| Sou th W a l e s wi th t h e advice of t h e Legis la t ive Counci l thereof in t i tu led " An Act to declare the Town of Sydney to be a City and to incor- " porate the Inhabitants thereof'' and whereas it is expedient to m a k e m o r e effectual provision t h a n by t h e said Ac t is done for t h e collection of t he ra tes t he reby author ized to be assessed and levied Be i t therefore enacted by H i s Excel lency t h e Governor of New South Wales wi th t h e advice and consent of t he Legislat ive Counci l thereof T h a t if any per son shal l neglect or refuse to pay the a m o u n t of any ra te to which he may be l iable as t he occupier or owner of any bui ld ing t enement or | o the r |
No. XI.
An Act for the more easy and effectual recovery of Rates in the City of Sydney. [8th December, 1843.]
| WH E R E A S an A c t was passed in t he s ix th | year | of t he re ign | of |
| H e r presen t Majes ty | by H i s Excel lency t he Governor of N e w |
other p roper ty unde r t h e provis ions of t he said A c t for t he space of seven days after a personal demand thereof shall have been m a d e on h i m by t h e Collector duly appointed to receive t h e same or after a demand in wr i t ing signed by such Collector shal l have been left a t t h e bu i ld ing t e n e m e n t or other p rope r ty in respect of which such ra te shall have been m a d e or a t t he u sua l place of abode of t h e person so l iable as aforesaid t hen and in such case i t shal l be lawful for such Collector and such ass is tants able to read a n d wr i te as he m a y t ake wi th h i m on be ing
| au thor ized | by | w a r r a n t | u n d e r t h e h a n d of | t h e | M a y o r of t he said | City |
| a n d | u n d e r | t h e common seal of | t h e M a y o r A lde rmen Counci l lors | and |
| Citizens thereof | (which said w a r r a n t t h e said M a y o r is hereby | author ized |
a n d requ i red to g r a n t whenever t h e Counci l of t h e said City a t any m e e t i n g thereof shal l by a vote in t h a t behalf direct t h e same to issue) to en te r in to any p a r t of t he bu i ld ing t enemen t or o the r p roper ty i n respect of which such r a t e shall have been m a d e as aforesaid and to dis t r a i n t h e goods there in or the reon and to r ema in in such bu i ld ing tene m e n t or o the r p rope r ty in charge thereof a n d if t h e s u m for which such distress shal l have been so t a k e n shal l no t be pa id on or before t h e exp i ra t ion of t h r ee days toge ther w i t h t he costs of such distress i t shal l be tween the hou r s of twelve and one of t he clock a t noon on t h e n e x t day thereaf ter be lawful for such Collector t o cause t h e goods so dis t r a ined on or a sufficient p a r t thereof to be sold by publ ic auc t ion c i ther on t he premises or a t such o ther place in t h e City of Sydney as
| such Collector m a y t h i n k | proper to remove t h e m to for | such purpose |
a n d t h e su rp lus (if any) t h a t m a y r e m a i n after deduc t ing t h e a m o u n t of t h e s u m dis t ra ined for w i th costs as aforesaid to pay over on demand to t h e owner of t h e goods so sold Prov ided always t h a t i n n o case shall t h e costs of m a k i n g such distress exceed the costs specified in t h e Schedule to th i s A c t annexed m a r k e d A a n d t h a t where t h e bu i ld ing t enemen t or other p roper ty shal l have been in fact u n t e n a n t e d or occupied by servants solely for t h e care of t he same for t he whole of t h e period in respect of which t h e r a t e is demanded such owner shall be wholly exempt .
