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Jurisdiction in Rating Act 1877

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Jurisdiction in Rating Act 1877

1877 CHAPTER 11

An Act to make provision with respect to Judicial proceedings in certain cases relating to Rating.

[17th May 1877]

Be it 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; (that is to say,)

1Judges may act in certain cases relating to rates.

No judge shall he incapable of acting in his judicial office in any proceeding, whether commenced before or after the passing of this Act, by reason of his being, as one of several ratepayers, or as one of any other class of persons, liable, in common with the others, to contribute to or to be benefited by any rate which may be increased, diminished, or in any way affected by such proceeding.

2Certain acts done before the passing of this Act not to be invalidated.

No act, matter, or tiling which before the passing of this Act has been done, made, or executed by any judge prior to the passing of this Act, shall hereafter be quashed, or declared void because the same has been so made, done, or executed by any judge who may have been, as one of several ratepayers, or as one of any other class of persons, liable, in common with the others, to contribute to or to be benefited by any rate which may have been increased, diminished, or in any way affected by such act, matter, or thing.

3Interpretation.

In this Act, if not inconsistent with the context, the following words and expressions have the meanings herein-after respectively assigned to them; that is to say,

  • " Judge " means—

    • As to England, any Judge of Her Majesty's High Court of Justice, or Her Majesty's Court of Appeal, or of any of the Superior Courts of Law or Equity in England, as they existed before the constitution of Her Majesty's High Court of Justice ; and

    • As to Ireland, any Judge of any of the Superior Courts of Law or Equity at Dublin ; and

    • As to Scotland, any Judge of the High Court of Session; and

    • As to the United Kingdom, any Lord of Appeal, or Peer of Parliament, when sitting and voting in the House of Lords, upon the hearing of any matter brought before that House by way of error, or appeal from any other Court.

  • " Rate " means any rate, tax, duty, or assessment, whether public general or local, and also any fund formed from the proceeds of any such rate, tax, duty, or assessment, or applicable to the same, or like purposes to which any such rate, tax, duty, or assessment might be applied.

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