The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-10-21 00:00:00

LORD PORTMAN'S CHARGE TO THE
GRAND JURY.

Lord Portman, as chairman of the Court
of Quarter Sessions for the county of Dorset,
in charging the Grand Jury last week, offered
some appropriate remarks on several of the
changes which were made by the legislature
during the last Session of Parliament, in the
laws of the realm. The address, especially
that portion of it which refers to the new law of
rating property, as this more than any other of
the recent Acts concerns everyone, will be read
with great interest. His Lordship said ;
Gentlemen of the Grand Jury,—l may con-
gratulate the county upon the large attendance
of gentlemen of your station in life, who are
willing to serve the county by acting on the
grand jury; and I am glad to see among those
who are here some younger men as well as older
men, because I trust in time they will be able, as
wanted, to assist the foreman in administering
the laws as it is their duty to do. Gentlemen,
I are sorry to say that I shall be obliged to call
your attention to two or three cases in the
calendar which will require your serious 'Men.
tion, but before doing so I will allude to a few
other matters of importance to you, and of im-
portance to the whole community. I allude of
course at this time of the year to the changes
that have been made in the laws of the realm.
There are not many that affect us, but the alter-
ations that have been made are somewhat im-
portant. One Act of Parliament, I am sorry to ,
say, has taken ever since the year 1846 to in-
duce the House of Commons to pass, because so
long ago as that the late Duke of Richmond and
myself, for three years following, sent a measure
down to the Lower House, hoping we should be
able to persuade them to relieve the high con-
stables of the duty of receiving the jury lists,
and passing them through a number of hands.
At last, through leaving out the name high con-
stable, and calling it the Jury Hill, we have in-
duced the legislature to alter that system, and
now the Clerk of the Peace has to send to the
Churchwardens instructions for their proceed-
ings, and then the jury lists, having been veri-
fied by the magistrates, the Clerk of the Justices
paws them on to the Clerk of the Peace with-
out trouble to any other person. This is a
simple change, but it cannot fail to work well,
because in some hundreds in this and many
other counties there are no high constables
at all. A change has also been made in the law
relating to lunatics. Our excellent visiting
magistrates have already taken steps to endea-
vour to lessen the number of patients who are
sent to the lunatic asylum at Forston, Which, as
you all know, is more than full, and we are
obliged to be assisted by a lunatic asylum in
another county. The law says that the visiting
justices may confer with the guardians of the
poor, and make arrangements for such patients
as both parties think can safely, humanely, and
properly be taken care of in their respective
workhouses, to be taken care of there instead of
being sent to the lunatic asylum. We all know
there are many cases of poor creatures who are
imbecile, who are, what you *ill understand
when I use the common phrase, mere dribblers,
and these may be quite as well taken care of in
a workhouse as in an asylum. No skill, no
medical aid can be of the slightest Use to them;
all they want is proper food, care, and attention.
You may be quite sure the justices of the lunatic
asylum will take due care the power given them
by the law shall not be abused, but, if properly
used, I believe it will be a considerable relief to
the lunatic asylum in this county. There is a
short Act of Parliament which allows a speedier,
simpler, and less expensive mode of reoovering
rates from parties who do not pay the overseers'
on demand. Supposing a man refused to pay
the way rate, the poors' rate, and the church
rate, the officer was obliged to summon him
under three different processes; but under the
new act one process and one order will serve for
ensuring the payment of all three rates. Ano-
ther act I wish to refer to is the Highway Art.
