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POOR See also:LAW
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The phrase poor See also:law " in See also:English usage denotes the legislation embodying the See also:measures taken by the See also:state for the See also:relief of paupers and its See also:administration
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The See also:history of the subject and its problems generally are dealt with in the See also:article CHARITY AND CHARITIES, and other See also:information will be found in See also:UNEMPLOYMENT and See also:VAGRANCY
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This article will See also:deal only with the practice in the See also:United See also:Kingdom as adopted after the reform of the poor law in 1834 and amended by subsequent acts
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This reform was brought about mainly by the rapid increase of the poor See also:rate at the beginning of the 19th See also:century, showing that a See also:change was necessary either in the poor law as it then existed or in the mode of its administration
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A See also:commission was appointed in 1832 " to make diligent and full inquiry into the See also:practical operation of the See also:laws for the relief of the poor in See also:England and See also:Wales, and into the manner in which those laws were administered, and to See also:report their See also:opinion as to what beneficial alterations could be made." The commissioners reported " fully on the See also:great abuse of the legislative See also:provision for the poor as directed to be employed by the See also:statute of See also: The obstacles which the act had to contend with in Londonchiefly arose from the confusion and perplexity of See also:jurisdiction which existed in the one See also:hundred and seventy parishes comprised within the See also:city of See also:London and the See also:metropolitan See also:district, some of these containing governing bodies of their own; in some the parish business was professedly managed by open vestries, in others by select vestries, and in addition to these there were elective vestries, while the See also:majority of the large parishes were managed under See also:local acts by boards of See also:directors, See also:governors and trustees . These governing bodies executed a great variety of functions besides regulating the management of the poor . The power, patronage and the indirect advantages which arose from the administration of the local funds were so great that much opposition took See also:place when it was proposed to interfere by constituting a board to be annually chosen and freely elected by the ratepayers, on which the See also:duty of regulating the See also:expenditure for the relief of the poor was to depend . The general management of the poor was, however, on a somewhat better footing in London than in the See also:country . The act of 1834 was rather to restore the See also:scope and intention of the statute of Elizabeth by placing its administration in the hands of responsible persons chosen by the ratepayers, and themselves controlled by the orders of a central See also:body, than to create a new See also:system of poor laws . The agents and See also:instruments by which the administration of relief is afforded are the following . The description applies to the See also:year 1910, but, as noticed below, the question of further reform was already to the fore, and the precise direction in which changes should go was a highly controversial See also:matter . The guardians of the poor regulate the cases and description of relief within the See also:union; a certain number of guardians are elected from time to time by the ratepayers . The number was formerly determined by the central Guard/ans. board,l by whom full directions as to the mode of See also:election were given . In addition to those elected there were ex officio guardians, principally local magistrates . However, both these and nominated guardians were done away with by the Local Government Act 1894 . The plural See also:vote (which gave to the votes of the larger ratepayers a higher value) was also abolished; and in place of the old See also:property qualification for the See also:office of See also:guardian a ratepaying or residential qualification was substituted . In See also:urban districts the act in other respects See also:left the board of guardians untouched, but in rural districts it inaugurated a policy of consolidating local authorities . In the rural districts the district See also:council is practically amalgamated with the guardians, for, though each body retains a See also:separate corporate existence, the district councillors are the guardians, and guardians as such are no longer elected . These electoral changes, extremely democratic in their See also:character, brought about no marked general change in poor law administration . Here and there abrupt changes of policy were made, but the difficulty of bringing general principles to See also:bear on the administration of the law remained much as before . The guardians hold their meetings frequently, according to the exigencies of the union . Individual cases are brought to their See also:notice--most cases of See also:resident poor by the relieving officer