ORDINANCE No. 5 OF 1863 . 553.
Police and Lighting Rates.
14. The assessments hereinbefore authorized to be imposed shall be levied upon the Occupiers to pay
Police and light
occupiers of tenements, but deduction shall be allowed for any period during which any ing assessments.
tenement shall not be let or occupied for three months or upwards in any year, and
owners who shall let for rent or hire tenements for less than a year shall themselves as
well as the occupiers be responsible for the said assessment applicable to any period
less than a year, and the same may be recovered from such owner or from such occu
pier as may be deemed expedient : Provided always that nothing herein contained
shall prevent the said assessment from being charged and chargeable on and recover
able from the owners of the tenements in respect of which such assessment shall have 1
been made. [ Repealed by Ordinance No. 11 of 1867. ]
15. Provided also that nothing herein contained shall be taken to affect any con Agreements be "
tween landlord 1
and tenant not to
tract made or to be made between any owner and occupier of any tenement in respect be affected.
of which it is or may be agreed that the occupier shall pay and discharge all rates,
dues, and sums of money payable in respect of such tenement or to affect any contract
whatsoever between landlord and tenant. [ Repealed by Ordinance No. 11 of 1867.]
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16. If any person assessed under this Ordinance or by this Ordinance rendered Recovery of
rates. 1
liable to the payment of any assessment shall refuse or neglect to pay the assessment 1.
hereinbefore authorized to be levied or any part thereof within twenty-one days after
such assessment is declared payable by public notice given in that behalf in the Gov 4
ernment Gazette, it shall be lawful for the Colonial Treasurer or for some person ap .
pointed by him for that purpose to make application to the Court of Summary Juris
diction upon an affidavit setting forth that the said person has failed to pay such
assessment or some part thereof notwithstanding a printed notice of the time and place
at which the same has become payable has been delivered to, or left for him at the
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tenement in respect of which such assessment is made, and the said Court shall there
upon grant a summary warrant for the recovery of the said assessment or the part
thereof remaining unpaid with the legal interest thereon from the time when the
same shall have been declared payable together with the costs in each case incident by
law to the recovery thereof. [ Repealed by Ordinance No. 11 of 1867. ]
17. This Ordinance, Ordinance No. 12 of 1860, aud Ordinance No. 9 of 1862, shall Ordinances to be
construed to
gether.
be construed together and for all requisite purposes be deemed and taken as one Or
dinance ; and the ways and means for carrying the said last mentioned two Ordinances
into effect shall be provided as prescribed by this Ordinance.
Police rate on
18. Notwithstanding anything in this Ordinance contained it shall be lawful for
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outlying districts.
the Governor with the advice of the Executive Council to order and direct that the
owner or occupier of any tenement situated in any part of this Colony other than and
except such part thereof as is ordinarily known and recognized as the City of Victoria
shall be assessed in respect of such tenement at a certain fixed and specified amount,
such amount in no case to exceed the sum at which such owner or occupier would have
been liable under the provisions hereinbefore contained , and in the event of the said
amount not being paid when duly demanded the same shall be recoverable in like man