The initiative in that matter is to be taken by five
justices in any division where they may wish to
carry the act into operation. Two divisions in
this county have moved in this question—l be-
lieve the Cerne and the Wimborne divisions;
but they did not move speedily enough to enable
us to take it into consideration upstairs yester-
day. It will be for the other divisions in the
county to consider the matter between this and
the Epiphany Sessions ; and if they think it de-
sirable, after they have looked into the question
—because it is necessary the ratepayers and
magistrates should look carefully into this sub-
ject—if they think it desirable, the magistrates
in Quarter Sessions may set in motion the act in
the whole county, or in such divisions of the
county in which there may be no objection. The
statute is very carefully guarded that all parties
may be heard before any action is taken. My
own private opinion is that it deserves the most
careful consideration, because although, in the
first instance, it may cause some expense in
putting the roads in repair, I believe it will ulti-
mately lead to the maintenance of these roads in
good repair. The queation hail been before Parlia-
ment since 1834. In that year permission was ,
given to parishes to unite in this matter, but
very few thought it desirable to act upon this
permission. The new act takes a larger area,
and enables divisions of counties, or whole
counties, to unite in carrying it into effect. It
is still permissive, and in a matter of this kind it
is not desirable it should be compulsory before
parties had time for consideration. The next
statute is the last of the session. It is one
which has caused a great deal of discussion in
various places, to say nothing of a great deal of
discussion in the House of Commons; but, as
I far as this county is concerned, I believe it will
be of very little operation. I believe the change
in reference to the Game Laws was founded, for
the most part, upon representations made from
I 1 eight-and-twenty counties as to the absolute
necessity of taking some steps to put a check
upon those frightful affrays which it was found
impossible to put a atop to under the existing
law. The police were unable to take any step
in the matter unless some extreme violence, an
attempt to murder, or a violent assault, justified
their interference. So far as it goes, the police
aro now enabled to take steps to secure the
offender; but as far as this county is concerned
I think we may feel quite sure our Chief Con-
stable will take care his men are not called out
of their way for any such pur?ose as this. and
I think we may feel quite sure also that the
magistrates of this county will not augment the
police force for such a purpose as this, but that
they will steadily go forward administering the
law as it is passed by Parl lament. One thing I must
say, that I think it is really a verygreat protection
to the policeman; because a policeman may be
, informed that a man goes forth for the pnrpose
I of robbing a hen roost ; he waits for his man in
the expectation of finding fowl in his possession,
and the man having pheasants instead of fowl,
he knocks down the policeman, and the police-
man had no remedy against the man, inasmuch
as he had stopped him without the authority of
law. Now if tho policeman found he had
pheasants instead of fowl, the man could not
assault the policeman with impunity, because he
must answer before a court of justice for the
possession of the pheasants. I believe, there-
fore, that it is in some degree a protection to
the policeman, and I think you may feel quite
easy that the law will not be abused either by
the police or by the magistrates in a county
like this. Now I must refer you to the most
important Act that has passed almost during my
parliamentary life, that is, the new Parochial
Assessment Act. This act will lead, as I hope,
to the completion of the efforts that have been
made for a vast number of 'year* to get a true
valuation of the parishes in the country. It
was my duty, in the year 1850, to preside over
a committee of the House of Lords, which took
the question into their serious consideration, and
we found n great failure in the Act 6 and 7
: William IV., Commonly called Mr. Poulet
IScrope's Act—not a failure in the law, but a
failure in the practice under the law, because
there was no interest but the interest of the
tithe owner to entbrce a rate to be made fully
and fairly in a pitrish, The tithe owner was
In thtilooithin, tci beion_ capiotasion mm161461'.
folnatlettel ihat " On OW

table." It was known what sum he had to re-
ceive, and upon that sum he was assessed, and
almost all the other property
was assessed upon
an estimate ; consequently the certainty of the
value in the one case was set against the un-
certainty of an estimate in the other.
Injustice was no doubt done the tithe
owners in many cases, but the only
remedy we saw possible to advise was a
remedy which should insure that all the other
property in the parish should, as far as possible,
be rated upon the same proportion as that to
which the tithe owner was subjected. The other
great evil we found was this, that, an assessment
being made and generally approved and
acquiesced in by the parish, it was liable to be
changed at the caprice of the new overseer.
Without giving a reason to anybody he might
change the figures of the assessment, and that
assessment became the assessment of the parish.
We know that most men have an indisposition
to appeal and quarrel among themselves on
matters of this kind; and it was highly desirable.
for the protection of those good-natured men
who let the world swim and took their chance,
that their rates should not be altered at the
caprice of the overseer, but should be arranged
by some competent authority. Now, as far as
possible, both these objects have been attempted
to be achieved by the present act. It is decided
that when once the valuation list is approved and
settled, that list is the assessment list for the
pariah, until altered by appeal to a court of
justice, or by the committee of the board of
guardians, who are authorised to look into the
matter, so that it is no longer open to parish
officers to make an alteration in a rate, without
that alteration being sanctioned by a competent
authority, and so far a great good has been done.
