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40. Ten days previously to the commencement
of each Assizes, the Commissioner of Valuation
shall transmit to the Secretary of any Grand Jury
of any county which shall be in the course of
valuation or revision as aforesaid a statement of
the progress made in such valuation or revision,
together with a statement in detail of the expen-
diture on the same up to the period when such
return shall be made ; and such statement shall
contain the name of each person above the clafis
of a daily labourer to whom any portion of the said
expenditure shall have been paid, the amount paid
to him, and the salary or purpose for which the
same shaU have been paid, and the rate and
amount of daily hire of any daily labourers em-
ployed in attending the surveyors and valuators.

41. If any Clerk to any Board of Guardians,
Clerk of the Peace, Secretary of a Grand Jury,
Treasurer of a county. Town Clerk, or any valxiator
appointed by the Commissioner of Valuation; or
other person or persons, shall omit or neglect or
refuse to do any matter or thing which any such

* See 23 Vic. e. 4, § a and 8 ^p. 390, 393), under the formerof
which the Trearary may advance fvora time to time such aniiif
as are reqalred, and under the latter of which one moiety of the
expenses, cxdoaive of snperannaatibn allowances, is to be r^aid.

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Pabt IL L] General Vcduatian Act, 1852. 277

peraon is by this Act required and directed to do ^* * ^L^'^'
in the execation of this Act, or if any person shall osncrIl
wilfully ohstruct, hinder, or prevent any person ^^^^^^^
acting in the execution of this Act, every person I862!
so offending shall forfeit a sum not exceeding ten pnM^^inioD
pcrands, in the discretion of the Justices before ^^ »^»^
▼horn snch offender shall be convicted.

42. All penalties and forfeitures inflicted or Penaitiet
imposed by this Act may be sued for and recovered ^rewd
in ft sanuuary way by the order and adjudication ^'o«

of any Justice or Justices of the Peace at Petty the Pcmo.
Sosions, under and subject to the several provi-
sos and regulations relating to summary juris-
diction contained in " The Petty Sessions (Ireland)
Act, 1851," and shall be appHed in the manner
by the said Act directed*.

43. No proceedings to be had touching the con- Prooeedinir*
nciion of any oflfender or offenders against this qSldbedTfor
Act shall be quashed for want of form, nor be re- ^"n' <>'
DMved nor removable by certiorari, or any other '^"^
▼rit or process whatsoever, into any of Her Ma-
jesty's Courts of Record at DvbUn ; and where any
dis^^ess shall be made for any sum or sums of

money to be levied by virtue of this Act the dis-
tress itself shall not be deemed unlawful, nor the
party or parties making the same be deemed a
trespasser or trespassers, on account of any defect
or want of form in the summons or conviction, or
in the warrant of distress or other proceedings
relating thereto ; nor shall the party or parties
^straining be deemed a trespasser or trespassers
06 viM(> on account of any irr^ularity which shall
be afterwards committed by the party or parties
distraining, but the person or persons aggrieved
by such irregularity shall and may recover full
satisfiftction for the special damage (if any) in an
action on the case ; but no plaintiff or plaintiff
shall recover in any action for such irregularity as
afimsaid if tender of sufficient amends hath been
made, by or on behalf of the party distraining,
More such action commenced.

• 14 A i» Yio. 0. 93.

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General Valuation Act, 1852. [Pabt 11. 1.

Id k 16 Vic.