of the union; the See also:case of casual paupers by him or by the work-See also:house officers by whom they were admitted in the first instance . The resident poor frequently appear in See also:person before the guardians . The mode of voting which the guardians follow in respect to any matter they differ on is minutely regulated, and all their proceedings, as well as those of their officers, are entered in pre-scribed books and forms . They have a clerk, generally a local See also:solicitor of experience, who has a variety of responsible duties in advising, conducting See also:correspondence and keeping books of 1 After an intermediate See also:transfer in 1847 of the powers of the poor law commissioners, and the constitution of a fresh board styled " commissioners for administering the laws for relief of the poor in England," it was found expedient to concentrate in one See also:department of the government the supervision of the laws See also:relating to the public See also:health, the relief of the poor and local government;: and this concentration was in 1871 carried out by the See also:establishment (by Act of See also:Parliament 34 & 35 Vict. c . 70) of the local government board . accounts, and carrying out the directions of the guardians, who in their turn are subject to the general or See also:special regulations of the local government board . It may be mentioned here that the See also:chief difficulty in under-See also:standing the English poor law arises from the fact that there are three authorities, each of them able to alter its administration fundamentally . The poor law is not only the creation of statutes passed by parliament; it is also controlled by the subordinate jurisdiction of the local government board, which in virtue of various acts has the power to issue orders . In a single year the local government board may issue nearly two thousand orders, over a thousand of them having special reference to the poor law . It is not possible therefore even to summarize the See also:mass of subordinate legislation . A third source of authority is the local board of guardians, which, within the discretion allowed to it by statutes and orders, can so variously administer the law that it is difficult to understand how See also:procedure so fundamentally different can be based on one and the same law . This See also:elasticity, admirable or mischievous, as we choose to regard it, is the most characteristic feature of the English poor law system . The various officers of the union, from the medical officers to workhouse porters, including masters and matrons of workhouses, are generally appointed by the guardians, and the areas, duties and salaries of all the paid officers may be prescribed by the local government board . Among a multitude of See also:miscellaneous duties and powers of the guardians, apart from the ordinary duties of ordering 'or refusing relief in individual cases and superintending the officers of the union, the duties devolve on them of considering the See also:adjustment of contributions to the See also:common fund whether of divided or added parishes, and matters affecting other unions, the building of workhouses and raising of money for that and other purposes, the taking of See also:land on See also:lease, the See also:hiring of buildings, special provisions as to See also:superannuation and allowances to officers, the See also:maintenance and orders as to lunatics apart from individual instances, and the See also:consideration of questions of See also:settlement and removal . A See also:paramount See also:obligation rests on the guardians to attend to the actual visitation of workhouses, See also:schools and other institutions and places in which the poor are interested, and to See also:call See also:attention to and report on any irregularity or neglect of duty . Guardians may See also:charge the rates with the expenses of attending conferences for the discussion of matters connected with their duties (Poor Law Conferences Act 1883) . In relation to expenditure the guardians have very considerable but restricted powers . Their accounts are audited by district auditors appointed by the local government board . Overseers of the poor are still appointed under the statute of Elizabeth, and the guardians cannot interfere with the See also:appointment . As, however, the relief of the poor is administered by boards of guardians, the principal duties of overseers relate to the making and collection of rates and payments . The guardians, by order of the local government board, may appoint assistant overseers and collectors . The conditions of persons entitled to relief are indicated by the terms of the statute of Elizabeth . If they fall within the See also:definitions there given they have right to relief . A fundamental principle with respect to legal relief of the poor is that the See also:condition of the pauper ought to be, on the whole, less eligible than that of the See also:independent labourer . The pauper has no just ground for complaint, if, while his See also:physical wants are adequately provided for, his condition is less eligible than that of the poorest class of those who contribute to his support . If a state of destitution exists, the failure of third persons to perform their duty, as a See also:husband, or relative mentioned in the statute of Elizabeth, neglecting