Now with regard to the tithe owner, he being
the man I have quoted, because of his cards
being open, for his protection the committee of
the board of guardians are to take all the steps
in their power to guide the overseer in what is
right, and the overseer failing to do right, they
have the power, on the motion of an individual
member of the committee; to set that rate right,
or it is open to appeal in case of need; and that
in case they are of opinion the over-
seer of the parish has not done his duty
in making a fair and full rate on the net annual
value of the property in the parish—they have
the power of going to the board of guardians,
and calling upon them to appoint a surveyor to
survey and value that parish. Parliament has
very properly reserved that power to the board
of guardians, because the whole board are quite
sure to be free from any prejudice which might
have warped the judgment of the smaller body,
who act under their direction. Now the great
object, I think, should be that the board of
guardians take care not to expect they are going
to arrive at perfection ; if they attempt too
flinch, they will be quite sure to fail ; if they
attempt too little, the law will be quite strong
enough to make them do more. Therefore we
may hope the first rates will be something like
an approximation to what is right; and then,
from time to time, as they see from experience
what the errors are, those errors may be carefully
corrected. Supposing this to be settled, that the
rates have in the first place been made fair
between the individuals in the parish, they must
then be made fair between the ratepayers of the
union, because upon these new rates the charge
to the common fund of the union will be
collected; and I must say, by-the-bye that one
of the motives in passing this measure has been
to get rid of the inequality in which the unidn
common fund was placed by being obliged to
be connected in the county rate assessment.
This valuation list will not only be the basis
for the common fund of the union, but we as
magistrates look to putting the county rate right
as soon as these union rates are established,
because we shall have no difficulty in getting the
assessments for the unions, and taking such steps
as we may deem advisable to ascertain that one
union shall bear its proper burden in propor-
tion to another. It may, perhaps, be useful
that I should just revert to two or three great
principles which may assist in the consideration
of this subject. It should be borne in mind that
the properties made expressly liable by the
statue of Elitabeth are lands, houses, tithes im-
propriate and propriations of tithes, which may
be regarded as the same, coal mines, and saleable
underwoods. Now by lands are understood and
included "profits derivable from the use or sale
of the body of the soil itself, from the growing
produce of the land, and from improvements of
the land." The word lands is in fact construed
to include "improvements of lands by roads,
bridges, docks, canals, and other works nod
erections not included under the term houses."
The word houses "in practice is apparently I
admitted to include all permanent erections for
the shelter of man, beast, or property." It may
be expedient as a general rule, and probably the
county may take this view, to rate farms with farm
houses and premises that are let therewith when
it happens the property is in one parish. Where
the building and part of a farm is in one parish,
and part of a farm without any building in
another pariah, the latter will be simply rated
as so much land, and of course will be of less
value than the land where there is a building
attached. But it must be borne in mind that in 1
assessing land, the exceptions are of this nature
—gardens, not being market gardens, which have
been rated with a house, land growing timber,
not being rateable underwood, which is the only
property of that nature which is assessable to the
poora' rates. Cottages in the greater part
of this county have not been riled at all but
they must now be assessed ; and I should recom-
mend vestries to recollect that there is an Act
13 and 14 Vic., chap. 96, by which they have
the power to charge the owners of the property
for the rates thereon, certain concessions being
made to them for the payment. But these are
matters entirely for the consideration of the
vestries ; though I must say that, for the carry-
ing out of this new law, it will be very con-
renient to tronsider the propriety of generally
adopting that act. It will be very convenient
also if we can understand among ourselves about
the value at which we propose to rate cottages.