Tender of




srowrj in

44. No action, suit, or proceeding shall be com-
menced or prosecuted against any Justice of the
Peace, or any CommiBsioner of Valuation, or
against any valuator, or against any other person
or persons, for anything done in pursuance of this
Act, until thirty days' notice thereof shall be given
to such Justice, or Ck>mmissioner, or Valuator, or
other person or persons, nor after sufficient satis-
faction or tender of amends hath been made to the
party or parties aggrieved, nor after the expira-
tion of three calendar months next after the iact
committed ; and every such action or suit or pro-
secution shall be laid or brought in the county,
county of a city or county of a town, where the
cause of action shall have arisen, and not else-
where ; and the defendant or defendants in every
such action, suit, or prosecution shall and may, at
his or their election, plead specially, or the general
issue Not guilty, and give this Act and the special
matter in evidence at any trial to be had thwe-
upon, and that the same was done in pursuance
and by the authority of tiiis Act ; and if any re-
plevin shall be brought for any cattle, goods, or
chattels seized or taken by virtue or in pursuance
of this present Act, it shall and may be lawful and
sufficient to and for any person or persons who
shall be defendant or defendants or avowant or
avowants in any such replevin to avow, plead, or
make cognizance generally that he or they took
the same cattle, goods, or chattels as a distress by
force of the statute in that case made and provided,
without more particularly setting forth this Act,
or the cause of making and detaining the said
distress or distresses, or making any otibier special
plea, avowry, or cognizance, anything herein con-
tained to the contraiy notwithstanding; and if it
shall appear that the matter on which the cause
of action arose was done, or that the distress re-
plevied was made, in pursuance and by authoiity
of this Act, or that such action or suit shall have
been brought before thirty days' notice thereof
was given as aforesaid, or after a sufficient satis-
faction made or tendered as aforesaid, or after the

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- AET IL 1.] General Valuatum Act, 1852. 279

time Umited for bringing the same as aforesaid, or ^' * ^^^"^
shall be bronght in any other county, county of a ourmAL
city or county of a town, than as aforesaid, then ^^^*"'
the jury shall find for the defendant or defendants iwa!
or avowant or avowants ; and upon such verdict,
or if the plaintiff or plaintifife shall be nonsuited,
or shall discontinue his, her, or their action, suit,
or prosecution after the defendant shall have
appeared, or if upon demurrer judgment shall be
given against the plaintiff or plaintifis, the defen-
dant or defendants or avowant or avowants shall
lecover double costs, and have such remedy for Co«ta.
the same as any defendant or defendants hath
or have in other cases of costs given by law.

45. In the construction of this Act, unless there Conatniction
be anything in the subject or context repugnant <>'*«""■•
to such construction, the words " Lord Lieutenant"
shall be deemed to mean Lord Lieutenant or other
Chief Governor or Governors of Ireland ; the word
" inhabitant " shall include every one rated to the
Grand Jury cess ; the words " Town Council " and
** Council " shall include " Town Commissioners,"
under an Act of the ninth year of His late Ma-
jesty King George the Fourth, chapter eighty-two,
or any trustees or other body empowered by law
to make local assessments ; " Clerk of the Guar-
dians" and " Clerk " shall be understood to mean
and include Clerk of the Board of Guardians of
the poor of the tmion, or other person appointed
to act or acting in his stead ; and the " Court of
Quarter S^sions " shall be understood to mean the
Court of General or Quarter Sessions of the Peace j
and the word " Assizes " shall include " Present-
ing Term /' and the word " Treasurer " shall in-
clude " Finance Committee ;" and that all provi-
sions and directions in this Act contained relating
to counties shaU extend to all counties, counties
of cities, counties of towns, and towns corporate
in Irdand ; and that all the acts and duties by this
Act required to be performed by the several Grand
Juries at the Assizes for any coimty shall and may,
in ike county of DvMin, be performed at the pre-
senting terms by the Grand Jury of the said

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

15 & IG Vic.



Till oom-
pictkin of
G. and Jury
to bomado
under i'oor

county duly met and impannelled, and in the
county of the city of Dublin by the Council of the
borough of Dublin ; and that all provisions and
directions relating to baronies shall extend to half
baronies, and to all other divisions of counties
being greater than parishes, and in reference to
any county of a city or county of a town shall be
deemed to mean and refer to such county of a
city or county of a town \ and that all provisions
and directions relating to parishes shall extend to
all chapelries or divisions of parishes or extra-
parochial divisions ; and that all provisions and
directions relating to townlands, shall extend to all
divisions and sub-denominations of lands less than
and being comprised within any parish ; and the
word "tenements" shall include rateable heredita-
ments ; and the word " houses " shall include
building ; and the word " towns " shall include
cities ; and where any pansh or union shall be
situate in more than one county or barony, or
partly in a county and partly in a county of a
city, county of a town, or town corporate, the
several parts of such parish shall be valued as a
distinct parish in the several baronies or counties,
or counties of cities or counties of towns, or towns
corporate, to which they shall contribute to the
payment of any county cess charges or Grand Jury

