ment. be no assess an unfit criterion for making a general district rate, a valuation shall be made by a person appointed by the local board for that purpose, in manner, as near as circumstances will permit, prescribed by an Act passed in the seventh year of the reign of King William the Fourth, intituled "An Act to regulate Parochial Assessments" (y), or any other Act for the time being in force for regulating parochial assess ments; Sections 107, 113, 10 & 11 Vict. c. 63, repealed, and power given for raising money on credit of rates. And the net annual value of the property shall be ascertained by reference to the said valuation and assessment (z). LVII. The one hundred and seventh (a), the one and 119 of hundred and thirteenth (b), and the one hundred and nineteenth (c) sections of the Public Health Act, 1848, shall be repealed; and in lieu thereof be it enacted, that the local board, or any board of improvement commissioners exercising the borrowing powers of the Public Health Act, 1848, may, for the purpose of defraying any costs, charges, and expenses incurred (d) or to be incurred by them in (y) The 6 & 7 Will. 4, c. 96, prescribes no particular manner for making the valuation. It only enables the poor law board, upon certain representations, to issue an order to the board of guardians of a parish or union, or to the overseers, to cause a valuation to be made of the rateable property in such parish, or in any parish of the union. What is perhaps meant is, that the valuation should be made according to the principle of assessment prescribed by the first clause of that Act. (z) These words and assessment are superfluous, and appear to have no meaning. (a) See ante, p. 163. (d) It is to be observed that the mortgage may be made in respect of works done, as it may be to defray costs and expenses incurred. Here the legislature have lost sight of or have overruled the principle which opposes retrospective rating the execution of this Act or of any Act incorporated herewith, or of any Act incorporating the powers of the Public Health Act, 1848, borrow and take up at interest, on the credit of the charges (e) and rates authorized to be made or collected under the said Acts respectively, any sums of money necessary for defraying any such costs, charges, and expenses; And for the purpose of securing the repayment of any sums so borrowed, together with such interest as aforesaid, the said local board may mortgage (f) to the persons by or on behalf of whom such sums are advanced the said charges and rates or any of them; But the exercise of the above power shall be subject to the following regulations: (1.) Such money shall not be borrowed except for permanent works (g), nor without the sanction (e) The word charges will refer to the rentcharges which may be created under sect. 58, post, as 11 & 12 Vict. c. 63, only authorizes the making of rates, and contains no provision for the creation of other charges; yet it may perhaps be found that a similar security has been created in some of the Acts referred to in the text. It will be observed that the local board may mortgage any of the rates levied by them to meet the charge of any works executed by them. The creditor will have the security of the general rate though the works are for private improvements only. The ratepayers, however, are to be protected by the concluding proviso. (f) The mortgage of the charges will consist in the creation of the rents, which are in themselves mortgages. (g) This word is introduced from the former statute, but neither statute defines what are permanent works. Probably it is not practicable to give a complete definition, but it is clear that new and substantial works would come within the meaning, while mere repairs would not. In any given case it must be determined whether it fall within the one or the other category, and the proposed lender of the money must be satisfied upon this point. of one of Her Majesty's principal secretaries of state (h): (2.) The money so borrowed shall not, except as hereinafter provided (i), at any time exceed in the whole the assessable value for one year of the premises assessable within the district in respect of which such money may be borrowed (k): (3.) The money may be borrowed for such time, not exceeding thirty years (1), as the local board, with the sanction of one of Her Majesty's principal secretaries of state, determine in each case; And, subject as aforesaid, the local board may either pay off the monies so borrowed by equal annual instalments, or they may in every year set apart as a sinking fund, and accumulate in the way of compound interest by investing the same in the purchase of exchequer bills or other government securities, such sum as will be sufficient to pay off the monies so borrowed, or a part thereof, at such times as the local board may determine (m); (h) The consent of the secretary of state is substituted for the consent of the general board of health, it being deemed necessary that a control should be exercised over the local board in this respect, where a charge is