those he is under a legal obligation to support, is no See also:answer to the application . The relief should be afforded, and is often a condition precedent to the right of parish officers to take proceedings against the relatives or to apply to other poor unions . The duty to give immediate relief must, however, vary with the circumstances . The case of wanderers under circumstances not admitting of delay may be different from that of persons resident on the spot where inquiry as to all the circumstances is practicable . The statute of Elizabeth contemplated that the relief was to be afforded to the poor resident in the parish, but it is contrary to the spirit of the law that any person shall be permitted to perish from See also:starvation or want of medical assistance . Whoever is by sudden emergency or urgent See also:distress deprived of the ordinary means of subsistence has a right to apply for immediate relief where he may happen to be . Persons comprehended within this class are called " casual poor," although the See also:term " casuals " is generally used in reference to vagrants who take See also:refuge for a See also:short time in the " casual wards " of workhouses . Various tests are applied to ascertain whether applicants are really destitute . Labour tests are applied to the able-bodied, and workhouse tests are applied to those to whom entering a workhouse is made a condition of relief . As to the nature and kind of relief given under the poor laws the great distinction restored rather than introduced by the amendment of the poor law system in 1834 was Nature and giving all relief to able-bodied persons of their Kind of families in well-regulated workhouses (that is to Relief say, places where they may be set to work according to the spirit and intention of the statute of Elizabeth), and confining outdoor relief to the impotent—that is, all except the able-bodied and their families . Although workhouses formed a conspicuous feature in legislation for the poor from an See also:early See also:period, the erection of those buildings for unions throughout the country where not already provided followed immediately on the amendment of the system in 1834 . Since that time there has been a See also:constant struggle between the pauper class and the administrators of the law, the former naturally wishing to be relieved at their own homes, and in many instances choosing rather to go without aid than to remove within the walls of the workhouse . Relief given in a workhouse is termed " in (or indoor) maintenance " relief, and when given at the homes of the paupers is termed " outdoor relief." See also:Admission to a workhouse may be by a written order of the board of guardians, or by the See also:master or matron (or in their See also:absence by the See also:porter) without an order in any case of sudden Workhouse or urgent See also:necessity, or provisionally by a relieving officer, or overseer or See also:churchwarden . Any person who Rules . is brought by a policeman as having been found wandering in a state of destitution may be admitted . It is to be observed generally, with respect to all persons who may apply for admission into the workhouse under circumstances of urgent necessity, that their destitution, coupled with the fact of being within the union or parish, entitles them to relief, altogether independently of their settlement, if they have one, which is a matter for subsequent inquiry . The regulations for the government of workhouses fall under two classes: (i) those which are necessary for the maintenance of See also:good order in any building in which considerable See also:numbers of persons of both sexes and of different ages reside; (2) those which are necessary in order that these establishments may not be See also:alms-houses, but workhouses in the proper meaning of the term . The inmates of a workhouse are necessarily separated into certain classes . In no well-managed institution of this sort, in any country, are See also:males and See also:females, the old and the See also:young,'the healthy and the sick, indiscriminately mixed together . Guardians are required to See also:divide the paupers into certain classes, and to subdivide any one or more of these classes in any manner which may be advisable, and which the See also:internal arrangements of the workhouse admit; and the guardians are required from time to time, after consulting the medical officer, to make necessary arrangements with regard to per-sons labouring under any disease of body or mind, and, so far as circumstances permit, to subdivide any of the enumerated classes with reference to the moral character or behaviour or the previous habits of the inmates, or to such other grounds as may seem expedient . The separation of married couples was See also:long a vexed question, the evils on the one See also:hand arising from the former unrestricted practice being very great, while on the other hand the separation of old couples was See also:felt as a great hardship, and by See also:express statutory See also:pro-See also:vision in 1847 husband and wife, both being above the age of sixty, received into a workhouse cannot be compelled to live separate and apart from each other (to & is Viet. c . 