Endowed Hospitals, &c. (Scotland). 2. On the foresaid resolution being carried, it shall be lawful Managers, &c. for the said governors, managers, or trustees to present a petition may present to the Secretary of State, setting out such resolution, and stating petition to under distinct heads or articles all facts or circumstances pertinent State. Secretary of to such petition, and stating also the provisions for the better government and administration of such hospital or institution and the application of the revenues thereof which they desire to have sanctioned, and the reasons for which the said provisions are considered necessary or expedient for the purposes mentioned in the foresaid resolution. And upon receipt of any such petition as aforesaid, the Secretary of State may, if he shall think fit, direct such petition to be published in the Edinburgh Gazette in two consecutive numbers thereof, and in one or more papers published in the county where such institution is situated, with a view to further inquiry. inquire, and report to Secretary of State. 3. The Secretary of State may, if he shall think fit, by writing Sheriff of the under his hand appoint the sheriff of the county in which such county may be institution is situate, either by himself or in conjunction with appointed to any other person to be also so appointed, to inquire into the said petition, and report thereon to the Secretary of State, and for the purposes of such inquiry the sheriff so appointed by the Secretary of State shall have power, after such public notice as he may think sufficient, to examine witnesses, and to call for such information from, and to require the production of such documents by, the governors, managers, and trustees aforesaid as he may consider necessary, and to do all such matters and things as may seem to him expedient for the purposes of the inquiry. 4. It shall be lawful for the Secretary of State to issue a pro- Secretary of visional order under his hand and seal of office in relation to the State may issue several things mentioned in the foresaid petition, either in accord- provisional ance with the prayer thereof, or with such modifications or alterations as may appear to him to be requisite. order. ment. 5. The provisional order aforesaid shall not have any effect or Provisional operation unless and until the same has, on the application of the order to be laid governing body, been laid before both Houses of Parliament; and before Parliait shall be lawful for the Secretary of State, and he is hereby required as soon as conveniently may be, to cause such provisional order to be laid before both Houses of Parliament; and after such provisional order has lain forty days before Parliament, then, unless within such forty days an address has been presented by one or other of the said Houses, such provisional order shall come into operation. 6. All costs, charges, and expenses incurred by the Secretary Expenses to be of State in relation to any such provisional order as aforesaid a charge on shall, to such extent as the Commissioners of Her Majesty's Trea- funds of sury think proper to direct, become a charge upon the funds of hospital. the hospital or endowed institution applying for such provisional order, and shall be repaid to the said Commissioners of Her Majesty's Treasury, together with interest thereon at the rate of five per cent. per annum until the same shall be paid. 7. In this Act the words "Secretary of State" shall mean one Interpretation of Her Majesty's Principal Secretaries of State, and the word of terms. Act. Endowed Hospitals, &c. (Scotland). "sheriff" shall mean the sheriff of and acting in the county of which he is sheriff, and shall include sheriff substitute and also steward and steward substitute. Short title, 8. This Act may be cited for all purposes as The Endowed and duration of Institutions (Scotland) Act, and shall be in force until the thirtyfirst day of December one thousand eight hundred and seventyone: Provided that it shall be lawful for Her Majesty in Council, if special cause be shown, to continue this Act in force with respect to any hospital or endowed institution until the thirty-first day of July one thousand eight hundred and seventy-two. Saving powers of governors, &c. under special Acts, &c. As to the words "endowed institution." From 30th may be ex- Interpretation of terms. 9. Nothing herein contained shall be held to limit any of the powers presently enjoyed by any of the said governors, managers, or trustees under any special Act of Parliament or charter, or by the foundation grant of such hospital or other endowed institution. 