191

within seven days after the making of such decision give to the Chairman of the Trustees three days’ notice in writing of his intention to appeal against the same to the nearest Resident Magistrate not being a Trustee or Trustees of the Board where decision is appealed against and on the day named in such notice such Resident Magistrate may on hearing the appellant and the Trustees or their agents respectively or such of them as shall then appear and such evidence as they shall respectively think fit to adduce confirm alter or amend the decision appealed against and the decision of such Resident Magistrate shall be final and conclusive and not liable to review in any Court whatsoever.

Costs of appeal may be awarded.

30. It shall be lawful for the Resident Magistrate who shall hear and determine any appeal to award such costs charges expenses thereof as to him shall seem meet to be paid to or by either of the parties to the same and such costs charges and expenses when awarded against such Trustees to be payable out of the rates collected under this Act.

Assessment List to be deposited, and to be conclusive of liability.

31. The assessment list whenfinally settled in accordance with the decision of the Trustees or of such Resident Magistrate shall be certified as finally settled under the hand of the Chairman of the Trustees and shall be deposited in some convenient place appointed by the Trustees and shall be open to the inspection of any ratepayer, and in any legal proceeding for the recovery of any rate the production of such list shall be prima facie evidence of the liability of the persons therein named for payment of the amount of rate therein specified.

Penalty for altering or injuring assessment list.

32. If after any assessment list is finally settled as aforesaid any person shall wilfully mutilate injure or destroy the same or any part thereof he shall be liable to a penalty not exceeding twenty pounds recoverable in a summary way on the complaint of any Trustee or ratepayer of the district.

Rates how to be levied.

33. Every rate by this Act authorised to be levied shall be paid to a collector appointed by the Trustees to receive the same on demand at the place of abode or business of the person from whom or on the premises in respect of which such rate is payable and shall on non-payment thereof be recoverable at the suit of such collector or of the Chairman of the Trustees by summary proceeding before any Resident Magistrate or two Justices of the Peace and shall be leviable by distress and sale of the goods and chattels which may at any time thereafter be found in or upon the premises in respect of which such rate is payable: Provided always that if the goods and chattels upon such premises and upon which such distress is made shall belong to any person other than the person liable to pay the said rate such person shall be entitled to recover the loss or damage sustained by him through such distress from the person by whom such rate was payable.

Payment may be enforced under “The Sale for non-payment of rates Act, 1862.”

34. The collector appointed by the Trustees of any district as aforesaid may under the provisions of “The Sale for non-payment of Rates Act 1862” of General Assembly enforce payment of any rates levied under this Act, and of any arrears of rates due under the Acts hereby repealed.

Superintendent may contribute in aid of rates.

35. Whenever the amount of the rate authorised by the ratepayers shall have been collected or a sufficient guarantee given to the satisfaction of the Superintendent that the amount then stated will be collected on or before a date then to be named it shall be lawful for the Superintendent to contribute an amount not exceeding the amount so paid or so guaranteed out of any sums appropriated for such purpose by the Provincial Legislature so far as such sums shall suffice and the amount so collected or guaranteed to be collected as aforesaid and the moneys so contributed by the Superintendent shall collectively and together be applied in defraying the costs and expenses necessarily incurred in the exercise of the powers hereby given to the Trustees and no other cost or expenses whatsoever.

Trustees may have public works committed to their care.

36. It shall be lawful for the Superintendent if he shall think fit to commit to the said Trustees the expenditure of any monies appropriated to the construction and maintenance of roads bridges drains or other public works within the district and to pay over the same to the account of the Trustees to be expended in accordance with the specific purpose for which such monies have been appropriated.

Trustees not to be personally liable.

37. No Trustee shall be personally liable for payment of any sum or performance of any obligation for payment or performance of which he shall not have bound himself personally as an individual independent of his office as a Trustee.

No Trustee to be interested in contracts.

38. No Trustee shall directly or indirectly be interested in any contract under the Trustees of his district or hold any paid office to be created or established under this Act under a penalty not exceeding Fifty Pounds recoverable summarily before any Resident Magistrate or two Justices of the Peace on the complaint of any ratepayer of the district. And all works and contracts for works ex-