Supplement to the Provincial Government Gazette.

SATURDAY, NOVEMBER 19, 1870.

No. 51.

AN ACT TO PROVIDE FOR THE SALE OF LAND FOR THE RECOVERY OF ARREARS OF RATES.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—

Short Title.

1. The Short Title of this Act shall be “The Sale for Non-payment of Rates Act 1870.”

When judgment for rate recovered Superintendent may pay rate.

2. Whenever judgment shall have been or shall hereafter be recovered and duly entered up of Record against the owner of any land in the Colony in any Court of competent jurisdiction for the recovery of any rate assessment or other liability imposed upon such land or upon the owner thereof under any Act or Ordinance providing for the construction management or repair of roads streets or highways or the management government or control of the local affairs of any city town district or place or any other rate or assessment for whatever purpose imposed whether for a purpose similar to those before enumerated or not imposed on any land or the owner thereof it shall be lawful for the Superintendent of the Province in which such land is situate at any time thereafter on request of the governing body by which such rate assessment or liability shall have been made or assessed to satisfy the amount for the time being remaining due on such judgment by payment thereof out of moneys of the Province of which he is Superintendent for the time being available by law for that purpose. Provided always that in no case shall the Superintendent pay over to such governing body any sum exceeding two years’ rates in arrear in respect of any land or imposed upon the owner thereof.

Rate paid by Superintendent to be repayable with interest by persons originally liable.

3. Immediately upon such payment being made the amount so paid shall become a debt due from the owner of the said land to the Superintendent of the said Province and his successors bearing interest at the rate of fifteen pounds per centum per annum from the day of such payment. And the said Superintendent shall if the owner of the said land be known send to such owner through the Post Office addressed to such owner at his then known place of abode or residence a notice of the amount paid by the said Superintendent on account of such rate or assessment and of the lands in respect of which the same was paid.

Memorial may be registered against land and rate charged thereon.

4. The Superintendent for the time being of the said Province may at any time thereafter cause a memorial in the form in the Schedule to this Act signed by such Superintendent or his predecessor to be registered in the Register of Deeds for the Registration District in which the land is situate or by way of inhibition in the Register of Land under “The Land Registry Act 1860” or in both the said registers or in such other Register of Land or Deeds as shall for the time being be in force within the district in which the land is situate and thereupon the amount in the said memorial mentioned with interest thereon at the rate of fifteen pounds per centum per annum from the day of such payment as aforesaid being made shall be charged upon the said land.

After twelve months Court may order land to be sold.

5. If the amount of the said debt and interest at the rate aforesaid or any part thereof shall remain unpaid for twelve months after such memorial be filed in either of the said registers the Superintendent of the said Province may at any time after the expiration of such period apply by petition to the Supreme Court or to a Judge thereof for such order as is hereinafter mentioned and the Court or Judge upon hearing such petition and after such inquiries and after such proof of the material circumstances as to it shall seem fit may make an order for the sale of the land so charged or such part thereof as shall be specified on such petition for the purpose of raising and paying the cost and expenses of proceedings under this Act and of such sale and after the payment thereof then for the purpose of raising and paying the amount of such debt and interest up to the day of satisfaction thereof by such sale and any such petition may include any number of properties though belonging to different owners provided they be sold in respect of non-payment of a rate made by the same governing body.

Notice of sale to be given.

6. No sale of land under this Act shall take place until after six calendar months’ previous notice in the Government Gazette of the Province and until the same notice has appeared once a month for three months in one of the principal newspapers in circulation within the Province in which the land is situate and every sale of land under this Act shall be by public auction and be conducted by such person and in such manner as the Superintendent shall direct and shall be for cash only.

Land sold to be conveyed by Superintendent.

7. The conveyance of any land sold under this Act shall be made by the Superintendent of the Province in his own name under the Public Seal of the Province and every such conveyance shall be effectual to convey the whole legal and beneficial interest in fee-simple in the land sold subject however to all rights of Her Majesty the Queen her heirs and successors therein.

Memorial of satisfaction may be registered.

8. Upon payment or satisfaction of any debt for the recovery of which any memorial may have been registered under the provisions of this Act with interest thereon as aforesaid and of the expenses incurred in and about the registration of such memorial and the subsequent proceedings if any have been taken it shall be the duty of the Superintendent of the Province to sign a memorial of satisfaction of such rate in the form contained in Schedule B to this Act which memorial of satisfaction may be registered against the land charged by such first-mentioned memorial and upon such registration of the memorial of satisfaction being duly registered the land charged by the original memorial shall be exonerated discharged and released from the charge thereby created.