In rural districts cottages let at from Is. to led.
a week. Now if it were understood that you
think either of these sums is the amount at
which cottages should be assessed it would facili-
tate the proceedings very much betiveen the
different parishes. I may also mention that all
houses are to be valued as unfurnished; railway
stations must be valued separately from railways;
mills, breweries, shops, all these must be valued
on the rent at which they are estimated to be
letable to a solvent tenant, carefully avoid-
ing stock-in-trade, because, as you know, that is
exempt. Kilns, furnaces, gameorks, water-
works, are to be rated as land improved by
these works. There is yet a questiou
whether steam machinery is to be rated
or not. Now so far as I am able to
collect from the best authorities, I believe a
steam engine, on a farm tor Instance, used for
the purpose of moving machinery, is not rateable
in itself, bet only inasmuch as it gives
an additional value to the rent of the
premises. The engine itself is not rate-
able, but suppose premises are rated at
£2O a year and afterwards steam power is
added, then it will be open for the overseer to
add an additional rate to those premises, in con-
sequence of this additional value, because by
steam power, the occupier is spared the expense
of keeping horses for such purposes as it is used.
On the question of rating tithe-rent charges, I
may, perhaps, be allowed to say one word. It
appears under the Act 6 and 7 William IV.,the
column called the gross estimated rental is the
yearly rent charge which the tithe owner has
a right to receive; but under the new act the
first column is the actual rent charge, from
which has been deducted tenant's rates and
taxes, and if he be chargeable under schedule B
of the property tax, he is also entitled to have
that deduction made. The second column upon
which he is to be rated, permits a further deduc
tion of the expenses of collection, repairs o
chancel, and if he is obliged to pay the salary o
a curate in aid of his services, not in substitution
then he is likewise entitled to have that deduct,
therefrom; but he is not entitled to soy deduction
for any Queen Ann's Bounty payment he is liable
to make. He is entitled for his glebe to the same
deduction as any other land occupier, and he is
entitled for his house to deductions in the same way
as any other occupier. Having started with
the tithe owner, whose case is befere the vestry,
as a known quantity, and having taken the
saleable undera ood, which is also of known
1 quantities and known value, because the wood is
11 sold by the acre after the growth of a known
period, at a price which enables the overseers
to fix the annual value, the overseers has
I to proceed to estimate the rest ; and we must
rely upon his endeavouriug to make the other cases
adjust as nearly as possible to these two parts which
are known ; then the basis goes before the board of
guardians, and if they are satisfied it becomes the
assessment of the parish. I need not touch upon
the question of mines valuation list, because the
distinction between a mine and a quarry is
well understood; but I wish to say one word
more upon the estimated value, because It may be
useful to you. The overseer rtiust begin by findieg
the,pterelom In. hisipartah inusi be lousily. in
the palisii—thq must big visiii4 in Ski jutillll-1114

must afford a profit, an income in the parish. When
he proceed to form his estimate, the basis is tha
rent which a solvent tenant would give for the pre-
mises year by year—not upon lease, but year by
year; and having found that sum, he must proceed to
deduct the usual tenants' rates, taxes, and tithes
to form the first column, and then for the second
column the cost of repairs and insurance to maintain
the property in a fit state to demand the rental,
must be deducted. Now, for instance, in
this county for one parish the admitted
value is 30s. an acre, and in the next pariah
adjoining also the admitted value is 30a. an acre ;
but in one parish the usual tenants' rates, taxes, and
tithes' reduce the 30s. by 7s. ,so that the first column
then becomes 2.15. ; repairs and insurance to com-
mand the 30s. we will call 30., so that the second
column then becomes 20s. as the assessment for the
land in that parish. In the adjoining parish, start-
ing equally with 30a., it perhaps happening to be
without any cottages or only chargeable to the com-
mon fund of the union, the rates, tithes, and taxes
may only reduce the 30e. by 2c, so that the first
column becomes 28s. instead of 235., as in the other
parish ; then the land requires perhaps the same
amount for repairs aud insurance,so that, deducting
the second column becomee2sB. instead of 20s. Now,
if these too° parishes were each rated at 205., an injus-
tice would he done, because, as I have shown you, the
one ought to be rated at 205., and the other at 255.
Love not atrengt r now to elucidate this
subject at greater length. If the overseers
will take these first principles into their
consideration and act steadily upon them, they
will be able to do their duty honestly and justly, to
their own parishes first, the neighbouring parishes
next, tbe other unions next, and ultimately the
whole county, seeing that the county rate will be
based upon their valuations.