| 45. | Where in any Act or Ordinance it is provided that any proceedingsProceedings for recovery of rates to be taken under this Act. may be taken for the recovery of rates, such provision shall be taken to mean that such proceedings shall be taken under this Act. |
| 46. | A demand for any rate due shall be made in writing in the
How demand for rates made. Seventh Schedule. form or to the effect set forth in the Seventh Schedule hereto, purporting to be signed by any person duly appointed by the local authority to collect rates, and delivered to the person liable, either personally, or by leaving the same at his last-known abode or place of business, or on the premises in respect of which such rate is due, or by sending the same through the post addressed to the person liable at his last-known place of abode or place of business. |
| 47. | Any two or more local authorities may agree to appoint one
Two or more authorites may agree upon one collector, and may make one demand. collector to collect the rates levied by each of them, and such collector may include all such rates due from one person in one demand as hereinafter mentioned. |
| 48. | All rates shall be payable at the office of the local authorityWhere rates payable., or at some place publicly notified for the payment thereof.page 14.gif) |
| 49. | How and when rates can be sued for. If any person fails to pay any rate for which he is liable for fourteen days after demand thereof, the local authority may recover the same as a debt in any Court of competent jurisdiction. |
| Any person authorised by a resolution or under the seal of the local authority to collect rates may sue for the same in the name of the local authority, and for that purpose may make all affidavits or declarations, and do all such other acts, deeds, matters, and things, which the plaintiff is required to do in the Court in which he is suing. |
| 50. | Invalidity of rate as a whole no defence to action against person liable in rate-book. The invalidity of any rate as a whole shall not avail to prevent the recovery of the rate appearing on the rate-book to be payable by any person, unless such invalidity be on the ground that such rate is a rate at a greater-amount in the pound than the local authority levying the same is empowered to levy. |
| 51. | Occupier primarily liable for rates while he is on valuation-roll and rate-book as such. The occupier shall be primarily liable for all rates becoming due while his name appears on the rate-book as such. |
| Where a rate is payable by instalments, if the occupier ceases to actually occupy the premises in respect of which the rate is payable, he may recover from the incoming tenant, if any, and, if not, from the owner, all instalments coming due after he has ceased so to occupy as aforesaid and which he shall have paid, notwithstanding that the alteration of the name of the occupier shall not have been made in the rate-book. |
| 52. | Notice to be given of sale of rateable property. Every owner of rateable property who shall sell or otherwise transfer the same, or any part thereof, shall, within one month after such sale or transfer, give notice in writing thereof, together with the name and address of the purchaser or transferee, to the local authority in whose district the property is situate. Until he gives such notice he shall remain liable for all rates that may be payable in respect of such property. Such notice shall not release him from liability to pay any rates due at the time such notice is given. |
| 53. | Half-rates chargeable for buildings unoccupied for not less than six months. Any dwellinghouse or any other building which shall remain actually unoccupied for a period of not less than six months, whether continuously or not, in any year, if the owner or occupier shall give notice in writing to the local authority of the dates on which the same becomes vacant and on which the same is again occupied, shall be rated at only one-half the amount which would otherwise be payable in respect of such dwellinghouse or other buildings. |
| 54. | Who can be sued besides occupier. Any rate or part thereof due by an occupier may also, at the option of the local authority or of any person authorised to collect rates as aforesaid, be recovered from the owner, or from any person owning any interest, including an interest as first mortgagee, in the rateable property in respect of which such rate is payable, or from any person actually in occupation of the premises in respect of which such rate is payable. |
| 55. | Remedy of owner paying rates against occupier. If an owner, or any such person as mentioned in the last-preceding section, has paid any rates due by an occupier, then, unless such owner or such other person has agreed with the occupier to pay the rates, the amount of such rates so paid shall be deemed to be a debt due and owing from and after the time of paying the same by the occupier to the owner or other person paying the same. |
| Remedy of mortgagee in such case. Where a mortgagee is compelled to pay any rates under this section in respect of any rateable property under mortgage to him, the page 15.gif) amount of such rates so paid by him shall, as from the date of paying the same, be deemed to form part of the principal moneys secured by the mortgage, and shall be chargeable with interest accordingly; though, at the option of the mortgagee, such amount shall be recoverable by him either from the mortgagor or the occupier immediately after payment thereof by the mortgagee. |
