Sydney City and Lighting Rates Act 1851 No 2a (NSW)

No. XLVL

An Act to enable the Council of tlic City of oty and

, L U iU T IN G KATErt.

Sydney to assess collect and levj^ certain City	—
and Lii^litin^ Rates for tlie year one thousand eight hundred and fifty-one. [2iid 1851.]

TTTIIEEEAS by a certain Act of the Governor and Legislative preamUc.

Conncil of the Colony of New South Wales made and passed

in the fourteenth year of the reign of Her present Majesty Queen Victoria

intituled “ yin Act to provide fo r the regulation o f the Corporation ofw vie. No. 4i.

the City of Sydney ” it Avas amongst other things enacted that it should

he laAvful for the Council of the said City and they Avere thereby

authorized and required from time to time to order and direct such valuer

or Amluers as they might appoint to make and enter in hooks to he pro­

vided for the purpose (a separate hook being kcjpt for each Ward in

f Y

4 u— VOL. 3. the

2360 No. 46. 14" VIO. 1851,

Sydney City and Lighting Rates.

the form or to the effect of the Schedule to the said Act annexed marked K and such books to he called the Ward Assessment Books) an assessment of every building tenement or other property within the limits of the said City according to its full fair and average value clear of all outgoings and that such Ward Assessment Books when com­ pleted by such valuers respectively should he by them delivered to the Town Clerk who should as soon as conveniently might he thereafter cause a notice in the form prescribed by the said Act to he served on or left at the premises of every proprietor or occupier (as the case might he) of the building tenement or other property assessed And whereas it is further enacted by the said Act that it should he lawful for the said Council of the said City and they are thereby authorized and required on or before the thirty-first day of December in every year to estimate as correctly as may he what amount in addition to the various sums at the credit of the said Council in the City Bund would be sufficient for the payment of the expenses to he incurred in carrying into effect the provisions of the said Act for the year immediately succeeding the year in which such estimate should he made and in order to raise the amount so estimated the said Council of the said City are by the said Act authorizcid and required on the assessment so to be made as is set forth in the said Act to cause such City and Lighting Kates to be raised as the said Council might see proper such City Kate not to exceed one shilling and sixpence in the pound and such Lighting Kates not to exceed sixpence in the pound in any year and such City and Lighting Kates to he fixed and ordered by the said Council on or before the thirty-first day of January in every year to he paid into the office of the City Treasurer in two equal proportions the first moiety thereof to he so paid on or before the thirty-first day of March and the second moiety thereof on or before the thirtieth day of September in every year And whereas the said Council of the said City did in the month of December last estimate as correctly as might be what amount in addition to the various sums at the credit of the Corporation in the City Bund would be sufficient for the payment of the expenses to be incurred in carrying into effect the provisions of the said Act for this present year and did also on the thirty-first day of the said month of December last fix and order certain City and Lighting Kates to be levied in accordance with the provi­ sions of the said Act but sufficient time has not been afforded the said Council to cause a new assessment or valuation of the City property as yet to be made in the manner and form by such Act prescribed by reason whereof no such City or Lighting Kate can be raised during the said present year and it is therefore necessary that such provisions as are herein contained should be made to postpone tlie period for making and ordering and to authorize the raising and levying of such City

Council may levy and Lighting Kates for the present year Be it therefore enacted by

City Rate notHis Excellency the Governor of New South Wales with the advice

sMiUnĝ andskpenco and coiisent of the Legislative Council thereof That in order to raise Lighting™atê not umount of expenses incurred or to be incurred in carrying into exLeding sixpence effect the provisions of the said recited Act or this Act during the in the pound. present year it shall he lawful for the said Council and they are hereby

authorized and required on the assessment or valuation of the City property still to be made in accordance with the provisions of the said recited Act to cause such City and Lighting Kates to be raised as the said Council may think necessary such City Kate not to exceed one shilling and sixpence in the pound and such Lighting Kate not to exceed sixpence in the pound and such City and Lighting Kates shall on or before the thirty-first day of October next be fixed and ordered by the said Council to be paid into the office of the City Treasurer on or before the thirty-first day of December in this present year.

1851. • 14'’ VIC. No. 46. 2361

Sydney City and lAghtiny Mates.

2. And be it enacted That the assessments to be made under AsRcssmciits city and by virtue of the provisions liercof and the City and Lighting ul'idcî thc Hates wliieh shall h(i ordered by the said Council to he raised under inovisiona of tins the provisions hereof shall in all respects he as valid binding mid if conclusive and shall and may he raised and levied in the same rnannen-uiuier the as the same would or might or could have been if the same respectively no.Ti'.°"̂

'*

had been made caused or ordered to he raised ivithin the period prescribed by and under or by virtue of the provisions of the herein­ before mentioned Act and that all the provisions of the said hereinbefore mentioned Act in reference to such assessments and valuations and tlu! estimate of the amount for the payment of the expenses to ht' incurred in carrying into cifcct the provisions of the hereinbefore' nnmtionexl Act during the present year and the causing such City and Lighting Hates to be raised in orde'v to raise the amount so estimated which would or might have applied and been in force; in refereiu'e' thereto in case the said Council of the said City hael ele)ne and causeel to be done all the'matte;rs and lliings which in anel by tlie hcre'in- bc'fore mentioneel Act were authorizeel required or directed to bo done' in reference thereto during the said year of our Lorel one thousanel eight hundred and fifty or this year shall be in force in reference; lee anel shall apply io the several mailers and things hereby authorize-el required and directed to be done so far as the same can apply there'to in respect to all matters anel things concerning Avhich no special jirovision is hereby made.

