The Poverty Bay Herald AND East Coast News Letter. PUBLISHED EVERY EVENING. Tuesday, December 2, 1879.

Poverty Bay Herald, Volume VI, Issue 965, 2 December 1879, Page 2

The Poverty Bay Herald AND East Coast News Letter. PUBLISHED EVERY EVENING. Tuesday, December 2, 1879.

Mr. Pitt has brought m a Bill entitled "An Act to Amend the Bating Act, 1876 " which is intended to enable local bodies to let instead of Belling property for non-payment of rates levied m respect thereof. Whenever, m accordance with the provisions of " The Rating Act, 1876," any local body shall be entitled to give to the owner of property the notice mentioned m section sixty-one of the said Act, such local body may, instead of such notice, give to the said owner notice, m the form set out m the First Schedule of the Bill, that such property will be let after six months from the date of such notice unless the said rates and costs shall be paid meanwhile. After the«said six months, the local body may cause the said property to be let by public auction unless the said rats| and costs and all expenses incurredjpin recoverr ing the same, together with interest at the rate of fifteen per centum pas annum upon -the amount of such rate from* the day when the same became due, and all rates due m respect of the said property up to the date of payment, shall be paid prior tosuch letting. The proceeds of such letting shall be appropriated, first to the payment of .such rates, interest, costs, and ex"penses, next to the payment of any other rates due to the same local body M respect of the same property for which judgment shall have been obtained, and the balance, if any, shall be paid into the Public Trust Office, and shall be paid by the Public Trustee to such persons as shall to his satisfaction establish a claim . thereto, together with reasonable interest not exceeding five per centum per annum. "With respect to any such letting the following provisions /shall apply :-,(l.) The letting shall be by public auction. (2.) The consideration to be given by the lessee shall be a sum of money to be paid forthwith or by instalments, as may be fixed by the local body. (3.) The highest bidder at the auction, if his bid shall equal or exceed the sum required to pay the arrears of rates and the costs incurred, and if he shall comply with the conditions precedent (if any) fixed by the local body, shall be the lessee. "(4.) The term of years of such letting shall be fixed by the local body, but shall not exceed fourteen years, and the local body may fix two or more terms m the alternative, and m that case the property shall be offered for letting m the first lilnpß for the shortest term, and if

necessary for such other terms m succession until the highest bidding for the term offered shall equal or exceed the sum required as aforesaid. (5.) The lease shall be m the form set out m the Second Schedule hereto, and shall contain a sufficient description and plan of the land intended to be let, and shall be signed by the Mayor or Chairman of the local body or by two of the members thereof, and his or their signature shall be attested by the Town Clerk or Secretary or other officer of the local body. The lease, when executed as aforesaid, shall vest the property described therein m the lessee for the term therein mentioned as fully and effectually as if the person for the time being having the said property vested m him for an estate of inheritance m fee-simple m possession, and entitled to the , immediate possession of the said property had, for valuable consideration and by deed duly executed, demised the same to the lessee, his executors, administrators, and assigns for the said term. Every such lease may be registered m the office of the Registrar of Deeds or of the District Land Registrar, as the case may be, for the district m which the land is situated. The statements of fact m such lease and m any certificate thereon shall beprima facie deemed to be true, and he receivable m evidence m proof of such facts. The lessee, his executors, administrators, and assigns shall be liable for all rates m respect of the property comprised m the lease accruing due during the term of the lease, and the same may be recovered by the local body m all ways as if the said local body had not been a party to the lease.