10. The words endowed institution in this Act shall extend to and include any mortifications or bequests of money in the hands of trustees for educational or charitable purposes. CHAP. 40. An Act to exempt from rating Sunday and Ragged Schools. [26th July 1869.] WHEREAS for many years and until lately buildings used as Sunday and Ragged Schools for gratuitous education enjoyed an exemption from poor and other rates, and it is expedient that they should be exempted from such liability: 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 Parliament assembled, and by the authority of the same, as follows: 1. From and after the thirtieth day of September one thousand eight hundred and sixty-nine every authority having power to impose or levy any rate upon the occupier of any building or part of a building used exclusively as a Sunday School or Ragged School may exempt such building or part of a building from any rate for any purpose whatever which such authority has power to impose or levy: Provided, that nothing in this Act contained shall prejudice or affect the right of exemption from rating of Sunday or Infant Schools, or for the charitable education of the poor in any churches, district churches, chapels, meeting houses, or other premises, or any vestry rooms belonging thereto, or any part thereof, by virtue of an Act passed in the third and fourth years of the reign of King William the Fourth, chapter thirty, intituled "An Act to exempt from poor and church rates all churches, "chapels, and other places of religious worship." 2. A "Sunday School" shall mean any school used for giving religious education gratuitously to children and young persons on Sunday, and on week days for the holding of classes and meetings in furtherance of the same object, and without pecuniary profit being derived therefrom. A "Ragged School" shall mean any school used for the gratuitous education of children and young persons of the poorest classes Sunday and Ragged Schools. Assessed Rates. and for the holding of classes and meetings in furtherance of the same object, and without any pecuniary benefit being derived therefrom except to the teacher or teachers employed. 3. This Act shall not extend to Ireland. Extent of Act. 4. This Act may be cited as The Sunday and Ragged Schools Short title. (Exemption from Rating) Act, 1869. CHAP. 41. An Act for amending the Law with respect to the rating of Occupiers for short terms, and the making and collecting [26th July 1869.] of the Poor's Rate. WHEREAS it is expedient to amend the law relating to the ments held for short terms, and to the making and collecting of the poor rate: 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 Parliament assembled, and by the authority of the same, as follows: poor rate from their rents. 1. The occupier of any rateable hereditament let to him for a Occupiers term not exceeding three months shall be entitled to deduct the may deduct the amount paid by him in respect of any poor rate assessed upon such hereditament from the rent due or accruing due to the owner, and every such payment shall be a valid discharge of the rent to the extent of the rate so paid. 2. No such occupier shall be compelled to pay to the overseers Amount of rate at one time or within four weeks a greater amount of the rate payable by than would be due for one quarter of the year. occupier. 3. In case the rateable value of any hereditament does not Owners may exceed twenty pounds, if the hereditament is situate in the metro- agree to pay the rate, and polis, or thirteen pounds if situate in any parish wholly or partly be allowed a within the borough of Liverpool, or ten pounds if situate in any commission. parish wholly or partly within the city of Manchester or the borough of Birmingham, or eight pounds if situate elsewhere, and the owner of such hereditament is willing to enter into an agreement in writing with the overseers to become liable to them for the poor rates assessed in respect of such hereditament, for any term not being less than one year from the date of such agreement, and to pay the poor rates whether the hereditament is occupied or not, the overseers may, subject nevertheless to the control of the vestry, agree with the owner to receive the rates from him, and to allow to him a commission not exceeding twentyfive per cent. on the amount thereof. to be rated instead of the occupier. 4. The vestry of any parish may from time to time order that Vestries may the owners of all rateable hereditaments to which section three of order the owner this Act extends, situate within such parish, shall be rated to the poor rate in respect of such rateable hereditaments, instead of the occupiers, on all rates made after the date of such order; and thereupon and so long as such order shall be in force the following enactments shall have effect: Owners omit- commission. Assessed Rates. 1. The overseers shall rate the owners instead of the occupiers, and shall allow to them an abatement or deduction of fifteen per centum from the amount of the rate : 2. If the owner of one or more such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for any term not being less than one year in respect of all such rateable hereditaments of which he is the owner, whether the same be occupied or not, the overseers shall rate such owner accordingly, and allow to him a further abatement or deduction not exceeding fifteen per centum from the amount of the rate during the time he is so rated : 3. The vestry may by resolution rescind any such order after a day to be fixed by them, such day being not less than six months after the passing of such resolution, but the order shall continue in force with respect to all rates made before the date on which the resolution takes effect: Provided that this clause shall not be applicable to any rateable hereditament in which a dwelling house shall not be included. 