109, § 23) . This exemption was carried somewhat further by contemporaneous orders of the board, under which guardians were not compelled to separate infirm couples, provided they had a sleeping apartment separate from that of other paupers; and in 1876 guardians were empowered, at their discretion, to permit husband and wife where either of them is Overseers . Conditions of Relief . infirm, sick or disabled by any injury, or above sixty years of age to live together, but every such case must be reported to the local government board (39 & 40 Vict . C . 61, § io) . The See also:classification of See also:children apart from adult paupers is See also:peremptory . Even in those unions where what is called a workhouse school is maintained the children are kept in detached parts of the building, and do not See also:associate with the adult paupers . The separate school is built on a separate and often distant site . Some-times the separate school is one building, sometimes detached " blocks," and sometimes a See also:group of cottage homes . There still remain ten district schools . In some places an experiment which is called the scattered homes system has been adopted . This consists in lodging-homes for the children placed in different parts of the See also:town, from which the children attend the local public elementary schools . In the rural districts and in less populous unions the children generally attend the local public elementary school . To these expedients boarding-out must be added . The above refers of course only to those children who as inmates are under the charge of the guardians . Outdoor paupers are responsible for the See also:education of their children, but guardians cannot legally continue outdoor relief if the children are not sent regularly to school . The tendency too has been to improve administrative methods with reference to children . Two important orders on the subject of the boarding-out of poor-law children were issued in 1889 . By the Boarding of Children in Unions Order, See also:orphan and deserted children can be boarded out with suitable See also:foster-parents in the union by all boards of guardians except those in the See also:metropolis . This can be done either through a voluntary See also:committee or directly . By the Boarding Out Order, orphan and deserted children may be boarded out by all boards of guardians without the limits of their own unions, but in all cases this must be done through the offices of properly constituted local boarding-out committees . The sum payable to the foster-parents is not to exceed 4s. per See also:week for each See also:child . The local committee require to be approved by the Local Government Board . The question of the education of poor law children was much discussed in later years . During the early years of the central authority, it was the See also:object of the commissioners to induce boards of guardians to unite in districts for educational purposes . This was advocated on grounds of efficiency and See also:economy . It was very unpopular with the local authorities, and the number of such districts has never exceeded a dozen . In London, where this See also:aggregation was certainly less desirable than in rural unions, several districts were formed and large district schools were built . Adverse See also:criticism, by Mrs See also:Nassau See also:Senior in 1874, and by a department committee appointed twenty years later, was directed against these large, or, as they are invidiously called, barrack schools . The See also:justice of this condemnation has been disputed, but it seems probable that some of these schools had grown too large . Many of these have been dissolved by order of the local government board on the application of the unions concerned . This condemnation of some schools has in certain quarters been extended to all schools, and is construed by others as an unqualified recommendation of boarding out, a method of bringing up poor law children obviously requiring even more careful supervision than is needed in the publicity of a school .
Other acts to be noted are the Poor Law Act 1889 and the Custody of Children Act 1891, § 3
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The evil of allowing children who have been reputably brought up in poor law schools to relapse into vicious habits on return to the custody of unworthy parents has been the subject of frequent remark
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By the act of 1889, guardians are authorized to detain children who are under their charge, as having been deserted by their parents, up to the age of 16 if boys and of 18 if girls
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By the Poor Law Act 1899 the principle is extended to orphans and the children of See also:bad parents chargeable to the rates
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The act of 1891 goes further, and enacts that where a See also:parent has (a) abandoned or deserted his child, or (b) allowed his child to be brought up by another person at that person's expense, or by the guardians of a poor law union for such a length of time and in such circumstances as to satisfy the See also:court that the parent was unmindful of his parental duties, the court shall not make an order for the delivery of the child to the parent unless the parent has satisfied the court that, having regard to the welfare of the child, he is a See also:fit person to have the custody of the child
