PROPERTY ASSESSMENT BILL.

New Zealand Herald, Issue XVI, 3 December 1879, Page 6

PROPERTY ASSESSMENT BILL.

The text of this bill has now reached us, but there is little iu it which was not covered by the telegraphic abstract publish-d in our impression of November 25. We givo the following definitions from the iuterpretatiou clause :— "Person" includes a company as herein defined, and also a banking and an insurance company. "Company'' means an incorporated body or company, or society of persons, other than an association for purpose of banking or insurance, formed wholly or mainly for tho purpose of gain or profit divisible amongst the shareholders. "Real property" means lanels, tonemeuts, and hereditaments, whether corporeal or incorporeal,[and includes all chattel interests in laud. "Personal property" means all property of whatever nature not comprised iu the preceding definition of real property. "Property" includes all real aud personal property. The provisions as to the sale of land iu payment of taxes are also importaut :— SALE OF LAND IN PAYMEN'T OF TAXES. 72. If in any caso no goods and chattels, or none sufficient, cau be found after diligent inquiry belonging to or iu the possessiou of the person liablo to pay any tax imposed upon his property, whereon the same can be levied, and the amount of such tax or any part thereof is in arrearfor three mouths or upwards, and the said person is possessed of land, the Deputy Commissioner shall report the case to tho Commissioner, who thereupon may cause notice co be given to the person aforesaid, in a form to he prescribed by regulations, that the laud belonging to him will be sold utter six months from tho date of such notice unless the said taxes and. all chaiges in respect of the an ears thereof, and costs, are paid in the meanwhile. 73. After the said six months the Commissioner may cause the said land, or such part thereof as may be necessary, to he sold by public auction, nnlcss the said tax and costs, and all expenses incurred in recovering the same, together with 10 per centum upon the amount of such tax added thereto, aud all taxes due in respect of the said laud up to the date of payment, are paid prior to such sale. 74. The proceeds of such sale shall bo appropriated to the payment of such tax, with every addition thereto, costs, and expanses, and the balance, if any, shall b» paid into the Public Trust Office, and shall bo paid by the Public Trustee, upou the order of the Supreme Court, to such persons as may become entitled thereto, together with reasonable interest thereon, not exceeding 5 per centum per annum. 75. Upon any such sale the Commissioner shall cause a memorial in tho form to he prescribed by regulations, together with a map of the land sold, to be prepared, and such memcrial shall be signed by the Commissioner, aud certified by the Clerk or proper otlicer of the court in which the said judgment was given. For the purpose of evidencing the title to such laud, the following provisions shall have effect :—(1.) If the land was not prior to such sale subject to the provisions of " The Laud Transfer Act, 1670," the memorial and map may be registered with the Registrar of Deeds for the registration district in which such land ia situated, ..nd such Registrar shall cause an entry of the memorial and map to be made under the proper head or title in the Index-Book of the JJceds Registry Office, and shall causo the samo to be duly recorded. In the case herein provided the memorial shall operate as a conveyance to the purchaser. (2.) If the land was prior to the sale subject to tho provisions of "The Land Transfer Act, 1870," the memorial and map shall be filed with the District Land Registrar of the district iu which the land is, aud such registrar shall register such memorial and map against the land. In the case herein provided the District Land Registrar shall issue a certificate of title of the purchase. 70. If the Commissioner shall not for any reason deem it desirable to proceed to a sale, he may caune a notice of lien in the prescribed form to he registered in the Registry of Deeds, or to be filed in the office ef the District Land Registrar iu the district where such laud is situated. 77. The effect of the registry or filing of any such lien shall be to create a lien upon and hare precedence of all unregistered claims against the laud in respect whereof such tax shall be payable for the amount of such tax. 78. Every person in whom any such land shall be vested by alienation or other derivative title, after the date upon which notice of the payment of tax was given as hereinbefore provided, shall be liable to the payment of such tax, and the same shall be a charge on the land affected thereby, and shall have priority over any charge, incumbrance, or interest created by the owner or any person interested therein; and in the event of tho non-payment thereof every person hereby made accountable shall be deemed to be a debtor to Her Majesty in the amount of the tax for which he is so made accouutable.