5. When an owner who has become liable to pay the poor rate omits or neglects to pay, before the fifth day of June in any year, any rate or any instalment thereof which has become due preJune to forfeit viously to the preceding fifth day of January, and has been duly demanded by a demand-note delivered to him or left at his usual or last known place of abode, he shall not be entitled to deduct or receive any commission, abatement, or allowance to which he would, except for such omission or neglect, be entitled under this Act, but shall be liable to pay, and shall pay, such rate or instalment in full. Repeal of Constructive payment of the rate. If owners omit to pay rates, occupiers paying the same may deduct amount from the rent. 6. The statute thirteenth and fourteenth Victoria, chapter ninety-nine, with respect to the rating of small tenements, and so much of any local statute as relates to the rating of owners instead of occupiers, are hereby repealed, so far as the same apply to any poor rate made after this Act comes into operation. 7. Every payment of a rate by the occupier, notwithstanding the amount thereof may be deducted from his rent as herein provided, and every payment of a rate by the owner, whether he is himself rated instead of the occupier, or has agreed with the occupier or with the overseers to pay such rate, and notwithstanding any allowance or deduction which the overseers are empowered to make from the rate, shall be deemed a payment of the full rate by the occupier for the purpose of any qualification or franchise which as regards rating depends upon the payment of the poor rate. 8. Where an owner who has undertaken, whether by agreement with the occupier or with the overseers, to pay the poor rates, or has otherwise become liable to pay the same, omits or neglects to pay any such rate, the occupier may pay the same and deduct the amount from the rent due or accruing due to the owner, and the receipt for such rate shall be a valid discharge of the rent to the extent of the rate so paid. Owners to give 9. Every owner who agrees with the overseers to pay the poor lists of occupiers, and liable rate, or who is rated or liable to be rated for any hereditament Assessed Rates. instead of the occupier, shall deliver to the overseers, from time to penalty for to time, when required by them, in writing, a list containing the wilful omission. names of the actual occupiers of the hereditaments comprised in such agreement, or for which he is so rated or liable to be rated; and if any such owner wilfully omits to deliver such list when required to do so, or wilfully omits therefrom or misstates therein the name of any occupier, he shall for every such omission or misstatement be liable, on summary conviction, to a penalty not exceeding two pounds. arrear. 10. Section twenty-eight of The Representation of the People Notice to occuAct, 1867, with respect to notice to be given of rates in arrear, piers of rates in shall apply to occupiers of premises capable of conferring the parliamentary franchise, although the owners of such premises have become liable for the rates assessed thereon under the provisions of this Act. 11. Where the owner has become liable to the payment of the Liability of poor rates, the rates due from him, together with the costs and owner under charges of levying and recovering the same, may be levied on the agreement. goods of the owner, and be recovered from him in the same way as poor rates may be recovered from the occupier. the owner. 12. Notwithstanding the owner of any such rateable heredita- Recovery of ment as aforesaid has become liable for payment of the poor rates rates unpaid by assessed thereon, the goods and chattels of the occupier shall be liable to be distrained and sold for payment of such rates as may accrue during his occupation of the premises, at any time whilst such rates remain unpaid by the owner, subject to the following provisions : 1. That no such distress shall be levied unless the rate has 3. That any such occupier shall be entitled to deduct the amount 13. Every owner of any hereditament for the rates of which he has become liable shall have the same right of appeal (subject to the same conditions and consequences) against the valuation lists and the poor rates as if he were the occupier thereof. Owner may appeal against valuation list and rate. Overseer to 14. The overseers of every parish when they make a poor rate shall set forth in the title of the rate the period for which the state period for same is estimated, and if the same is payable by instalments the which poor amount of each instalment and the date at which each instalment rate is made. is payable; provided that if the necessities of the parish shall require it another rate may be made before such period shall have elapsed. Proviso. |