1394
Hearing of appeal.
Assessment of Rates.
Payment.
Rates to be an occupier's tax. [11 of 1867 s. 5.]
Application of rates.
Recovery of rates.
[11 of 1867 s. 4.] See Ordinance 13 of 1875.
Refund of rates for uninhabited tenement. [11 of 1867 s. 5.]
Mode of obtaining refund. (11 of 1867 s. 5.)
ORDINANCE No. 12 of 1875.
Rating.
25. The court, upon proof of due notice having been given, shall hear and determine the matter of the appeal in a summary way, and shall make such order therein as it thinks proper, with or without costs to either party.
The determination of the Court shall be final and conclusive.
A copy of the order made by the Court shall be forwarded to the Colonial Secretary.
26. After the time for appealing has expired, the Governor in Council shall assess the tenement in the sum proper to be levied thereon in the current year for the purposes of the aforesaid rates according to the scale herebefore prescribed.
27. The rates so assessed shall be first paid on the next day appointed for the payment of rates, and shall thereafter continue to be payable as if they were included in the general list.
Payment—Refund.
28. The owners and occupiers of all tenements shall be liable to the Crown for payment of the rates assessed thereon, but the same shall be deemed an occupier's tax; and, as between the owner and occupier of any tenement, shall, in the absence of any agreement to the contrary, be borne by the occupier; and the amount thereof, if paid by the owner, may be recovered by him from the occupier in an action for money paid to his use, or, if he is still in occupation of the tenement, by distress in the same manner as for rent at common law.
29. The rates paid into the Colonial Treasury shall be applied in payment of the Police establishment and of the expenses connected therewith;
In payment of the expenses connected with lighting the City of Victoria;
In maintaining the water works and in payment of the expenses connected therewith;
And in maintaining the fire brigade, and in payment of the expenses connected therewith.
30. If any person fail to pay any rates for which he is liable, upon the day notified in the Gazette as the day for payment, the Colonial Treasurer may recover the same by suit in the summary jurisdiction of the Supreme Court, together with interest at the rate of twelve per centum per annum until the day of payment.
31. Whenever any tenement is unoccupied during any quarter or other period in respect of which the rates upon such tenements were paid in advance, or during any one or more entire months of such period, or an amount proportioned to the months when the tenement was unoccupied.
32. Such refund may be obtained in the following manner:
(a.) The person claiming the refund, or some person on his behalf, shall, within fifteen days after such quarter or other period expires, file in the summary jurisdiction of the Supreme Court a petition in the form D in the schedule hereto, verified by the affidavit or declaration of the petitioner,
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Page 6
1394
Hearing of appeal.
Assessment of Tatos.
Payident.
Rates to be an occupier's tax. [11 of 1807 s. 5.]
Application
of rutes,
Recovery of
rates.
[11 of 1867 s. 4.]
See Ordinance 13
of 1875.
Refund of rates for uninhabited tenement.
[11 of 1867 s. 5.)
Mode of obtain- ing refund.
(11 of 1867 s. 5.1
ORDINANCE No. 12 or 1875.
Rating.
25. The court, upon proof of due notice having been given, shall hear and determine the matter of the appeal in a summary way, and shall make such order therein as it thinks proper, with or without costs to either party.
The determination of the Court shall be final and conclusive.
A copy of the order made by the Court shall be forwarded to the Colonial Secretary.
26. After the time for appealing has expired, the Governor in Council shall assess the tenement in the sum proper to be levied thereon in the current year for the purposes of the aforesaid rates according to the scale hereiubefore prescribed.
27. The rates so assessed shall be first paid on the next day appointed for the payment of rates, and shall thereafter continue to be payable as if they were included in the general list.
Payment--Befund.
28. The owners and occupiers of all tenements shall be liable to the Crown for payment of the rates assessed thereon, but the same shall be deemed an occupier's tax; and, as between the owner aud occupier of any tenement, shall, in the absence of any agreement to the contrary, be borne by the occupier; and the amount thereof, if paid by the owner, may be recovered by him from the occupier in an action for money paid to his use, or, if he is still in occupation of the tenement, by distress in the same manner as for rent at common law.
29. The rates paid into the Colonial Treasury shall be applied in payment of the Police establishment and of the expenses connected therewith;
In payment of the expenses connected with lighting the City of Victoria;
In maintaining the water works and in payment of the expenses connected there- with;
And in maintaining the fire brigade, and in payment of the expenses connected therewith.
30. If any person fail to pay any rates for which he is liable, upon the day notified in the Gazette as the day for payment, the Colonial Treasurer may recover the same by suit in the summary jurisdiction of the Supreme Court, together with interest at the rate of twelve per centum per annum until the day of payment.
31. Whenever any tenement is unoccupied during any quarter or other period in respect of which the rates upon such tenements were paid in advance, or during any one or more entire months of such period, or an amount proportioned to the months when the tenement was unoccupied.
32. Such refund may be obtained in the following manner:
(a.) The person claiming the refund, or some person on his behalf, shall, within fifteen days after such quarter or other period expires, file in the summary jurisdiction of the Supreme Court a petition in the form D in the schedule hereto, verified by the affidavit or declaration of the petitioner,
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