Towns improvement (1839) (WA)
WESTERN AUSTRALIA.
ANNO SECUNDO
VICTORIA, REGINA..
No. V.
An Act to enable the Inhabitants of any Township to assess themselves for the Im- provement of the Town,
HEREAS the improvement of Towns is a matter of great public Preambld3
Wmode by which funds applicable to that purpose in each town may beutility and advantage, and it appears expedient to provide some
raised by a general contribution from the Inhabitants thereof ;— Be
it therefore enacted by His Excellency the Governor of Western
Australia and its dependencies, by and with the advice and consent of
the Legislative Council thereof, that from and after the passing of, this
| Act, if any three or more of the duly qualified Trustees of any Township | ilrfr e s% etsh rp | e r | eoorosmo | e ttoo |
| shall propose that a rate shall be levied upon the Inhabitants for any levy arate, the Chairtoetinevernreust. | specific object connected with the improvement of the Town, the Chair- mmaenetiinsg of | Man of the Trustees for such Town, appointed under the Act 1st Victoria, tees, of which notice | be | given | in |
| No. 2 intituled " An Act to provide for the management of Roads Streets shall | , | three successive Ga, |
and other internal communications within the . settlement of 'Western zettes.
Australia," shall convene a general meeting of the Trustees of such
Town, of which meeting notice shall be given in at least three successive
Gazettes, which notice shall distinctly state the object for which such general meeting is to be convened.
108 Anno Sec-male Viet. Reg„
17 `or.e but qUalified
| :persons am to voto | II. AND be it further enacted, that at such meeting none but duly qualified Trustees shall be entitled to vote, and that none shall be con- |
| siltred qualified• | Who are to be eon- sidered as Trustees duly qualified except Proprietors of Allotments, or |
portions of Allotments, in such township, of which the Grant in Fee- Simple has been obtained from the Crown, and Justices of the Peace hating their fixed residence in such township. Provided that no snch Justice of the Peace shall vote except in one capacity, either as Justice of the Peace, or as the holder of land in fee-simple in such town.
| Any dispute as to | III. AND he it further enacted, that if any dispute shall arise as |
| qualification is to be | , |
decided by the Chair- to the qualification of any voter, such dispute shall de decided by the
| man. | Chairman presiding at such meeting. |
holding, hut no per-One vote for each IV. AND be it further enacted, that each individual shall be en- swim have inure than ti tled to one vote for each distinct allotment, or portion of an allotment,
ihur votes, so possessed by him as aforesaid ; provided that in no case shall any one
individual be entitled to more than four votes.
| proxies and agents to | V. AND be it further enacted, that at such Meetings all proxies specially appointed by proprietors of allotments residing at a distance of not less than twenty miles from the town, and all duly authorised agents for persona not residing in the Colony, shall be entitled to vote for their principals. |
| vote, | |
| Distinct statement to |
| he submitted to the | VI. AND be it further enacted, that at such meeting the Chairman, |
| meeting of the nature or some one of the Trustees who signed the requisition for the meeting. | e |
| and | xtent of the |
| work proposed. | shall submit a distinct statement of the nature and extent of the work proposed to be undertaken, and of the estimated probable cost of the |
Chairman is to take whole work, and also of the amount proposed to be levied for the same ;
f-eu'e of ti ' Illebting - and the Chairman shall afterwards take the sense of the meeting—lst,
AS to whether the work proposed shall be undertaken ; 2nd, To what extent, whether in whole or in part ; 3rd, What amount shall be levied
| If two-thirds concur, | Chairman to notify for that purpose. if a majority of two-thirds of the qualified voters shall | |||
| ;age to the col"'"1 -to. ree that the proposed work shall be undertaken, either in whole or inSecretary, and if the ' b | ||||
| sanction of the Go- par t, and that a certain sum shall be levied from the Inhabitants for | ||||
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the Town shall he authorised thereupon to carry the same into execution
under the provisions of this Act.
