nd
of the valuation of any tenement or rateable * noUco of
hereditament, or by reason of any inaccurate JJ th©*cKrk
statement of area or inaccurate description of any **^1^*5?^**.
tenement or rateable hereditament, contained in

such lists, or any other cause whatsoever, shall
send by post or deliver to the Clerk of the Board
of Guanfians of the union in which such heredita-
ment or tenement is situate a notice in writing,
duly signed by him the said person aggrieved, or
by his known agent, setting forth the grounds of
such grievance ; and the said Clerk of the Board ^J»o "i"*!!
of Guardians shall forthwith forward said notice ISSh'notioa
to the Conmiissioner of Valuation at the office in ^q^^,""""
DtMin of the General Valuation of Ireland, Valuation.

20. The said Commissioner of Valuation shall, Commia-

•ioner of

» See S 13 o( 19 & 30 Vic. c. 63 (p. 289). No rate or assessment
to be afEectcd hj anj omusion of the Clerk to give this notice.



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266



General Valuation Act, 1852. [Part II. 1.



15 at 16 Vic.
0.63.

OCKXRAL

Valuation
Act,
1862.

V&Iiuition
may inquire
into gach
appeals,
and a Iter
or amend
original
valoation;



and also maj
alur tho
Talnation
of any
tcnoment,
though not
appealed
against



Commlfl-
sioner of
Valuation
■hall prepare
a atatoment
of all casf 8
in which ho
shall haTO
altered or
refused to
alter the
original
Taluation.

Clerk of
union shall
make the
same publio
by notices.



on receipt of every such notice as aforesaid, inquire
into the subject matter thereof, and, if necessary,
direct a valuator or surveyor, as the case may-
require, who shall not have been previously em-
ployed in making the original valuation contained



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