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Casual and poor wayfarers admitted by the master and matron are kept in a separate See also: A poor law authority, they said, cannot give relief which will not subject the recipients to the legal (if any) and economic disabilities attaching to the See also:receipt of poor law relief . Work which all can perform can only be found in the shape of task-work under adequate supervision . If the work is of a useful and necessary character, it must compete with the labour of others belonging to the trades affected . If the relief works are opened by authorities other than the poor law guardians, the conditions that the men were only to be employed when recommended by the guardians, and then paid less than the current rate of wages, were calculated, it was urged, to secure bad work, discontent, and all the " stigma of pauperism." The See also:ambiguity of the circular indeed was such, that both See also:action and inaction seem amply justified by it . In the administration of medical relief to the sick, the See also:objects kept in view are: (I) to provide medical aid for persons who are really destitute, and (2) to prevent medical relief from Medlcal generating or encouraging pauperism, and with this Relief. view to withdraw from the labouring classes, as well as from the administrators of relief and the medical officers, all motives for applying for or administering medical relief, unless where the circumstances render it absolutely necessary . Unions are formed into medical districts limited in See also:area and See also:population, to which a paid medical officer is appointed, who is furnished with a See also:list of all such aged and infirm persons and persons permanently sick or disabled as are actually receiving relief and residing within the medical officer's district . Every person named in the list receives a See also:ticket, and on exhibiting it to the medical officer is entitled to See also:advice, attendance and See also:medicine as his case may require . Medical outdoor relief in connexion with dispensaries is regulated in See also:asylum districts of the metropolis by the Metropolitan Poor Act 1867 (30 & 31 Vict . C . 6) . In connexion with medical relief must be noted the Medical Relief Disqualification Removal Act 1885 . This act relieved voters from disqualification which would otherwise attach in consequence of the receipt by them or their families of medical or surgical assistance, or of medicine, at the expense of the poor rate . This does not apply to guardian elections, and it does not include persons who, in addition to medical relief, receive nourishment or other relief from the poor rate . The provisions which require the removal of the names of paupers from the electoral See also:roll are, it is understood, very perfunctorily carried out . The Outdoor Relief Friendly See also:Societies Act 1894 authorized guardians, in calculating the proper See also:allowance to be made, to disregard an income derived from a friendly society, and to give relief as if the applicant in receipt of such an allowance was wholly destitute . This act is a curious See also:illustration of the English poor law system . In earlier years, notably in what is known as See also:Paget's See also:letter (22nd See also:Rep . Poor Law Board, p . 1o8), the central board, had, in answer to inquiry, pointed out that such preferential treatment given to men receiving benefit, insufficient to maintain them, from a friendly society, could not in See also:equity be withheld from persons in receipt of an adequate benefit, or from those whose savings took the form of a See also:deposit in a See also:bank, of a See also:share in a co-operative society, or of cottage property; and further, that an engagement on the See also:part of guardians to supplement insufficient allowance from a friendly society was a See also:bounty on inadequate and insolvent friendly society See also:finance . The central board went so far as to say that relief given in such disregard of the pauper's income was illegal . They had, however, issued no peremptory order on the subject, nor had guardians been surcharged for neglect of the See also:rule . The local authorities followed their own discretion, and a very general practice was to reckon friendly society allowances at See also:half their value . The above act set aside the central board's earlier See also:interpretation of the law . It _made, however, no See also:attempt to enforce its procedure on the numerous boards of guardians who regard the course thereby authorized as contrary to public policy . A lunatic asylum is required to be provided by a See also:county or See also:borough for the reception of pauper lunatics, with a committee of visitors who, among other duties, See also:fix a weekly sum to Lunatics be charged for the lodging, maintenance, medicine and clothing of each pauper lunatic confined in such asylum . Several acts were passed . The Lunacy Act 1890 consolidated the acts affecting lunatics . It was further amended by the Lunacy Act 1891 . An explanatory letter issued by the local government board will be found in the 2oth See also:Annual Report, p . 