CAB37-17 — Page 109

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[49 VIOT.]

County Councils.

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adjusted so as to provide that the portion of the consolidated A.D. 1896. rate levied in each parish to raise such sum shall not exceed the limit imposed as aforesaid.

78. If any authority entitled to issue a precept for payment of Default in 5 any sum out of the consolidated rate of any parish makes default in Issuing

serving on the overseers, at or before the time appointed by this precepts

at appointed Act, the requisite precept the overseers may refuse to receive such time. precept until directed to receive the same by summary order; and any court of summary jurisdiction may make such order, but all 10 costs incurred in or about the making of such order shall, unless the court for special reasons otherwise directa, be paid by the applicant for the order; and, in addition thereto, the court shall, unless for special reasons it thinks fit to otherwise direct, award sum to be paid to the overseers in respect of which the default is made, to be retained by such overseers, of not less than one pound and not more than five pounds, by way of penalty for the neglect of the defaulting authority and of compensation to the overseers for the additional trouble imposed on them by reason of such default.

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Notwithstanding the foregoing provision the Local Government Board or Her Majesty's most honourable Privy Council may in cases where it is authorised to demand payment of any con- tribution from a parish make such demand at any time without payment of any penalty, and a supplemental rate shall be made for 25 the purpose of satisfying such demand, and the like privilege shall be accorded to any person or authority empowered by the Local Government Board in pursuance of this Act to demand payment of any contribution from a parish for the purpose of defraying any cxpenses incurred in remedying the default of a sanitary authority.

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79. If default is made in complying with the provisions of this General Act in all or any of the following cases; (that is to say,)

defaults in relation to

(1.) In making or assessing a consolidated rate at the time when rating.

such rate is by this Act required to be made or assessed, or in inserting in any such rate any item required to be inserted therein; or

(2.) In levying any consolidated rate, or any instalment thereof, or any portion of an instalment at a time when such rate or instalment or portion is required to be levied; or

(8.) In paying to any person or persons entitled to such payment

any moneys out of the consolidated rate.

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