Union Assessment Committee Act 1862

JurisdictionUK Non-devolved
Citation1862 c. 103
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Quinto & Vicesimo Sexto. An Act to amend the Law relating to Parochial Assessments inEngland .

(25 & 26 Vict.) C A P. CIII.

[7th August 1862]

WHEREAS it is expedient that more effectual Provision should be made for securing uniform and correct Valuations of Parishes in the Unions ofEngland: ' 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, as follows:

S-1 Interpretation.

1 Interpretation.

1. The Words used in this Act shall be construed in like Manner as the Words contained in the Act Fourth and Fifth of KingWilliam the Fourth, Chapter Seventy-six, and the Word ‘Committee’ shall signify the Assessment Committee provided for by this Act; and this Act shall be termed ‘The Union Assessment Committee Act, 1862.’

S-2 Appointment of the Assessment Committee by Board of Guardians.

2 Appointment of the Assessment Committee by Board of Guardians.

2. The Board of Guardians of every Union, formed under the Act Fourth and Fifth Years of KingWilliam the Fourth, Chapter Seventy-six, shall, as soon as convenient after the passing of this Act and in every subsequent Year, at their First Meeting after the annual Election of Guardians, appoint from among themselves any Number not less than Six nor more than Twelve to be a Committee, consisting partly of ex-officio and partly of elected Guardians, to be called the Assessment Committee of the Union, for the Investigation and Supervision of the Valuations to be made as herein-after mentioned within such Union, and for the Performance of such said Acts and Duties as herein-after mentioned: Provided always, that One Third at least of such Committee shall consist of ex-officio Guardians, in case there shall be an adequate Number of such ex-officio Guardians; but in case an adequate Number of such ex-officio Guardians shall not exist, then the Number so deficient shall be made up of elected Guardians.

S-3 Where Union has the same Bounds as Borough, Names of Assessment Committee to be sent to Town Council, &c.

3 Where Union has the same Bounds as Borough, Names of Assessment Committee to be sent to Town Council, &c.

3. Where any Union shall have the same Bounds as a Municipal Borough, the Clerk to the Guardians of such Union shall, upon the Appointment of the Assessment Committee, if directed by the said Guardians to do so, transmit in Writing the Names of the Persons so appointed to the Town Council of such Borough, and such Council may thereupon, if they think fit, appoint from themselves a certain Number, not exceeding the Number appointed by the Board of Guardians, who shall, until they respectively cease to be Members of the Town Council or decline to act, forthwith form Part of the Assessment Committee for such Union, and the said Council may from Time to Time supply any Vacancies in the Number of Persons appointed by them.

S-4 Provision for Neglect to appoint.

4 Provision for Neglect to appoint.

4. If the Guardians shall neglect or be prevented from making such Appointment at the Meeting above specified, the Poor Law Board shall by their Order appoint some other Day on which the Guardians shall make such Appointment.

S-5 Provision for Vacancies.

5 Provision for Vacancies.

5. If anyex-officio or elected Guardian being a Member of the Committee cease to be Guardian, or resign his Seat at such Committee, or die, or become incapable of acting as such Member, the Board of Guardians shall with all convenient Speed appoint an ex-officio or elected Guardian, as the Case may be, to supply the Vacancy.

S-6 As to continuing Members.

6 As to continuing Members.

6. During any Vacancy in any Assessment Committee the other or continuing Members of such Committee may act, and shall have the same Powers and Jurisdiction as if no such Vacancy had happened.

S-7 Extent of Committee's Authority.

7 Extent of Committee's Authority.

7. The Authority of the Committee appointed for any Union under this Act shall extend over every Parish comprised in such Union.

S-8 First Meeting, when to be holden.

8 First Meeting, when to be holden.

8. The Committee shall hold their First Meeting at the Board Room of the Union on a Day to be fixed by the Board of Guardians, and the subsequent Meetings of the Committee shall be holden at such Times and at such Place and upon such Notice and Requisition as they shall from Time to Time appoint; and any Guardian of the Union may be present at any Meeting of the Committee, but shall not be entitled to take part in the Proceedings thereof.

S-9 Quorum of Meetings.