| 2. A n d be i t enacted | T h a t except as here in provided t h e person |
| pr imari ly | l iable to t h e p a y m e n t | of | ra tes u n d e r t h e said reci ted A c t | in |
respect of any house or o ther p rope r ty assessed shall be t h e occupier thereof or person in possession a t t he t ime w h e n such ra tes shal l be demanded or (in case of a change in such possession in t h e m e a n t ime) the person occupying t h e premises w h e n t h e w a r r a n t of distress shal l
| be executed a n d in case t h e premises shal l be vacan t for a per iod | less |
| t h a n six m o n t h s and the re shal l no t be sufficient distress found | the re in |
t h e n t h e p ropr ie to r or l andlord shall be l iable Provided t h a t in al l cases where any t e n a n t shal l be called on to pay a n d shal l accordingly pay e i ther a g rea te r a m o u n t of assessment t h a n he shal l in fact owe for
| r e n t or a n a m o u n t of assessment ex t end ing over any period of t ime | d u r i n g |
| which he shall no t have been in possession as t e n a n t h e shal l be | en t i t l ed |
| e i ther t o deduct t h e a m o u n t of excess so pa id from t h e acc ru ing of | fu tu re |
| r e n t or t o recover t h e same (after demand) by an act ion as for | money |
| paid in an ord inary case in any Cour t of competen t | jur isdic t ion. |
| 3 . A n d be it enacted | Tha t every w a r r a n t of distress for levying |
any r a t e made or to be made by v i r tue of t he said reci ted A c t shall be in t h e words or to t h e effect of t h e form set ou t in t h e Schedule to th i s
| Act | annexed m a r k e d | B . |
| 4. A n d be i t enacted | T h a t t h e Town Clerk of t he said City shal l |
cause to be m a d e for each ward two books con ta in ing a full and t r u e account of each p roper ty assessed the n a m e of the person ra ted and the a m o u n t of each r a t e for which he m a y be so ra ted as well as t h e n a m e of t h e Collector appoin ted to collect t he same which books shall be respectively signed by such Town Clerk a n d shall be k n o w n as t h e
r a t e
ra te books of t h e said City and one of such books shal l within one
calendar month after t h e passing of th i s A c t be filed by t h e said Town
Clerk in t h e office of t he Treasure r of t he said City a n d shal l be altered
or a new one filed instead thereof within one calendar month after t h e
t i m e t h a t any alteration in t h e assessment or rating shall r ender the
same necessary a n d every citizen of t h e said City shall have access
thereto a t a l l convenient times a n d be permitted to inspect t he same without fee or reward and if t he said Town Clerk shall neglect to tile
such books or a l ter t he same w h e n necessary wi th in t he t i m e aforesaid or if t h e said Treasurer shall refuse to allow any such citizen to inspect t h e same as aforesaid t h e n and in every such case such Town Clerk or Treasurer as t h e case m a y be shal l forfeit a n d pay for every such
offence on conviction t h e sum of five pounds to be recovered a n d
applied as is hereinafter directed.
5. A n d be i t enacted Tha t if i t shall a t any t ime appear to the
Counci l of t he said City t h a t t h e n a m e of any person who ought to be
included in such books as aforesaid h a t h been omit ted therefrom or t h a t the n a m e of any person h a t h been inserted therein as t h e owner
or occupier of any building t enemen t or other property in respect of
which some other person ough t to have been r a t ed or t h a t any other
alteration or amendment may be necessary in such books t h e n and in
every such case i t shall be lawful for t h e said Council to cause to be
added or inserted therein the n a m e of t h e person so omi t ted together
wi th t h e s u m for which he ough t to be assessed and t h e a m o u n t of
r a t e payable in respect thereof a n d also to cause to be inserted and substituted t h e n a m e of such person as m a y be t h e occupier or owner of a n y building t enemen t or other property instead of and for the n a m e of t h e person incorrectly inserted in such books and also to alter t h e amount of the s u m at which any house shall be assessed or other
wise from t i m e to t i m e to alter and amend t h e said books as t h e said Counci l m a y deem j u s t and reasonable a n d t h a t every such addition
insertion alteration or amendment t o or in such books shal l be valid and effectual in law to all intents and purposes and the money charged
to any person in consequence thereof shall and m a y be demanded received and recovered in t h e same manner as if t h e n a m e of such person or o ther alteration or amendment had been inser ted or made
in such books when t h e same were originally made .
6. A n d be i t enacted Tha t t h e r a t e books so filed with the
Treasure r as aforesaid and all entries duly m a d e therein shal l be
received in all Cour t s in the said Colony as evidence of t he facts
7. A n d be it enacted T h a t i t shal l be lawful for t h e said Council
from t ime t o t ime upon t h e complaint of any person liable to t he
payment of any r a t e under the said A c t t o remit or excuse t he pay
ment thereof or a n y p a r t thereof on account of t he poverty of the
person rated.
| 8. A n d bo i t enacted | T h a t t h e Counci l of t he said City shal l |
between t h e first and the thirty-first day of December in every year
order and appoint such number of Collectors as they shall judge
necessary and proper for each of t he several wards of t h e said City
for one whole year commencing from the first day of J a n u a r y nex t
ensuing t h e said order and shal l direct w h a t wages and allowances
shal l be given to t h e m for their services.