3. And whereas by the said hereinbefore mentioned Act it is mirration of ionii of

enacted That the Avarrant or Avarrants of distress issued by virtue aneL''"'''''̂ " set out in the Scheduh; to the said Act annexed marked 1’ And Avheri'as it is desirable that the said form should be varied and altered He ii- therefore enacted That all and i;vcry Avarrant or Avarrants to be issiuid in pursuance of this Act or of the said hereinbefore mentioned Act shall be in the Avords or to the effect of the forms set out in the Schedules to this Act anne.\(;d marked res])('clively A and B.

in pursuance of the said Ae;t might be directed to any baililf or person

appointed by the Mayor of the said City in that behalf and that such

f. And be it further enacted That all proc(;edings had and taki'ii by virtue of all and every the distress warrants issucil in pursuance, <)f pureiianL* (Twar	i".
the said hereinbefori' mentioned Act shall be valid and ('Ifeetual and'	i'̂ sued.
that no action or suit information indictment jirosecution or othi'r proceeding whatsoever shall lx; commenci;(l or ])rosecuted against the Coiin(;il of the said City or against any ofllccr thereof or against any baililf appointed by virtue of the said Act or against any person or persons acting in pursuance of the said Avarrants for or on account of any act matter or thing done l>y virtue of or in pursuance of any such Avarrants.

SCHEDULE A.

Warrant o f Distress against Tenant actually rated and Occiqwnt.

To ;ind Ills Assistants.

W hereas the respective per.soiis whose iiaiiios appear in the Schi^dule hoi'cundor written have Schedule A.

been rated i)y tlie Council of the City of Sydney in respect of the properties also appearing

in the said Hehedule at the sums and for the purposes set down opposite to their respective

names And whereas the .^aid several sums wc'ie and still are due and payable on account

of such rates and default having been made in the payment thereof to the City Trea.surcr

although demand has hi rn made as is reipiived hv law

These

2362 No. 46. 14'̂ VIO. 1851.

Sydney City and lAghting Rates.

These arc therefore to authorize you forthwith to make distress of the goods and chattels in the first place upon those of the person or persons named in the said Schedule if he she or they be then resident in the said premises and have any goods and chattels there and in case of a change of possession then upon the goods and chattels of any person or persons who shall then be the occupier or occupiers thereof or upon the goods and chattels of the person or persons in possession of the said premises so appearing in the said Schedule at the time of the executing of this warrant and if within the space of throe days next after the making of cither of such distress or distresses respectively the said several sums of money set opposite to their respective names at which the person or persons was or were so rated as aforesaid and the said several sums for costs also set opposite to their respective names including your lawful charges for levy inventory sale commission and delivery of goods in each case shall not be paid that then you do sell the said goods and chattels of the person or persons so by you distrained and out of the money arising by such sales respectively you retain the sums so set opposite to the name of each party or parties whose goods you shall have so sold rendering to him or them the overplus the charges of taking keeping and selling the said distress being first deducted and that you certify to me on or before the day of what you shall have done by virtue of this warrant.

SCHEDULE.

Hates.

No.

in	Names of	Description	Situation	City.	Lighting. Arrears.	Costs.	Total.
Rate	Eatepayers.	of Property.	of Property.

Book. Half-year Half-year |City and

ending ending Lighting

Given under my hand at the Town Hall in the City of Sydney this

day of .A-D. 18 .

Mayor.

Schedule or Costs.

s. d.

For every warrant of distress . . . . .. . .. ................. 1 0

For every levy . . . . . . . . . . . . . .. . . . . .. 0 6

For man in possession each day or part of a day . .. . . . ... 3 0

For inventory sale commission and delivery of goods not exceeding

one shilling in the pound on the net proceeds of the sale.

SCHEDULE B.

Warrant o f Distress against Landlord or Proprietor.

To and his Assistants.

Schedule B.	W iiE R E A S the person or persons appearing in the Rate Books a.s
rated whose name [or names] appears in the Schedule hereunder written has been rated by the Council of the City of Sydney in respect of the property [or properties] also appearing in the said Schedule at tlie sums and for the purposes set down opposite to his name [or names] And whereas the said sum [or sums] is [or are] still due and payable on account of such rates and default having been made in payment thereof by the said
[the person so rated] to the City Treasurer and the said premises being vacant for a period less than six months and no sufficient distress being upon the said premises and the said rate [or rates] having been demanded from [the landlord or proprietor] and still remains unpaid These are to authorize you forthwith to make distress of the goods and chattels of the said the landlord [or proprietor] and if within the space of three days next after the making of such distress the said sum [or sums] together with the costs mentioned in the said Schedule respectively including the taking and keeping the said distress shall not be paid that then you do sell the goods and chattels of the said [landlord or proprietor] so by you distrained and out of the money arising by such sale you retain the said sum of £ (total amount of rates and warrant) together with your lawful charges for levy possession money inventory sale commission and delivery of goods rendering to him [or them] the overplus
and that you certify to me on or before the day of
what you shall have done by virtue of this warrant.

SCHEDULE.

1851. 14̂ VIC. No. 47. 2363

Victoria ^Electoral Act.

SCHEDULE.

R a t e s .

O be m

Names Description Situation .3

L - 2

-2 o f of o f Costs. T o t a i ,.

5  <

a	Eatcp.aycrs.	Property.	Property.	H a l f -	Half-	H a l f -
6	year	year	year

ending ending ending

Given under my hand at the Town Hall in the City of Sydney

this day of a .d . 18 .

J/oyor.

Schedule of Costs.

s. d.

For every warrant of distress ... . .. . .. ... ... ... 1 0

For every levy ... ... ... . .. . .. ... . .. ... 0 (>

For man in possession each day or part of a day . .. . . . ... 3 0 For inventory sale commission and delivery of goods not exceeding one

shilling in the pound on the not proceeds of the sale.