β¨ Public Works Ordinance
119
assessed Rate shall have been determined
upon, the Board of Commissioners shall es-
timate the value of the rateable lands with-
in the limits thereof, exclusively of all build-
ings, erections, and improvements whatso-
ever, as aforesaid, and shall in their aforesaid
statement specify the value of each Town
Section as estimated by them.
-
The said Rates shall be paid by the
occupier for the time being of the lands
rateable, or in case there shall be no occu-
pier, then by the owner thereof, to the Trea-
surer of the Province, at such time or times
and in such manner as shall be appointed
by the Superintendent by Notice published
in the Government Gazette of the Province,
and shall be recoverable by the said Trea-
surer, or by any person whom he may ap-
point for that purpose, by summary proceed-
ing before any Justice of the Peace having
jurisdiction within the district, and shall be
leviable by distress and sale upon any goods
and chattels which may be found upon the
lands rateable at any time within Twelve
months from the time at which such Rate
became due. Provided that Licensees under
an Ordinance of the Superintendent and
Provincial Council passed in this present
Session of the said Council, intituled "An
Ordinance to regulate the occupation of
certain unenclosed lands in the Town of
New Plymouth," shall not be deemed occu-
piers for the purposes of this Ordinance of
the Lands comprised in their respective Li-
censes. -
At the expiration of two months
from the day on which any Rate shall
become payable, it shall be the duty of
the Provincial Treasurer to sue for, or
take other proceedings for the recovery of,
any Rates which may be wholly or in part
unpaid. -
If any Rate shall be left in arrear
and unpaid wholly or in part for the space
of six months, and the lands rateable shall
be unoccupied, or being occupied, no suffi-
cient distress shall have been found there-
upon, it shall be lawful for the Superinten-
dent at or after the expiration of the said
period (and as respects Lands of which no
Crown Grant shall have been issued, with-
out prejudice to the rights of the Crown)
to cause the Land in respect of which such
rate shall be so in arrear and unpaid, or so
much thereof as he shall think it necessary
or desirable to sell, to be sold and disposed
of by public auction Ly any person whom
he may appoint for the purpose, (whether
such person be or be not a licensed auc-
tioneer,) and to convey and assure the fee
simple of the Land so sold to the purchaser,
his heirs or assigns, free from all incum-
brances, and to retain out of the moneys
arising by such sale the amount of the rate
then due and the expenses attending the
sale. And the residue of such money (if
any) shall be paid on demand to the owner
of such Land. Provided that no such sale
shall take place unless previous notice
thereof shall have been twice given in the
Government Gazette of the Province, such
notice being first given not less than two
months before the sale, and being again
given at an interval of not less than fifteen
days nor exceeding one month from such
first notice. Provided also that no pur-
chaser at any sale purporting to be made
under the authority of this Ordinance and
of which due notice shall have been given,
shall be affected by any irregularity therein,
or be concerned to see that the heredita-
ments purchased by him were properly sale-
able. Provided also that no notice shall be
given with a view to any sale under this
present provision until the expiration of
twelve months from the passing of this Or-
dinance, nor shall any sale taken place un-
til the expiration of eighteen months from
the passing of this Ordinance.
- It shall be lawful for the said Boards
of Commissioners year by year to impose
upon any person encroaching on or occupy-
ing any road, street, or public place, or any
reserve for a road, street, or public place,
within their respective districts, the pay-
ment of such sum of money by way of oc-
cupation rent for the land taken in by such
encroachment, or occupied as aforesaid, as
the said Boards shall think reasonable.
And such occupation rents shall be paya-
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β¨ LLM interpretation of page content
ποΈ
An Ordinance to provide for the maintenance of public works within the Province of New Plymouth
(continued from previous page)
ποΈ Infrastructure & Public WorksPublic Works, Ordinance, New Plymouth, Rates, Taxation, Land, Auction, Encroachment
Taranaki Provincial Gazette 1855, No 2