to be shifted from present ratepayers to their successors. It might have been more advantageous to impose a control upon outlay than upon the borrowing of the money to repay it. (i) See sect. 78, post. (k) These words are taken from the last Act, into which they were inserted, as Mr. Lawes states in his note on 11 & 12 Vict. c. 63, s. 107, by the House of Commons in the committee on the bill. The language has been criticised, but it may be fairly understood to signify the annual rateable value of the whole of the assessable property within the district taken for the year next preceding the loan. (7) In sect. 78, post, there is a provision to allow this time to be extended under certain circumstances to fifty years. (m) This is a very questionable option. If the local board And in cases where the local board borrow any money for the purpose of defraying private expenses, or expenses in respect of which they have determined a part only of the district to be liable (n), it shall be the duty of the local board, as between the ratepayers of the district, to make good, so far as they can (o), the money so borrowed, as occasion requires, either out of private improvement rates, or out of a rate levied in such part of the district as aforesaid (p). may be advances first costs of LVIII. Where any person shall advance money Rentcharge for any expenses which by the said Public Health granted for Act, 1848, are, or by the said local board shall made to meet be, declared to be private improvement expenses, private imthe said local board (q), on being satisfied by the provements. report of their surveyor or otherwise that the money advanced by such person has been duly expended, may issue a grant in the Form B. in the schedule hereunto annexed to such person of a yearly rent accumulate and form a sinking fund, there is nothing to resist the strong temptation which may arise of applying the accumulation to some other purpose. Such a proceeding might probably be prevented by the intervention of some ratepayer; but if all the ratepayers concur, or if no one interfere, as may probably be the case, the board may act with impuuity. (n) It seems that reference is here made to 11 & 12 Vict. c. 63, s. 89, ante, p. 147. See note thereon. (0) The legislature are aware of the great difficulty with which the local board will be involved in respect of private improvement expenses. The theory of these provisions is good, but the practice, with strict legal regularity, must prove very embarrassing. (p) As no special district rate can be levied, (see sect. 54, ante, p. 293,) it is not easy to see what rate can be here referred to. (g) This is a new provision by which a stranger is enabled to charge a rent upon the land of another, but it is analogous to the enactments by which rents have been charged upon lands in commutation of tithes, except that in that case an action is given for the recovery of the rent. No action is given by this section. See Willoughby v. Willoughby, 4 Q. B. 487; Bedford v. Sutton Coldfield, 3 Scott (N. S.), 449. charge to be issuable out of the premises (b) in respect whereof such advance shall have been made, or out of such part thereof, to be specified in such grant, as the said local board shall think proper and sufficient, such rentcharge to be personal estate (c) and to begin to accrue from the day of completion of the works on which such money shall have been expended as aforesaid, and be payable by equal half-yearly payments for and during a term not exceeding thirty years, in such manner that the whole of the said sum so to be advanced as aforesaid, with the costs of preparing the said grant so to be issued as aforesaid, together with interest thereon respectively, at a rate not exceeding six pounds per centum per annum upon the sum from time to time remaining unpaid, shall be repaid at the end of the said term (d): Provided always, that the grantee of such rentcharge shall for the recovery of the same have all the powers, authorities, rights, and remedies of the said local board with respect to private improvement rates (e), and the provisions of the ninety (b) Hence if the premises charged be afterwards severed, the rent will continue a charge upon every portion. With reference to the difficulty arising out of such a state of circumstances, see Bedford v. Sutton Coldfield, 3 C. B. (N. S.), 449; Rivis v. Watson, 5 M. & W. 255. (c) This provision will affect the devolution of the property in the case of intestacy. See the observations of the judges in Bligh v. Brent, 2 Y. & C. 268. (d) A question of some difficulty will arise whether after the lapse of the thirty years any, and, if so, what amount of arrears will be recoverable. (e) See 11 & 12 Vict. c. 63, s. 90, ante, p. 148, which enables private improvement rates to be made. Sect. 103, ante, p. 159, provides a summary remedy before justices for the recovery of the rate when in arrear. It appears therefore that there will be no independent right to distrain upon default, but there must be a distress warrant issued by the justices after a summons and |