ORDINANCE No. 5 OF 1863.
Police and Lighting Rates.
14. The assessments herein before authorized to be imposed shall be levied upon the occupiers of tenements, but deduction shall 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 assessment 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. [Repealed by Ordinance No. 11 of 1867.]
15. 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. [Repealed by Ordinance No. 11 of 1867.]
16. If any person assessed under this Ordinance or by this Ordinance rendered liable to the payment of any assessment shall refuse or neglect to pay the assessment 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 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. [Repealed by Ordinance No. 11 of 1867.]
17. This Ordinance, Ordinance No. 12 of 1860, and Ordinance No. 9 of 1862, be construed together and for all requisite purposes be deemed and taken as one Ordinance; and the ways and means for carrying the said last mentioned two Ordinances into effect shall be provided as prescribed by this Ordinance.
18. Notwithstanding anything in this Ordinance contained it shall be lawful for 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 herein before contained, and in the event of the said amount not being paid when duly demanded the same shall be recoverable in like manner.
553
Occupiers to pay Police and lighting assessments.
Agreements between landlord and tenant not to be affected:
Recovery of rates.
Ordinances to be construed together.
Police rate on outlying districts.
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Page 6
ORDINANCE No. 5 OF 1863.
Police and Lighting Rates.
14. The assessments herein before authorized to be imposed shall be levied upon the occupiers of tenements, but deduction shall 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 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 been made. [Repealed by Ordinance No. 11 of 1867.]
15. Provided also that nothing herein contained shall be taken to affect any con- tract 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. [Repealed by Ordinance No. 11 of 1867.]
.16. If any person assessed under this Ordinance or by this Ordinance rendered liable to the payment of any assessment shall refuse or neglect to pay the assessment 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- 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 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.]
shall 17. This Ordinance, Ordinance No. 12 of 1860, and Ordinance No. 9 of 1862, 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.
18. Notwithstanding anything in this Ordinance contained it shall be lawful for 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 herein before contained, and in the event of the said amount not being paid when duly demanded the same shall be recoverable in like man-
553
Occupiers to pay Police and light- ing assessments.
Agreements be- tween landlord and tenant not to be affected:
Recovery of
rates.
Ordinances to be construed to- gether.
Police rate on outlying districts.
Page 5Page 6
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