THE ORDINANCES.

Nelson Examiner and New Zealand Chronicle, Volume III, Issue 141, 16 November 1844, Page 3

THE ORDINANCES.

ORDINANCE.

No. 12. — MUNICIPAL CORPORATIONS

[Concluded from page 144.]

VII. — Borough Rate, Tolls, and Dues.

67. Borough Rate.—~Fov the purpose of raising the means for carrying into effect all or any of the powers hereby given to the council of any borough, and for the payment of all salaries, and the defraying of all expenses hereby required to be borne by any borough, the council shall have power so often as shall be deemed necessary to make and levy, in manner hereinafter provided, on equitable rate or assessment in the nature of a borough rate in England, upon all real property within the limits of the borough, other than the property of the Crown or of any of the aboriginal inhabitants of the colony. 68. By whom to be paid. — The rate shall be paid by the occupier of such property, or, in case there shall be no occupier, then by the owner thereof. 69. Valuation. — For such purpose the council shall, as often as may be deemed necessary, cause a valuation to be made of all the ratable property within the borough, and shall cause the same to be published in one of the newspapers of the borough. 70. Assessment. — The council shall, as often as need may be, make an estimate of the amount of money required, and shall assess the borough rate accordingly, and shall give public notice thereof in like manner.

71. Appeal. — At any time within one calendar month from and exclusive of the day of the date of such notice, it shall be lawful for any person who shall think himself aggrieved by any such rate to appeal against the same to any two or more justices of the peace having jurisdiction within the borough, who are hereby authorized to hear and determine such appeal: provided that two clear days' notice in writing of every such appeal shall be given to the town clerk of the borough, specifying the time and place for the hearing thereof.

72. Collection of Bates. — At the expiration of the period allowed for appeal, the council shall appoint fit persons to collect the rate due, which shall, on non-payment thereof, be recoverable at the suit of any such collector by summary proceeding before any justice of the peace having jurisdiction within the borough ; and leviable by distress and sale. 73. Arrears. — In case it shall be impossible to levy the rate due by reason of the property ratable being unoccupied or otherwise, the arrears shall, at any subsequent time, be leviable apon any goods which may be found upon snch property. 74. To be published. — The council shall once in every year publish in one of the newspapers of the borough a statement of every sum so in arrear, and of the property in respect of which the same is due.

75. Borough Fund. — All moneys raised by any borough rate, all fines and fees payable under the authority of this ordinance, together with all sums which may be paid to the treasurer of the borough on account of the corporate body thereof, shall form a fund to be called the " borough fund," out of which shall be paid all costs and expenses for the defraying whereof a borough rate is hereby authorized to be levied, but for no other costs or expenses whatsoever. - 76. To levy Tolls, fyc. — It shall be lawful for the council to impose such tolls or dues as may be reasonable, upon all persons making use of any road, bridge, market-place, dock, basin, wharf, lock, quay, pier, or landing-place, which the council is hereby empowered to make and maintain ; and in case of the non-payment of such tolls and dues, to levy the same by distress and sale. 77. May borrow "Money. — For the purpose of executing and maintaining any of the works last mentioned, it shall be lawful for the council to borrow such sums of money as may be requisite, upon the security of the tolls or dues to be taken in respect of such work. 78. Application of Tolls, Sfc. — The tolls or dues to be taken in respect of any one of the works aforesaid shall be applied primarily in defraying the expenses thereof, and in repayment of the moneys borrowed for the execution or maintenance of the same ; and the nett residue thereof shall form a part of the borough fund. 79. Yearly Audit. — The treasurer of erffly borough shall, in books to be kept by him for that purpose, enter true accounts of all suma«£ money by him received and paid, and of the several'matters in respect whereof .such sums shall have been received and paid. All Ifech accounts, with, all

vouchers and papers relating thereto, together with a full abstractor balance sheet thereof, shall yearly, at such time as the council may appoint, be submitted by him to the auditors and to such members of the council as the mayor shall name, for the purpose of being examined and audited. Such abstract or balance sheet, if found correct, shall be signed by the auditors, and shall be forthwith published by the treasurer in one of the newspapers of the borough. 80. Remedy for Misapplication of Borough Fund. —And whereas it is expedient to give all persons interested in the borough fund of every borough a more direct or easy remedy for any unlawful application of such fund: be it therefore enacted that any order of the council of any borough for payment of any sum of money from or out of the borough, fund of any borough, may be removed into toe Supreme Court by a writ of certiorari, . and such order may be disallowed or confirmed upon motion and hearing, with costs according to the judgment and discretion of the said court. 81. Penalties. — All penalties imposed by this ordinance, or "by any bye-laws to be made under the authority thereof, shall be recoverable within three calendar months after the same shall have become payable or after the commission of the offence, by summary proceedings before any justice of the peace having jurisdiction within tae borough ; and be levied by distress and sale.

82. Witnesses. — No person shall be deemed an incompetent witness upon any such summary proceeding by reason of his being liable to contribute to any borough rate. 83. H. M. Dockyard, Bfc, excepted. — Provided < always that no dockyard, victualling establishment, arsenal,, or barracks belonging to her Majesty, which shall be situated within the limits of any borough, shall be deemed to be part of such borough for any of the purposes of this ordinance.

84. Commencement of Ordinance. — This ordinance shall not come into operation until it shall have received the royal confirmation, and the notification of such confirmation shall have been made in the Government Gazette by order of his Excel, lency the Governor of New Zealand for the time being. Form or Claim. To Mr. A. B. I hereby give you notice that I claim to have my name put npon the burgess roll for the borough of . Dated the day of in the year ( ). C. D. i Place of abode and X business of claimant,