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POLICE AND LIGHTING RATES ORDINANCE.
the advice of the said Council may appoint, and at the meeting imposing the same the Governor with the advice aforesaid shall appoint the Days on which such Rates or Assessments shall be payable.
XIV. The Assessments hereinbefore authorized to be imposed Occupiers to pay Police shall be levied upon the Occupiers of Tenements, but deduction shall and Lighting Rates. be allowed for any period during which any 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 Assess- ments applicable to any period less than a Year, and the same may be recovered from such Owner or from such Occupier as may be deemed expedient: Provided always that nothing herein contained shall prevent the said Assessment from being charged and chargeable on and recoverable from the Owners of the Tenements in respect of which such Assessment shall have been made.
Agreements between Landlord and Tenant not to be affected.
XV. Provided also that nothing herein contained shall be taken to affect any Contract made or to be made between any Owner and Occupier of any Tenement in respect 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.
XVI. If any Person assessed under this Ordinance rendered | Recovery of Rates. liable to the payment of any Assessment shall refuse or neglect to pay the Assessment herein- before 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 Government Gazette, it shall be lawful for the Colonial Treasurer or for some Person appointed by him for that purpose to make application to the Court of Summary Jurisdiction 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 Tenement in respect of which such Assessment is made, and the said Court shall thereupon 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.
Ordinances to be con- strued together.
XVII. This Ordinance, Ordinance No. 12 of 1860, and Ordinance No. 9 of 1862, shall be construed together and for all requisite pur- poses be deemed and taken as one Ordinance; and the ways and means for carrying the said lastmentioned two Ordinances into effect shall be provided as prescribed by this Ordinance.
XVIII. Notwithstanding anything in this Ordinance contained
Police Rate on out-
it shall be lawful for the Governor with the Advice of the Executive lying Districts. 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 re- cognized 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 manner as hereinbefore provided in respect of rates in arrear: Provided always that no such owner or occupier shall be assessed for the Lighting Assessment.
Misnomers, &c., not
XIX. No misnomer or inaccurate Description of any Person, Place or Tenement in any Document required for the purposes of this to affect the Execution
of this Ordinance. Ordinance, nor any mistake, informality or omission committed in any proceeding had hereunder shall invalidate or prejudice such Document or Proceeding or in anywise affect the execution of this Ordinance, provided only that such Person, Place or Tenement be designated in such Document or Proceeding to common intent and understanding, and that such mistake, informality or omission be not of such a nature as to prevent the requirements of this Ordinance from being substantially and in effect complied with.