9. A n d be i t enacted Tha t the Council of t he said City shall in every year within fourteen days after t he number of Collectors of
Rates shal l have been appointed as aforesaid m a k e such orders a n d
regulations concerning t h e Collectors as t h e nature of t h e service shal l appear to t h e m to require and such further orders and regulations for
the be t te r gove rnmen t and direction of t he said Collectors as t he said
Council
Council shall t h i n k p roper and shal l also fix t h e a m o u n t of securi t ies to he found by such Collectors for t h e due execut ion and performance
| of t h e dut ies of the i r | office. |
| 10. A n d be i t enac ted T h a t t h e Collectors of | t h e several wards |
in t h e said Ci ty shal l respectively as t h e said Council shal l from t ime to time direct and appoin t collect t h e said ra tes half-yearly a t the com mencement of each half year such half year to commence on the first l a y of J a n u a r y and t h e first day of J u l y in each year and shal l severally e n t e r in some book to he b y t h e m respectively kep t for t h a t purpose the several sums which t h e y shal l from t i m e to t ime receive on account of t h e said r a t e and l ikewise t h e n a m e s of t he persons from w h o m and the pa r t i cu la r t imes when t h e y received the same which book they shall a t all t imes produce upon demand a n d shew to t h e Town Clerk or Treasurer of t h e said City a n d t hey shal l p a y t h e money by them respectively received on account of t h e said r a t e in to t h e hands of t he Treasure r of t h e said Ci ty as t hey shal l receive t he same and in such m a n n e r as t h a t no such Collector shall ever have a s u m exceed
| ing twen ty pounds so collected a t one t i m e | in | his h a n d for t h e space |
of t h r ee days a n d if any such Collector shal l neglect t o m a k e such entr ies or shall refuse to p roduce a n d shew to t h e Town Clerk or Treasurer of t h e said City t h e book hereby directed to be kep t for t he purposes aforesaid or shal l keep or r e t a in in his h a n d s more t h a n the said s u m of twen ty pounds longer t h a n t h r e e days in every such case t h e person so offending shall forfeit t h e sum of five pounds for such offence to be recovered a n d appl ied as hereinaf ter men t ioned and every such Collector shal l give a bond to t h e Corpora t ion of t h e said City in such pena l ty and w i t h such sure ty or suret ies as t h e Counci l thereof shal l t h i n k proper for paymen t of t h e monies to be received b y h i m and for t he due performance of t h e dut ies of h is office.
| 1 1 . A n d be i t enacted T h a t every pena l ty or | forfeiture | hereby |
imposed shal l and m a y be sued for a n d recovered b y any person by informat ion before any J u s t i c e a n d i t shall and m a y be lawful for such Jus t i ce to s u m m o n t h e p a r t y informed aga ins t before h i m or any o the r Ju s t i ce and on such s u m m o n s it shall be lawful for any Jus t i ce to hear and de te rmine t h e m a t t e r of such compla in t and on proof of t h e offence to convict t h e offender and to adjudge h i m to pay t h e pena l ty or for fei ture incu r red wi th costs a n d to proceed to recover t h e same b y dis t ress a n d sale of t h e offender's goods a n d chat te l s a n d in default of
| t he re be ing sufficient | goods a n d cha t te l s to satisfy | t h e distress i t shal l |
| be lawful for t he convic t ing J u s t i c e to commit t he offender to t h e | com |
| m o n gaol for any t e r m n o t exceeding t h r ee calendar | mon ths . |
| 12. A n d be i t enacted Tha t i t shal l be lawful for any person who shal l t h i n k himself aggr ieved b y any r a t e or assessment | m a d e | in |
p u r s u a n c e of th i s A c t and also for any person who shal l be convicted before any Jus t i ce of t h e Peace of any offence agains t th i s A c t to appeal to t h e Cour t of Q u a r t e r Sessions to be holden in t h e said City n e x t after such cause of compla in t shal l arise unless t h e same shal l arise w i th in four teen days preceding such Sessions in which case such appeal m a y be b r o u g h t a t t h e second Sessions after such cause shall arise and t h e said Jus t i ces are hereby author ized and requ i red to t a k e cognizance thereof a n d to hear a n d de te rmine such compla in t and shal l and m a y if t h e y see cause amend the said r a t e or vaca te or set aside t h e convic t ion a n d set t h e par t ies a t l iberty or otherwise m a y ratify or confirm the same respect ively wi th such costs as to t h e m in the i r discret ion shall seem reasonable a n d shal l and m a y levy by the i r order or war r a n t such costs so awarded by distress and sale of the goods and cha t te l s of t he person who shal l refuse to pay the same a n d for w a n t of sufficient distress shal l and m a y commit such person to t h e common gaol of t h e said City for any t ime no t exceeding three calendar m o n t h s
or
| or u n t i l | p a y m e n t | of such | costs | b u t | such | p a r t y m a y be l iberated | on |
en te r ing in to such recognizance as any such Jus t i ce shal l direct Provided always t h a t t h e person so appeal ing as aforesaid shall give not ice in wr i t i ng to t h e convict ing Jus t i ce of such his in ten t ion of b r ing ing or p rosecu t ing such appeal (and in case of t he appeal be ing agains t a r a t e or assessment t h e said not ice shall be given to t h e Town Clerk of t h e said City) four teen days from t h e said Genera l or Qua r t e r Sessions a n d shal l before such not ice given enter in to a recognizance before some Jus t i ce of the Peace in t he s u m of fifty pounds wi th two sufficient suret ies in t he sum of twenty-five pounds each wi th condit ion to prosecute such appeal a n d to pay all costs in case such appeal shall be de te rmined agains t the p a r t y so appeal ing.