46. And for the purposes of assessment for
Grand Jury rates in any county where neither
the townland valuation nor the tenement valua-
tion of any such county shall have been com-
pleted, under the provisions of the Acts for the
Tiniform valuation of lands and tenements in Irt-
land, or of this Act, it shall be lawful for the Grand
Jury of such county, at any Assizes, if they shall
so think fit, to order and direct that all Grand
Jury rates in any barony of such county shall be
made and levied upon all lands and tenements
therein and liable thereto according to the valua-
tion on which the last preceding rate for the relief
of the poor had been made, until the valuation c^
such county or barony shall have been completed,

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Part IL 1.] General ValuaUon Act, 1852. 281

tmder die provisions of this Act, when all such ** * X^'*'*
assessments or county rates shall be made on such Owi brax.
valuation as by this Act directed ; and where the ^^^^
townland valuation of any ooimty shall have been i^^
completed under the provisions of the Acts for the ""~
uniform valuation of lands in Ireland, it shall be
lawful for the Grand Jury of such county, at any
Assizes, if t^ey shall so think fit, to order and
direct Uiat all Grand Jury rates to be raised off
any townland or townlands by the warrant of the
Treasurer of such coimty shall be subdivided and
levied upon all lands and tenements within any
such townland or townlands and liable thereto,
according to the valuation of such lands and tene-
ments on which the last preceding rate for the
relief of the poor had been made, until the valua-
tion of such coimty or barony shall have been
completed under the provisions of this Act, when
all such assessments or county rates shall be made
on such valuation as by this Act directed ; and
when any such order and direction shall have been
given as aforesaid, the valuation on which the last
preceding rate in the respective place, from time
to time, for the relief of the poor, shall have been
made, shall stand in the place and stead and shall
have like force and validity of any such applet-
ment of Grand Jury cess as is directed by the Act
of the sixth and seventh years of King William
the Fourth, chapter one himdred and sixteen, and
shall be used by the respective collector of Grand
Jury cess for applotting and assessing the same
upon the several lands and tenements in his dis-
tnct of collection, subject to like provisions, and
with like powers with respect to levying the same,
and with like immunities relating to the same, as
if the same had been duly applotted under the said
Act j and the officer or person having the custody
of such last preceding rate, if required and applied
to by such collector for such purpose, shall at all
convenient times allow him or his deputy to in-
spect or take a copy of or extracts from such parts
of the same as relate to his collection, or in case
of refusing or neglecting so to do shall be liable

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282 General Valuation Act, 1852. [Part IL 1.

'* Vea^'*^' ^ * penalty not exceeding five pounds for each
Obnerax. such neglect or refusal.

Valdatiok 47 ^jj^ whereas by an Act passed in the
1852*. seventh and eighth years of Her Majesty, intituled
In tho~~ An Act to consolidate and amend the laws for the
DnbUn »u ^^^^^fl^^'* f>/ Orcmd Jury presentments in the oawnty
county, of Dvhlinj it was enacted, that from and after the
pt[^*iaai*' first day of the presenting term next following
ch»nioa im- the publication of the survey and valuation of the
Orand Vury couuty of Dublin under the Act of the sixth and
Sli^'to bo ^®^^^*^ ^^ William the Fourth, intituled An Act to
pro rilled for consoUdate and amend the several Acts for the vm-
Se^rJto!"** form valtuUion of lands and tenements in Ireland^
all county charges by Grand Jury presentments
in the said county of Dublin should be assessed
and levied according to the proportions specified
in the said Act : Be it enacted, That in the said
county of Dublin, from and after the first day of
the presenting term next following the day on
which the printed list of the valuation of the said
county under this Act shall be received by the
Secretary of the Grand Jury, it shall be lawful
for the Finance Committee of the said county of
Dublin, in making their apportionment of all
charges under the said Act oS. the seventh and
eighth years of Her Majesty's reign, to apportion,
declare, and strike all county, baronial, or par-
ochial charges imposed by Grand Jury present-
ments by a poundage rate upon each barony,
parish, or denomination in the said county of
DvJbUn, according to the valuation thereof con-
tained in such printed list, and all that applot-
ments to be made under and in pursuance of any
warrants issued by the Finance Committee of
said county shall be made by a poundage rate upon
the several tenements and hereditaments in such
barony, parish, or denomination, according to the
valuation thereof contained in such printed list :
Provided always, and be it enacted, that in making
the poundage rate it shall not be necessary for the
Finance Committee to adopt or take into account
any smaller fraction than one fourth part of a
penny in the pound, neither shall any rate so

