Rateable Property (Ireland) Act 1846
| Jurisdiction | UK Non-devolved |
| Citation | 1846 c. 110,9 & 10 Vict. c. 110 |
| Year | 1846 |
(9 & 10 Vict.) C A P. CX.
[28th August 1846]
'WHEREAS it is expedient to amend the Laws now in force for the Valuation of Lands and Tenements in the several Baronies, Parishes, and other Divisions of Counties inIreland: ' Beit 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 Parliament assembled, and by the Authority of the same, That so much of an Act passed in the Session of Parliament held in the Sixth and Seventh Years of the Reign of His late Majesty KingWilliam the Fourth, intituled An Act to consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland; and to incorporate certain detached Portions of Counties and Baronies with those Counties and Baronies respectively whereunto the same may adjoin or wherein the same are locally situate , as relates to the Valuation of any County, County of a City, or County of a Town, which shall hereafter be valued under the Provisions of this Act, and to the Apportionment of County or Grand Jury Cess therein, shall be repealed, save so far as the same repeals any other Act or Acts, or Part thereof; provided that the said Act shall continue in full Force in regard to all other Counties, Counties of Cities, and Counties of Towns, until such Time as a Revaluation of the same respectively shall take place as herein-after mentioned under the Provisions of this Act, and for the Purposes of such Revaluation, and from thenceforth the Provisions of this Act shall extend and apply to and be enforced in such last-mentioned Counties, Counties of Cities, and Counties of Towns respectively.
II Counties, &c. herein named to be valued under this Act.
II. And be it enacted, That from and after the passing of this Act the Provisions of this Act shall and may be applied in the following Counties and Counties of Cities, (that is to say,) the Counties ofDublin, Tipperary, Waterford, Limerick, Cork , and Kerry , and the Counties of the Cities of Waterford, Limerick, Cork , and Kilkenny .
III Persons heretofore appointed to discharge Duties till otherwise directed.
III. And be it enacted, That 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 this Act into execution, without any further or other Appointment thereto, until the Lord Lieutenant ofIreland shall otherwise direct.
IV Whenever Survey of Barony, &c. is completed, a Map or Plan to be sent to Chief Secretary of the Lord Lieutenant.
IV. And be it enacted, That whenever the Survey of any County or of any Barony of a County shall have been made and completed under the Direction of the Ordnance Officers, a Map or Plan of such Barony shall be transmitted by some such Officer to the Chief Secretary of the said Lord Lieutenant, from Time to Time, when and as any such Survey shall have been or shall be made and completed, or when and as any such Map or Plan shall be required by such Chief Secretary to be transmitted as aforesaid.
V After Receipt of Map or Plan, Lord Lieutenant may appoint a Commissioner to value the Baronies, &c. so surveyed.
V. And be it enacted, That at any Time after the Receipt of any such Map or Plan it shall and may be lawful for the said Lord Lieutenant to nominate and appoint One fit and proper Person to be Commissioner for the several Counties inIreland , to be called the Commissioner of Valuation for such Counties, who shall hold such Office during the Will and Pleasure of the said Lord Lieutenant, and who shall repair to any County, and make a Valuation of the Houses and Lands within every Barony, Parish, or other Division in such County of which any such Map or Plan shall have been made and delivered as aforesaid, and shall proceed in such Valuation at such Times and in such Manner and under such Regulations as such Lord Lieutenant shall order, direct, and appoint; and the said Chief Secretary shall notify or cause to be notified in Writing to the Secretary of the Grand Jury of every such Countythe Appointment of such Commissioner of Valuation, and such Secretary shall lay such Notification before the Grand Jury of such County at the next ensuing Assizes.
VI Lord Lieutenant may appoint Sub-Commissioners of Valuation, who shall have Power to enter on Lands, &c.
VI. And be it enacted, That it shall be lawful for the Lord Lieutenant to appoint such and so many Sub-Commissioners, being professional Valuators, as may be recommended to him from Time to Time by the Commissioner of Valuation as fit and propel Persons to fill that Office, and who shall be removable by the Lord Lieutenant; and every such Sub-Commissioner shall, when directed by the Commissioner of Valuation so to do, attend and act in the hearing and determining of Appeals against the Valuation of Tenements, as herein-after is provided; and every such Sub-Commissioner shall have the same Power to enter into or upon any House or Land as any Commissioner of Valuation or Valuator appointed under the Provisions of the said first-named Act, subject to the same Conditions as are therein provided.
VII Commissioner of Valuation shall appoint Valuators.
VII. And be it enacted, That it shall be lawful for the Commissioner of Valuation who shall be appointed under this Act to nominate and appoint any Number of Persons conversant and 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 Valuators from Time to Time, and to nominate any other Person or Persons to be a Valuator or Valuators in the Place and Stead of the Personso removed; and previously to the Appointment of any Person to be a Valuator such Commissioner shall in company with such Person perambulate the whole or any Part of a Barony, in order fully to ascertain his Competence for acting as such Valuator.
VIII Lord Lieutenant may give Orders as to Conduct of Commissioners and Valuators.
VIII. And be it enacted, That it shall be lawful for the said Lord Lieutenant to give such Orders, Instructions, and Directions for the Conduct of the said Commissioner or Sub-Commissioners and Valuators respectively, and for the Employment of such Clerks or other Persons, in the Discharge 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.
IX Tenements to be valued separately, according to the fair letting Value, according to Provisions of 1 & 2 Vict. c. 56.
IX. And be it enacted, That in every Valuation hereafter to be made under the Provisions of this Act the Commissioner of Valuation shall cause to be valued every Tenement which is a rateable Hereditament under the Provisions of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty QueenVictoria , intituled An Act for the more effectual Relief of the Destitute Poor in Ireland, and shall also cause every such Tenement to be separately valued by the Valuator, and the Valuation thereof shall be made upon an Estimate of the net annual Value, (that is to say,) of the Rent for which, one Year with another, the same might in its actual State be reasonably expected to let from Year to Year, the probable annual average Cost of the Repairs, Insurance, and other Expences, if any, necessary to maintain the Hereditament in its actual State, and all Rates, Taxes, and public Charges, if any, except Tithe Rent-charge, being paid by the Tenant.
X Property not rateable under 9 G. 4. c. 82. to be separately valued for municipal Purposes under 6 & 7 Vict. c. 93.
X. And be it enacted, That in valuing the Property situated in any of the Towns liable to the Payment of any Rate or Assessment under the Provisions of an Act passed in the Ninth Year of His late Majesty KingGeorge the Fourth, intituled An Act to make Provision for lighting, cleansing, and watching of Cities, Towns Corporate, and Market Towns in Ireland, in certain Cases , and in valuing the rateable Hereditaments situated in any of the Cities, Towns, or Boroughs liable to the Payment of any Rate or Assessment under the Provisions of an Act passed in the Fourth Year of the Reign of Her present Majesty, intituled An Act for the Regulation of Municipal Corporations in Ireland, or under the Provisions of any private or local Act for cleansing, watching, improving, paving, or supplying with Water any such City, Town, or Borough, and which are or shall be by Law exempted from the Rate or not rateable to or which shall not be included in the Rate for the Relief of the Poor of the Union wherein the same may be situate, and in the Case of Dwelling Houses valued...
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