| 13 . A n d be it enacted T h a t | no conviction order w a r r a n t | or |
| other m a t t e r made or p u r p o r t i n g to be | m a d e | by | v i r tue | of | th is or | t h e |
| said reci ted Ac t shall be quashed for w a n t of form | a n d no w a r r a n t of |
| c o m m i t m e n t | shall be held void by reason of any | defect the re in provided |
t h a t i t be t he re in alleged t h a t t he p a r t y has been convicted and there be a good and valid conviction to susta in t he same and where any distress shal l be made for levying any money by v i r tue of th is A c t t he distress itself shall no t be deemed unlawful nor t h e p a r t y m a k i n g the same be deemed a t respasser on account of any defect or w a n t of form in t h e s u m m o n s conviction or w a r r a n t of distress nor shall t he pa r ty
| d is t ra in ing be deemed a t respasser | on account of any i r regula r i ty | after |
wards commit ted by h im b u t t h e pa r ty aggrieved by such i r regu la r i ty m a y recover full satisfaction for t h e special damage (if any) in an
| act ion u p o n t h e | case. |
| 1 1 . A n d be i t enacted T h a t where in th is Ac t | any | word | shall |
be used impor t ing t he s ingular n u m b e r or t h e mascul ine gender only t he same shall be unders tood to include several m a t t e r s as well as one m a t t e r several persons as well as one person and females as well as
| males unless t he r e be someth ing in the context r e p u g n a n t | there to . |
R I D E R .
A n d be i t enacted Tha t no M e m b e r or Officer of t he Legislat ive Counci l shall be l iable to serve in any office in or u n d e r t he Corporat ion or Counci l of t h e Corporat ion of t he said City of Sydney or any other incorpora ted City Town or Dis t r ic t i n N e w South Wales nor shal l any M e m b e r or Officer of the said Legis la t ive Council who m a y have been or shal l be elected or appointed to any such office be l iable to any fine
| or pena l ty for neg lec t ing or refusing to | serve | such | office | a n y t h i n g in |
| t h e said Ac t passed in t h e s ix th year of t he re ign of H e r | presen t |
| Majesty contained to t h e cont ra ry in anywise no twi ths tand ing . |
| S C H E D U L E S | R E F E R R E D | TO. |
| A. |
| F o r | e v e r y | w a r r a n t | of | d i s t r e s s | . . . | . . . | . . . | . . . | . . . | 1 | 0 |
| F o r | e v e r y | l e v y | . . . | . . . | . . . | . . . | . . . | . . . | . . . | 0 | 6 |
| F o r | m a n | i n | possess ion | each | d a y | n o t | e x c e e d i n g | . . . | . . . | . . . | 3 | 0 |
| F o r | i n v e n t o r y | sa le | a n d | c o m m i s s i o n | a n d | d e l i v e r y | of | goods | n o t |
| e x c e e d i n g | one | s h i l l i n g | in | t h e p o u n d | on | t h e | n e t | p r o d u c e | of | t h e |
| sa le . |
B.
B .
| T o | C o l l e c t o r | of | R a t e s | for | W a r d | i n | t h e | C i t y |
| of | S y d n e y | a n d | h i s | a s s i s t a n t s . |
| W H E R E A S | of | t h e | C i t y | of | S y d n e y | i n | t h e | C o l o n y | of | N e w | S o u t h |
| W a l e s | h a s | b e e n | r a t e d | a t | t h e | s u m | of | p e r | a n n u m | for | t h e |
| r a t e | of | t h e | sa id | C i t y | as t h e o c c u p a n t | ( o r owner) | of a c e r t a i n | b u i l d i n g | (or |
| tenement | or | property) | s i t u a t e | i n | s t r e e t | i n | t h e | s a i d | C i t y | a n d | n o w | o c c u p i e d | b y |
| a n d | w h e r e a s | t h e | s u m | of | b e i n g | d u e | a n d | p a y a b l e | on |
| a c c o u n t | of | t h e | sa id | r a t e | on | t h e | d a y | of | w a s | d u l y | d e m a n d e d |
| of | t h e | on | t h e | d a y | of | of | t h e | sa id |
| w h o | h a s | n o t | y e t | p a i d | t h e | s a m e | T h e s e | a r e | t h e r e f o r e | t o | r e q u i r e | a n d |
| a u t h o r i z e | y o u | f o r t h w i t h | t o | l e v y | t h e | sa id | s u m | of | t o g e t h e r | w i t h | t h e | cos ts |
| of | t h e s e | p r e s e n t s | b y d i s t r e s s | a n d | sa le | of | t h e | goods | f o u n d | b y y o u | i n | t h e sa id | b u i l d i n g | ( o r |