9 Quorum of Meetings.

9. All Acts, Orders, Matters, and Things by this Act authorized or directed to be made or done by the Committee may be made or done by the major Part of the Members of such Committee who shall be present at a Meeting, the whole Number present together at such Meeting not being less than Three, and not less in any Case than One Third of the whole Number of which such Committee consists; and when upon any Question there shall be an Equality of Votes the presiding Chairman shall have a Second or Casting Vote.

S-10 Committee may employ Clerk.

10 Committee may employ Clerk.

10. The Committee shall employ the Clerk or Assistant Clerk of the Board of Guardians as their Clerk, with such Remuneration for his Services as the Poor Law Board shall sanction.

S-11 Proceedings to be entered in Books, and signed;

11 Proceedings to be entered in Books, and signed;

11. The Committee shall cause a Minute of their Proceedings, and of the Names of the Members who attend each Meeting, to be duly made from Time to Time in Books to be provided for that Purpose, which shall be kept by their Clerk, under their Superintendence, and every such Entry shall be signed by the presiding Chairman of the Assessment Committee present at the Meeting at which the Proceeding took place; and such Entry, purporting to be so signed, shall be received as Evidence in all Courts, and before all Judges, Justices, and others, without Proof of such Meeting having been duly convened or held, or of the Persons attending such Meeting having been or being Members of the Committee, or of the Signatures of the Members, all of which Factsshall be presumed until the contrary be proved; and all such Books shall at all seasonable Times be open to the Inspection of every Person rated to the Relief of the Poor in any Parish or Place in the Union, without any Fee being demanded for such Inspection; and all such Persons shall be entitled at all seasonable Times to take Copies or Extracts from the said Books, without paying any Fee for the same; and if, on Request made for that Purpose, the Clerk of the Committee refuse to permit any such Person to inspect any such Books, or to take Copies or Extracts therefrom, as aforesaid, such Clerk shall for every such Offence be liable to a Penalty not exceeding Five Pounds, upon a summary Conviction for the same before Two Justices of the Peace.

S-12 Proceedings to be reported.

12 Proceedings to be reported.

12. The Board of Guardians shall in the Month ofApril in every Year report the Proceedings of their Assessment Committee to the Poor Law Board.

S-13 Committee may require Returns from Overseers, &c.;

13 Committee may require Returns from Overseers, &c.;

13. The Committee by their Order may from Time to Time require the Overseers, Assistant Overseers, Constables, Assessors, Collectors, and any other Persons having the Custody of any Books of Assessment of any Taxes or Rates, Parliamentary or Parochial, or of the Valuations of any Parish, or having the Collection or Management of any such Taxes or Rates, to make Returns in Writing to the Committee, at such Times and Places as they may appoint, of all such Particulars as they may direct in relation to such Taxes, Rates, or Valuations, or any Property included therein, so far as relates to the Union for which they act, and may require the Persons having the Custody of any such Books as aforesaid to make and transmit to the Committee Copies of or Extracts from such Books, or to permit such Copies or Extractsto be made by such Persons as the Committee may in that Behalf direct; and may from Time to Time require any Persons having the Custody of any such Books, or the Collection or Management of any such Taxes or Rates as aforesaid, to attend before them at a Time and Place to be mentioned in the Order in this Behalf, and to produce all parochial and public Books of Assessment, Rates, Rate Books, Valuations, Apportionments, Tithe and other Maps, Plans, Surveys, and other public Documents in their Custody or Power, and may examine all Persons who shall attend before them: Provided always, that nothing herein contained shall authorize the Production of Valuations or Assessments which by any Provision of Law at present are not suffered to be made public.

S-14 Overseers to prepare Valuation Lists.

14 Overseers to prepare Valuation Lists.

14. Subject to any Order as herein-after referred to which may be made by the Committee, the Overseers of each Parish in the Union shall, within Three Calendar Months after the Appointment of such Committee, make a List of all the rateable Hereditaments in such Parish, with the annual Value thereof respectively in so much of the Form shown in the Schedule annexed to the Act Sixth and SeventhWilliam the Fourth, Chapter Ninety-six, as is set out in the Schedule to this Act; and unless such Overseers think that the Valuation then last acted upon in assessing the Rate for the Relief of the Poor correctly shows the full annual rateable Value of all such Hereditaments, they shall revise such Valuation, and such Overseers shall sign every...

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