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Pabt IL 1.] Geaiheral ValucUion Act, 1852.


made be vitiated or impugned by reason of its " * ^^^^^'
exceeding the sum authorized by presentments to OsNciLiL
be raised, if the excess shall have been created by ^"^^ct?*"*
sach fractions of not more than one fourth of a 1^2.
penny in the pound.

48. Nothing in this Act contained shall repeal Nothing to
^le provisions in the "Towns Improvement JJJJJ^ p^.
Closes Act, 1847," or in any Act incorporating TWoniof
the same, reJative to the management of streets, ^^34.
or the liability to Grand Jury cess, or other pay-
ment in respect of making or repairing roada


Valuitiom of Tenkmekts.— (No. 1.)





«r Tttvnof







BatcoMe AonuAl













« «. d.

d ». d

(Signature) A-


-, Commisiioner of Valuation.

Yaluatiott of Tb5EM£nxs as altered and amended. — (No. 2.)
•r Town of
or BoffOQfhof





,— .














it «. A

A «. tf.

(Signatim) J-

-, Commiuioner of ValuaUon.

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General Valuation Act, 1852. [Pabt H. 1-

Finally Rbtisbd Valuation of TBNBMKNTa.^No. 3.)

County of Union

City of
or Town of
or Borough of








Batoabto AoBual










A. a. r.

£ t.4.

« «. tf.

4 «. A

(Signature) A-

-, Commisaionex of Yaloation.


Annual Revision of the Valuation of Tenements.

Connty of

City of
or Town of
or Borough of








B«te«bl« Annoal












H •. 4,

« $. 4.

(Signature) A-

-, Commissioner of Valuation.

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Pabt n. L] Valuation Amendment Act, 1854. 285

17 Vic. Cap. 8. n via c. »,


An Act further to amend an Act relating to the amkndmwit
Taluation of rateable property in Ireland. ^^

lUth May, 1854.]

Whereas an Act was passed in the Session
holden in the fifteenth and sixteenth years of Her 15 & is Vio.
Majesty (chapter sixty-three), "to amend the laws ^ **•
relating to the valuation of rateable propeity in
Ireland,' and such Act was amended by an Act
of the last Session of Parliament, chapter seven : ** * ^^ Vie.
And whereas it is expedient further to amend the
said Act of the fifteenth and sixteenth years of
Her Majesty : Be it therefore 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 Parlia-
ment assembled, and by the authority of the same,
as follows :

§ 1. The said Act of the last Session of Parlia- le & 17 vie
ment, and sections fifteen, twenty-nine, and thirty fh^^^^
of the firstly herein-before mentioned Act, and so and part of'
much of section twenty-five of the same Act as {e^hfi-'es,
enacts that on the receipt by the Treasiu*er of any repealed.
county of such final lists as therein mentioned of
any lirony or of the whole number of baronies in
such coimty such Treasurer shall strike out from
the columi^ in such final lists relating to build-
ings the valuations of each and every house in
each tenement and townland the net annual value
of which house as therein stated shall not exceed
five pounds, and shall deduct the sum of such
valuations of houses valued imder five pounds
and so struck out from the total amount of the
valuation of such respective tenement and town-
land, and that the vsduation of each tenement and
townland after such deduction shall be deemed to
be the value thereof for the purposes of county
assessments, shall be repealed.

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Valuation Amendment Act, ISoL [Pabt IT. 1.

