Towns improvement amendment (1847) (WA)

WESTERN AUSTRALIA.

ANNO DECIMO

VICTORIA: REGINA"

No. X.

An Ordinance to amend an Act entitled " an Act to provide for the Improvement of Towns in the Colony of Western Aus- tralia.

HEREAS an Act was passed in the fourth and fifth years of thb8a tilnidricato No. 1$

the reign of Her present Majesty, entitled "an Act to pro- ° e ame

W

vide for the improvement of Towns in the colony of Western Austra-

lia ;" and whereas it is expedient to amend the said Act in certain

10th Viet. No. 10. 1847.

respects ;—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 the Collector shall not hereafter be appointed by a General Meeting of the respec- live Trust, but by the Chairman and Committee thereof, and that the

Collector to be appointed present or any future Collector may be at any time by them sus- suttee. by Chairman and Com- pended or removed from his office on proof to the satisfaction of such

Chairman and Committee that he has not duly and diligently dis- charged the duties of his office as such Collector as aforesaid.

Second period of 14 days II. AND be it enacted, that the seventeeth clause of the said after demand not to be Act, so far as the same extends to allow a second period of fourteenallowed in future.

days for payment of assessments after the expiration of the notice of fourteen days given in the first instance, shall be and the same is hereby repealed, and that all proceedings shall and may be taken forthwith to recover such assessments according to the provisions of the said Act if the same be not paid within the first period of four- teen days allowed by such notice as aforesaid.

Duties of Collector may III. AND be it enacted, that all the powers and duties appointedbe discharged by consta- k +

ble anywhere in the col- "Y the said seventeeth clause to be exercised and performed by the

ony. Collector may upon the written authority or warrant of the Chairman be exercised and performed by any constable of the colony, and that if no sufficient distress can be found on the premises, then it shall be lawful for the Chairman to order any such constable to serve person- ally upon the owner, or in case of his absence from the colony upon his agent, the notice therein mentioned, and if payment be not made within fourteen days from such service, then to issue his warrent of distress to any constable

Assessments may be re- IV. AND be it enacted, that all such assessments shall be reco-

covered in Court of Re- verable at the discretion of the Chairman-and Committee as "so muchquests, District Court, or Civil Court. monies due and owing to the respective Trustees by virtue of the

said Act" in any Court of Requests, or Magistrates' District Court,

or, if the party owing the same, be not resident within the Jurisdic- tion of any such Court, then in the Civil Court of the colouy, and that it shall be lawful for the Chairnan to issue a written authority under his hand to any fitting person in his discretion to commence and prosecute a suit in the name of the Chairman, or other public officer, according to the said Act, for recovery of such assessment in

any such Court of Requests, or Magistrates' Court, not being within

1847.               10th Vict. No. 10.

the district of such chairman, who shall not be required to appear

personally in the prosecution of such suit.

V.     AND be it enacted, that every such public offiicer shall be satisfaction

and is hereby empowered to enter up satisfaction of Judgment

?toot; may

or this Ordinance, and shall be and is hereby exempted from personal

liability for any costs awarded against any such Trustees in any such

when satisfied in any Suit by or against Trustees under the said Act liability. were caused by the unlawful, vexatious, or negligent conduct of such officer ; but otherwise in default of such certificate, all such costs shall be forthwith paid out of any Trust monies then in the hands of such Trustees, or in default of such monies shall be forthwith raised and paid by means of a loan or assessment, which such Trustees are hereby empowered to effect or levy for that purpose in like manner as by the fourteenth and sixteenth sections of the said Act monies may be raised or levied for certain other purposes.

VI.     AND be it enacted, that nothing contained in any existing A

aut PP oneers' Act not to

Ordinance relative to anctioneers and auction duties shall be held to	Y.
apply to sales under any such warrant of distress as aforesaid.

FREDERICK CHIDLEY IRWIN,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Council

5th August, 1847. 3

WALKINSHAW COWAN,

Clerk of the Councils.

Printed by authority of the Government, by E. Stirling, Perth.