A.D. 1924. Appeals against valuation list. [1862, s. 32.] APPEALS. Appeals against Valuation List. 48.-(1) If the overseers of any parish in any union shall have reason to think that such parish is aggrieved by the valuation list of any parish within 5 such union, whether it be (a) on the ground that the rateable hereditaments comprised in the valuation list of their own parish are valued at sums beyond the rateable value thereof, or (b) on the ground that the rateable hereditaments comprised in the valuation list of some other parish in such union are valued at sums less than the rateable value thereof, 10 such overseers, with the consent of a vestry summoned 15 (2) If such appeal be against the valuation list of (3) If such appeal be against the valuation list of the parish of which the appellants are the overseers on the ground that the rateable hereditaments in such list are valued beyond the rateable value thereof, such 40 overseers shall give fourteen clear days notice in writing previous to the first day of the quarter sessions at which the appeal is to be made of the intention to appeal, A.D. 1924. and the grounds thereof, to the guardians of the union in which such parish is situate. (4) The said court of quarter sessions shall be em5 powered to hear and determine such appeal, and either confirm such valuation list, or correct such irregularities or inaccuracies as shall be proved to exist therein, as may appear fair and just : Provided that no such valuation list shall upon such 10 appeal be quashed or destroyed in regard to any parish other than that to which the appeal relates unless the court deem it necessary to proceed to the making of an entire new valuation list as hereinafter provided. 49.-(1) The court of quarter sessions upon any Court may 15 such appeal, instead of hearing the same, may adjourn direct a the same, and may order, upon the application of the valuation. appellant or respondent in such appeal, a survey or valua- [1862, ss. 33 & 34.] tion of any of the parishes in respect of which such appeal shall be made, and fix the next or some subsequent 20 sessions for receiving such survey or valuation, and for hearing and determining such appeal. (2) The court shall thereupon appoint a proper person to make such survey or valuation. (3) The person so appointed shall have power, 25 with or without assistants, to enter upon and survey, measure, and value all the hereditaments liable to be assessed to poor rate within the parish mentioned in such order. (4) Such survey and valuation shall be reported 30 to the court of quarter sessions on adjournment fixed as aforesaid for receiving the same, and the court shall then hear and determine the appeal. (5) The charges and expenses of any such survey and valuation shall be deemed costs in the appeal, and 35 shall abide the event thereof. (6) The court may order the costs of the appeal to be paid by either party, as they in their discretion may think fit: Provided that where the court determines in favour 40 of the appellant any appeal which is made on the ground that the rateable hereditaments of any parish comprised in the valuation list of such parish are valued beyond the A.D. 1924 annual rateable value thereof, the court shall order the costs and charges of the appellants to be paid by the guardians of the union in which such parish is situate out of the money raised for the common fund for the several parishes in such union. Special sessions. [1836, s. 6.] [1864, s. 1.] APPEAL AGAINST RATES. Appeals to Special Sessions. 5 50. (1) The justices acting in and for every petty sessional division shall four times at least in every year hold a special session for hearing appeals against 10 the rates of the several parishes within their respective divisions (hereinafter referred to as special sessions" or "the court of special sessions "), and shall cause public notice of the time and place when and where such special sessions will be holden to be affixed to or near to the door 15 of the parish church of each of the said parishes, twentyeight days at least before the holding of the same. (2) Such special sessions may be adjourned from time to time by the justices there present as they may think fit. (3) At such special or adjourned sessions the justices there present shall hear and determine all objections to any such rate on the ground of inequality, unfairness, or incorrectness in the valuation of any hereditaments included therein: Provided that 20 25 (a) The said justices in special session shall not (b) The appellant shall give (i) twenty-one days notice in writing previous to the special sessions to which 35 such appeal is to be made of the intention to appeal and the grounds thereof to the assessment committee of the union in which the parish is contained the rate of which is appealed against, and 40 5 10 (ii) seven days like notice to the over- A.D. 1924. seers; and (c) No person shall be empowered to appeal to [1864, s. 1.] 51. The justices present at any such special or Special adjourned sessions shall for the aforesaid purpose have sessions to the same powers as the court of quarter sessions of have powers of quarter amending or quashing any rate so objected to of any sessions. 15 parish within their division, and of awarding costs to [1836, s. 7.j be paid by or to any of the parties, and of recovering such costs: 20 25 30 35 40 Provided that (1) No order of the said justices shall be removed (2) Nothing in this Act shall prejudice the right (3) No order of special sessions shall be of any Appeals from Special to Quarter Sessions. 52.-(1) Every decision of special sessions on an Appeals appeal under the provisions of section fifty hereof shall from be binding and conclusive on the parties thereto unless special to the party impugning such decision shall— quarter sessions. (a) within fourteen days after the same shall have [1836, s. 6.] (b) within five days after giving such notice enter A.D. 1924. [1864, s. 1. Quarter Sessions Act, with sufficient securities, conditioned to try such appeal at the then next court of quarter sessions, and to abide the order of and pay such costs as shall be awarded by such court, or any adjournment thereof: Provided that such notice when given to the assessment committee shall be given twenty-one days, and when given to the overseers shall be given fourteen 1849, s. 1.] clear days, before the quarter sessions to which such appeal is to be made. Appeals to quarter sessions. [1601, s. 6, (2) The appellant shall not be entitled on the hearing of the appeal to go into or give evidence of any ground of appeal other than those so specified. 5 10 (3) Such court, upon hearing and finally determining such appeal, may, at its discretion, award such costs 15 to the appellant or the respondent in such appeal as it shall think proper, and its determination shall be conclusive and binding on all parties. Appeals direct to Quarter Sessions. 53.-(1) Any person aggrieved by any poor rate or 20 assessment for poor rate in any parish, or having any material objection to any person being put on or left 1743, s. 4.] out of such rate or assessment, or to the sum charged on any person therein, or aggrieved by any neglect, act, or thing done or omitted by the overseers or assess- 25 ment committee, may, on giving such notices as herein [Poor Law provided, appeal to the next court of quarter sessions Amendment for the county, corporation or franchise in which such Act, 1867, parish or any other parish in the same union is situated. s. 27.] [1743, s. 5.] [1820, s. 1.] (2) The court of quarter sessions shall hear and finally determine such appeal. 30 (3) In default of such notices having been given such court shall adjourn the said appeal to the next quarter sessions, and then and there finally hear and 35 determine the same: Provided that (a) In all corporations or franchises not having more that six justices of the peace nor having jurisdiction or authority over two or more 40 whole parishes or wards contained within |