23 . The tendency of this and of all See also:recent legislation for an afflicted class has been to increase the care and the safeguards for their proper treatment . A settlement is the right acquired in any one of the modes pointed out by the poor laws to become a recipient of the benefit of those laws in that parish or place where the right has been last acquired . No relief is given from the poor rates of a parish to any person who does not reside within the union, except where such person The Ques- being casually within a parish becomes destitute by tion of sudden distress, or where such person is entitled to "See also:Settle- receive relief from any parish where non-resident anent." under justice's order (applicable to persons under orders of removal and to non-resident lunatics), and except to widows and legitimate children where the widow was resident with her husband at the time of his See also:death out of the union in which she was not settled, or where a child under sixteen is maintained in a workhouse or establishment for the education of pauper children not situate in the union, and in some other exceptional cases . Immediately before the passing of the Poor Law Amendment Act 1834 settlements were acquired by See also:birth, hiring and service, See also:apprenticeship, renting a See also:tenement, See also:estate, office or See also:payment of rates . In addition to these an See also:acknowledgment (by certificate), by relief or acts of acquiescence) has practically the effect of a settlement, for, if unexplained, such an acknowledgment stops the parish from disputing a settlement in the parish acknowledging . The Poor Law Amendment Act 1834 abolished settlement by hiring and service (or by See also:residence under it) and by serving an office, and by apprenticeship in the See also:sea service . Moreover the guardians of a union might agree (subject to the approval of the commissioners) that all the parishes forming it should for the purposes of settlement be considered as one parish . It is to be observed that, for the purposes of relief, settlement and removal and See also:burial, the workhouse of any parish is considered as situated in the parish to which each poor person is chargeable . There may be a settlement by parentage, for legitimate children take the settlement of their See also:father, or if he has no settlement they are entitled to the settlement of their See also:mother; and it is only when both these See also:sources fail See also:discovery that their right of settlement by birth accrues; for until the settlement of the father or mother has been ascertained the settlement of a legitimate child, like that of a See also:bastard, is in the place where the birth took place . A settlement attaches to those persons who have a settlement of some kind . Foreigners See also:born out of the country and not acquiring any in one of the modes pointed out must be provided for, if requiring relief, where they happen to be . As the See also:burden of maintaining the poor is thrown on the parish of settlement, when the necessity for immediate relief arises in another parish, the important question arises whether the pauper can be removed; for, although the parish where the pauper happens to be must afford immediate relief without waiting for removal, the parish of settlement cannot in general be charged with the cost unless the pauper is capable of being removed . The question of removability is distinct from settlement . A pauper often acquires a status or irremovability without gaining a settlement . Irremovability is a principle of great public importance quite irrespective of the incident of cost as between one parish or another . Before the introduction of a status of irremovability removal might take place (subject to powers of suspension in case of sickness and otherwise) after any See also:interval during which no legal settlement was obtained; See also:mere length of residence without concurrent circumstances involving the acquisition of a settlement on obtaining relief gave no right to a person to remain in the parish where he resided . In 1846 it was enacted that no person should be removed nor any See also:warrant granted for the removal of any person from any parish in which such persons had resided for five years (9 & to Viet. c . 66) . In 1861 three years was submitted for five (24 & 25 Vict. c . 55); and only four years later one year was substituted for three (28 & 29 Vict. c . 79) . Apart from these reductions of time in giving the status of irremovability, actual removals to the parish of settlement were narrowed by provisions giving to residence in any part of a union the same effect as a residence in any parish of that. union (24 & 25 Vict. c . 55) . On the other hand the time during which parish relief is received, or during which the person is in any poorhouse or See also:hospital or in a See also:prison, is excluded from the computation of time (9 & 10 Vict. c . 66) . The removability as well as the settlement of the See also:family, i.e. of the wife and unemancipated children, are practically subject to one and the same general rule . Wherever any person has a wife or children having another settlement, they are removable where he is removable, and are not removable from any parish or place from which he is not removable (II & 12 Vict . C . 211) . It is to be See also:borne in mind that no person exempted from liability to be removed acquires, by See also:reason of such exemption, any settlement in any parish; but a residence for three years gives a qualified settlement (39 & 40 Vict .
