the-ordinances-of-the-legislative-counci-1890v4 — Page 134

ORDINANCE No. 21 OF 1885 . 1951


Municipal Rates.


27. Any person aggrieved by refusal on the part of the Treasurer to refund rates Court may
entertain
may apply to the Supreme Court in its summary jurisdiction , and the Court may petition exceed
ing $ 1,000 .
adjudicate upon a petition for a refund of rates, although the claim exceeds one
thousand dollars : and for the purpose of such adjudication may receive any evidence
it thinks fit.

28. The petitioner shall not recover if the notice required by section 26 of this Want of notice.

Ordinance has not been given, the burden of proof whereof shall rest upon him.

29. The Governor may, if he thinks fit, for any cause whatever, order the refund Governor may
order refund.
of the whole or any portion of any rates paid by any person.


Miscellaneous.


30. Any notice required by this Ordinance to be served upon the occupier or Service ofnotices.
owner of any tenement may be served by leaving it at such tenement if occupied , or if
not occupied, at the abode or place of business of such owner.

31. No misnomer or inaccurate description of any person, place, or tenement, in Misnomers, &c.,
not to affect the
execution of this
any document required for the purposes of this Ordinance, nor any mistake, informality, Ordinance.
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 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 complied with.

32. The Governor in Council may, from time to time, make, alter, and repeal Regulations.
regulations for the better and more effectual carrying out of the provisions of this
Ordinance. All such regulations shall be published in the Gazette, and when so
published shall have the force of law.

33. This Ordinance shall take effect upon a day to be hereafter proclaimed by Commencement.
the Governor.

34. Ordinance No. 12 of 1875 is hereby repealed, but this repeal shall not revive Repeal.
any enactment repealed by the said Ordinance, and shall not affect the validity of any
rate made before the commencement of this Ordinance , or the liability of any person to
pay such rate, or the remedies for recovering such rate, and the said remedies may be
enforced as if this Ordinance had not been passed .

35. No Judge shall be incapable of acting in his judicial office in any proceeding, Judges may act
in certain cases
whether commenced before or after the passing of this Ordinance, by reason of his relating to rates.

being, as one of several rate- payers, or as one of any other class of persons, liable in
common with the others to contribute to or to be benefitted by any rate which may be
increased, diminished, or in any way affected by such proceeding.