| Every allotnentliable | VI I. | on AND be it further enacted, that every allotment or parcel f |
| to the same amount ot g | .... |
| assessment. | round within the limits of each township respectively which has been | t |
assigned to any person in occupancy, or which shall be occupied in any other manner with or without such assignment, shall be liable to au equal amount of rate or assessment, whether the same shall be resided upon or
| Provided if allotment not. | always, that if an original allotment has been subdivided, |
| he subdivided, then | . |
cubdivision only liable each subdivision shall be liable onl y for its proportion of such rate or
| te " PR•P'" nQu- | ass cesium t. |
f.nano Secundo Vitt. Reg., No. 5.. 109
VII. And be it further enacted, that the Chairman and Directors Manner ofproceedied
| having ascertained and determined the number of Allotments so char- | reittueg the ar.- |
| gable and the amount to be levied from each, shall issue orders to their isnessen2 | |
| Collector to collect such rates as aforesaid, and such collector shall be furnished with a written warrant or order empowering him in that behalf, subscribed by the Chairman and Directors for the time being, and every Collector shall, if so required, exhibit such warrant upon demanding the sum assessed, and such Collector, on receiving the said sum, shall give a receipt fi.r the same, if so required, and such receipt shall be to the | |
| party holding the same a full acquittance and discharge for the sum ex- | |
| pressed therein to have been received ; and every such Collector shall | |
| proceed with all due dili gence to collect and levy the monies assessed. | |
| upon the said several premises, and shall make demand of the same upont? | |
| the premises chargeable of and from any person found thereon in occu- pation of the whole or part ; and if no person so occupying be found thereon, then such Colloctor shall maks demand of the money so as- sessed at the dwelling-house of the party chargeable for and in respect of such premises, if such person reside within the limits of such town ; and if such person do not reside therein, and if no person be found in occupation of the premises chargeable, then such Collector shall affix on some part of such premises a notice, bearing date the day and year of affixing the same, subscribed with the name and abode of the Col- lector, requiring payment of the sum assessed within fourteen days of the date of such notice ; and in case, upon making demand of the sum assessed as before directed either from any person found in occupation of the whole or part of the premises rated, or at the dwelling-house of the party chargeable, the sum demanded be not paid, such Collector shall deliver to such person, or shall leave at such dwelling-house, a notice of the like tenor and purport:dated, subscribed, and expressed as aforesaid, and within the fourteen days specified in any such notice the money demanded may be paid to the said Collector at his house or office, and if not paid within that time, the Collector shall make further demand of the same upon the premises chargeable, or at the dwellin g-house of theparty chargeable, or shall affix a notice of such second ademand upon | |
| some part of the premises chargeable in like manner as is hereinbefore directed in case of the first demand of such money ; and if such money be not paid to the Collector upon such second demand, nor within three days after making the same, then the Collector may at any time after- wards procure a warrant subscribed by the Chairman of the Trust aforesaid, which warrant the said Chairman is hereby authorised and required to grant, upon a certificate, signed by.the Collector, of such de- mands having been made, and such notices having been given or affixed, and such money remaining unpaid ; and it shall be lawful for the Col- lector, by virtue of such warrant, to enter upon the premises chargeable and to seize and distrain the goods and chattels of any person whom- soever which he can find thereon ; and if no sufficient distress can be found thereon, then to seize and distrain the goods and chattels of the party chargeable for and in respect of such premises, wheresoever the same can be found ; and for that purpose to enter into any dwelling- |
116 Anno Secundo Vict. Reg., No, 5,
house, or other house, shop, warehouse, or other tenement within the limits of such town, belonging to such party ; and if the sum be not paid within fourteen days from such seizure, together with the costs of dis- tress, it shall be lawful for the Collector to sell the goods so seized by public auction for such sum and costs, which costs are to be set forth and specified in the warrant authorising such distress; and the over- plus, if any, shall be paid to the party distrained, or his representatives.
•
bccimiers chargeable
| with rate. | IX. AND be it further enacted, that the immediate tenant or oc- cupier of any premises char ged with any assessment under this Act shall be deemed chargeable with every assessment made in respect of the same: provided that if any premises be occupied by any tenure shorter than a yearly holding, it shall be lawful for such person (any special covenant or agreement to the contrary notwithstanding) to deduct from out of the rent payable by such person for or in respect of such holding any sum paid for such assessment; such person producing the receipt for such sum; subscribed, as before directed; by the Collector receiving the same. |
| I4emises shallremaih | X. AND be it further enacted; that if no 'sufficient distress can he |
atalltinies chargeable, found on the premises chargeable, and if the sum charged upon anyand part:es paying
May recover against premises be not otherwise paid or satisfied, the premises for which such
kiln& parties rated. sum shall have been charged shall remain at all times chargeable with
the same, into the hands of whatsoever person such premises may come; andso soon as at anytime sufficient distresscan be met with there- on, it shall be lawful for such Collector to enter upon such premises and to distrain any goods or chattels therein or thereon, and to levy all arrears of assessments, with all costs, at any time previous accrued in respect of such premises. Provided always, that it shall be lawful for any person on whose goods and chattels such arrears and costs may be levied, either by action at law or otherwise; to recover of and from the person or persons, or his or their representatives, primarily chargeable -with the same, and during whose holding of such premises the same inay have accrued, the full amount thereof; together with full costs and damages for the injury sustained by such levy as aforesaid.
| copied, application toXL AND be it further enacted, that if any Allotment chargeable | If Allotment mum- |
| owner or agent. with any sueh assessment shall be unoccupied, then, in such case, ap- |
plication shall be made by such Collector to the owner of such Allotment or to his known agent, and in case of neglect or refusal on their part to pay such amount, or in case there be neither owner of such Allotment nor any known agent in the Colony, then such Collector is
Return to be made of hereby required to make a return of all Buell Allotmentsto the Chairman Allotments for which aforesaid; who shall iminediately transmit a list of the same to therates remain 'unpaid;
| if not in fee-simple, Secretary for the said Colony ; and if the grant of such Allotment has | then title withheld till | amount paid ; if twono t been obtained from the Crown, then such amount shall be made a | ||
|
| fn. the title in | fee shall be given to the'same ; and if more than one rate or |
| felted | to | the Crw |
assessment upon any Allotment shall remain unpaid, then such Allot-
Arno Secundo Vic. Reg., No. 5. 111
(Bent shall thereby become forfeited to the Crown, and all claim tothe same on the part of the original holder in occupancy, or of any
3ne deriving by, from or through him, shall altogether cease and
determine.
XII. AND be it further enacted, that this Act shall be and con-
tinue in force until the 18th day of March, 1841.
JOHN HUTT,
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Legislative Council
the 4th day of April, 1839. J
WALKINSHAW COWAN,
Clerk of the Council
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