17 Vic. o. 8.



•lonor of
shall diatin-
guUli all
hou«os of a
jMiblio na-
turo or used
lor oharitablo
bo oxomptod
from aston*

Half of the
rent dorirod
by owner,
4eo., to be
cntorod in

Grand Jury
may diroot
lisls to be
acted upon
at the first
after their
the Spring

Rerif ion of
the Talnation
of tene-
ments liabl«
to frequent

2. In making out the lists or tables of valua-
tion mentioned in the said firstly herein-before
mentioned Act, the Commissioner of Valuation
shall distinguish all hereditaments and tenements^
or portions of the same, of a public nature, or used
for charitable purposes, or for the purposes of
science, literature, and the fine arts, as specified
in an Act of the sixth and seventh years of Her
Majesty, chapter thirty-six*; and all such here-
ditaments or tenements, or portions of the same^
so distinguished, shall, so long as they shall con-
tinue to be of a public nature, and occupied for
the public service, or used for the purposes afore-
said, be deemed exempt from all assessment for
the relief of the destitute poor in Ireland and for
Grand Jury and county rates : Provided always,
that half the annual rent derived by the owner
or other person interested in any tenements or
hereditaments so distinguished shall be included
in such lists or tables, so far as the same can or
may be ascertained by the said Commissioner of

3. Where the Assizes for any County next en-
suing the day on which any final lists of valuation
mentioned in section twenty-six* of the firstly here-
inbefore mentioned Act shall be received by the
Treasurer of such county, happen to be the Spring
Assizes, it shall be lawfiil for the Grand Jury of
such county at such Assizes, if they so think fit,
to direct that the valuations contained in such
final lists shall, from and after the commencement
of such Assizes, be in force and be acted upon for
the purposes mentioned in the said section as if
such Assizes were the Summer Assizes next en-
suing the day of such receipt of such final lists
respectively, and such lists shall be so acted upon

4. And for the purpose of providing for the
necessary revision of the valuation of the rateaUe
tenements and hereditaments the limits whereof
shall become altered, and also of rateable texte-

* 6 lb 7 Vic. & 86 (p. 814). » IS ft 1« Vie. «; 08, ( 96 (p. Mt).

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Part IL 1.] Valuatum Amendmmt Act, 1854. 287

ments or hereditaments the annual value of which '^ ^^ •• ••
is liable to frequent alteration, such as fisheries, AMsivDMjBiir
nulways, canals, tolls of roads, bridges, mines, gas {^'
and water works, and buildings, be it enacted, —
That on the fifteenth day of November in each
year every collector of poor rates within each poor
krW union within which the valuation of the
rateable hereditaments and tenements has been or
shall have been completed and shall be in opera-
tion shall make out and deliver to the Clerk of
such union, to be by him laid before the Boexd
of Guardians of such imion, a list of all the tene-
ments or hereditaments situate within every
townland in the said union and within his district
tiie valuation of which tenements shall require
revision for any of the reasons aforesaid, or in
respect of any property the annual value of which
is liable to frequent alteration as aforesaid; and if Penalty on
any such CoUector shaU fail or neglect to make S^l^J^o^/!'
out such list according to the best of his ability, '"«^J^^*'
and deliver the same to the Clerk of the Union as "^
aforesaid, within the period aforesaid, he shall for
every such neglect or default be liable to a penalty
not exceeding five poxmds; and any ratepayer
within any poor law imion may within the same
period make out and deliver to the Clerk of the
union, to be by him laid before the Board of
Guardians thereof, a list of any tenements the
valuation of which shall in his opinion require
revision ; and the Clerk of each poor law union
shall for ten days after receiving any such list
leave the same open for public inspection at the
workhouse of such imion, and permit extracts to
be made therefrom, and shall on or before the
twenty-seventh day of November in each year
make out a full and complete list of all tenements
and property mentioned in such lists delivered to
him as aforesaid on or before the fifteenth day of
the same month, and transmit the list so made
out by him to the Commissioner of Valuation,
with the opinion of the said Board of Guardians
whether such jnevision is necessary on aoeount of
suoh changes ox alteiationa.

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288 Valuation Amendment Act, 1854. [Part II. 1.

17 Vic. e. P. 5 Qj^ qj, before the first day of Summer Assizes

Valuation .,,,,^ t*. t •/»

amxndmbnt to be held for any county next after the receipt of
fsM*. s^ch lists for the several poor law unions in

Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 25 of 90)