C
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61)
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The cost of relief of paupers rendered irremovable is borne by the common fund of the union (If & 12 Vict. c
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110, § 3) as union expenses (§ 6), and any question arising in the union with reference to thecharging relief may be referred to and decided by the local government board (§ 4)
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The poor rate is the fund from which the cost of relief is principally derived
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The statute of Elizabeth (extended in some respects as to places by 13 & 14 See also: A long See also:series of cases have established that when property is occupied for the purposes of the government of the country, including under that head the See also:police, and the administration ofYjustice, no one is rateable in respect of such occupation . And this applies not only to property occupied for such purposes by the servants of the great departments of state and the See also:post office, the See also:Horse See also:Guards, and the See also:Admiralty, in all which cases the occupiers might strictly be called the servants of the Crown, but to county buildings occupied for the assizes and for the See also:judge's lodgings, to stations for the local constabulary, to jails and to county courts where undertakings are carried out by or for the government and the government is in occupation; the same principles of exemption have been applied to property held by the office of works . When the property. is not de facto occupied by the Crown or for the Crown, it is rateable; and, although formerly the uses of property for public purposes, even where the Crown was not constructively interested in the way above pointed out, was treated as a ground for exemption, it is now settled that trustees who are in law the tenants and occupiers of valuable property in See also:trust for public and even charitable purposes, such as hospitals or lunatic asylums, are in principle rateable notwithstanding that the buildings are actually occupied by paupers who are sick or insane, and that the notion that persons in the legal occupation of valuable property are not rateable if they occupy in a merely fiduciary character cannot be sustained . With respect to the particular person to be rated where there is a rateable occupation, it is to be observed that the See also:tenant, as distinguished from the landlord, is the person to be rated under the statute of Elizabeth; but occupiers of tenements let for short terms may deduct the poor rate paid by them from their rents, or the vestries may order such owners to be rated instead of the occupiers; such payments or deductions do not affect qualification and franchises depending on rating (Poqr Rate See also:Assessment and Collection Act 1869 and Amendment Act 1882) . To be rated the occupation must be such as to be of value, and in this sense the word beneficial occupation has been used in many cases . But it is not necessary that the occupation should be beneficial to the occupier; for, if that were necessary, trustees occupying for various purposes, having no beneficial occupation, would not be liable, and their general liability has been established as indicated in the examples just given . As to the mode and amount of rating it is no exaggeration to say that the application of a landlord-and-tenant valuation in the terms already given in the Parochial Assessment Act, with the deductions there mentioned, has given rise to litigation on which millions of pounds have been spent with respect to the rating of See also:railways alone, although the established principle applied to them, after much consideration, is to calculate the value of the land as increased by the See also:line . The Parochial Assessment Act referred to (6 & 7 Will . IV. c . 96), comprising various provisions as to the mode of assessing the rate so far as it authorized the making of a valuation, was repealed in 1869, in relation to the metropolis, and other provisions made for securing uniformity of the assessment of rateable property there (32 & 33 Vict. c . 67) . The mode in which a rate is made and recovered may be concisely stated thus . The guardians appoint an assessment committee of their body for the investigation and supervision of valuations, which are made out in the first instance by the overseers according to specific regulations and in a form showing among other headings the See also:gross estimated rental of all property and the names of occupiers and owners, and the rateable value after the deductions specified in the Assessment Act already mentioned, and as prescribed by the central board . This valuation list, made and signed by the overseers, is published, and all persons assessed or liable to be assessed, and other interested parties, may, including the officers of other parishes, inspect and take copies of and extracts from that list . A multitude of provisions exist in relation to the valuation and supplemental valuation lists . Objections on the ground of unfairness or incorrectness are dealt with by the committee, who hold meetings to hear and determine such objections . The valuation list, where approved by the committee, is delivered to the overseers, who proceed to make the rate in accordance with the valuation lists and in a prescribed form of rate See also:book . The parish officers certify to the examination and comparison of the rate book with the assessments, and obtain the consent of justices as required by the statute of Elizabeth . This consent or allowance of the rate is merely a ministerial act, and if the rate is good on the See also:face of it the justices cannot inquire into its validity . The rate is then published and open to inspection . Appeals may be made to special or See also:quarter sessions against the rate, subject to the restriction that, if t |