the-ordinances-of-the-legislative-counci-1890v3 — Page 111

1394 ORDINANCE No. 12 of 1875 .


Rating.

Hearing of 25. The court, upon proof of due notice having been given, shall hear and
appeal.
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.
Assessment of 26. After the time for appealing has expired, the Governor in Council shall assess
rates.
the tenement in the sum proper be levied thereon in the current year for the purposes
of the aforesaid rates according to the scale hereinbefore prescribed .
Payment. 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.

Rates to be an 23. The owners and occupiers of all tenements shall be liable to the Crown for
occupier's tax.
[11 of 1857 s. 3.] 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.

• Application 29. The rates paid into the Colonial Treasury shall be applied in payment of the
of rates.
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.

Recovery of 30. If any person fail to pay any rates for which he is liable, upon the day notified
rates.
[11 of 1867 s. 4.] in the Gazette as the day for payment, the Colonial Treasurer may recover the same
See Ordinance 13
of 1875.
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.
Refund of rates 31. Whenever any tenement is unoccupied during any quarter or other period in
for uninhabited
tenement.
[11 of 1867 8. 5.] 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 .
Mode of obtain 32. Such refund may be obtained in the following manner :
ing refund.
[11 of 1867 s. 5.1
(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.