| Where any person other than the owner has been compelled toRemedy of person other than the owner in such case. pay any rates under this section, then, unless such person has agreed with the owner to pay the same, or has already recovered such rates from the occupier, the amount of such rates so paid shall be deemed to be a debt due and owing from and after the time of paying the same by the owner to such person, and any such payment by an owner under this provision shall be deemed to be a payment by him under the first paragraph of this section: |
| Provided that no rates shall be recoverable from any tenantLimit of amounts recoverable. of rateable property, not being an occupier within the meaning of this Act, to a greater extent than the rent payable or to be payable by him for such property at the time of making the demand for the same upon him, and any such rates so paid by him may be deducted from his rent. |
| 56. | Nothing herein contained shall be construed to affect anyContracts between persons as to payment of rates not affected. contract now or hereafter made between any persons as to the liability for the payment of rates as between the parties to such contract; and in any case where, as between themselves, the owner has contracted to pay the rates, the occupier or any tenant of the rateable property may pay the same if the owner has not, and deduct the same from any rent payable by him to the owner. |
| 57. | If any person liable for any rate is absent from the colonyWhen person liable for rates absent, service on agent sufficient., a service of summons upon his agent or attorney shall be a sufficient service. |
| 58. | If any owner liable for rates has no Known agent in the
If owner liable for rates unknown, &c., summons may be posted on property, &c. colony, or is unknown, or cannot after due inquiry be found, a public notification of the summons, with or without posting such summons upon a conspicuous part of the property in respect of which such rates are payable, or on some public road near thereto, shall be a sufficient service, and the cost of such notification shall be recoverable from such person in addition to the rates. |
| Judgment for the amount of rates due may be given in any Court Where owner unknown, judgment may be given against "the owner." of competent jurisdiction against such owner by name, or, if he is unknown, under the designation of "the owner" of such property, on the Court being satisfied that such owner is absent or unknown, or cannot after due inquiry be found, and upon proof of service of summons as above provided. |
| 59. | Upon the petition of any person praying for a remission ofPower to remit rates in certain cases. rates on the ground of extreme poverty, arising from accident or continued illness, or other cause beyond the control of such person, the local authority may, if it thinks fit, upon being satisfied after full inquiry that the allegations in such petition are true, remit the payment of any rates by the petitioner, either wholly or in part, or for such time as the local authority thinks fit. |
| 60. | Where any rates remain unpaid after six months fromRates to carry interest. the date on which the same first became recoverable from some page 16.gif) person, such rates shall, together with an additional charge of ten per centum of the amount thereof, be recoverable from any person liable to pay the same. |
| 61. | Rates overdue for two years cannot be recovered. No judgment for the amount of any rates due shall be given or signed after two years from the time when such rates first became due. |
| 62. | Registration of judgment for rates. Where judgment for any rates is recorded against any land, whether by means of a charging order or otherwise, no further instrument shall be registered against such land until such judgment is satisfied. |
| 63. | If judgment not satisfied local authority may forward certificate to Registrar of Supreme Court. If any judgment tor rates is not satisfied, with costs of suit, within six months thereafter, the local authority may forward to the Registrar of the Supreme Court in the Supreme Court district wherein is situate the property in respect whereof the rates are in arrear and the judgment obtained (hereinafter referred to as "the Eighth Schedule. Registrar") a certificate in the form in the Eighth Schedule hereto.
| (1.) | Registrar to give notice to persons interested. Upon the receipt of such certificate, the Registrar shall immediately give notice to all persons whom he believes to have any interest in the property in respect of which the rates for which judgment has been obtained are payableNinth Schedule., in the form given in the Ninth Schedule hereto, that such property will be sold or leased after six months from the date of such notice, unless the amount of such judgment and costs, including a fee of twenty shillings to the Registrar, are paid in the meanwhile. |
| (2.) | Notice, how served. Such notice may be served personally, or it may be left at or posted to the last-known place of abode or business of any such person as aforesaid, or it may be posted upon some conspicuous part of the property, or it may be posted upon some public road adjoining thereto, or it may be publicly notified, if the whereabouts of any such person is then unknown to the Registrar. |
| (3.) | After six months, Registrar may sell or lease property. After the said six months the Registrar may cause the said rateable property, or such part thereof as may be necessary, to be sold or leased by public auction, unless the amount of such judgment and costs, and all expenses incurred in recovering the same, including the cost of a notification as provided by the preceding subsection, together with interest at the rate of ten pounds per centum per annum upon the amount of such rate from the day on which judgment was obtained for the same, and all rates due in respect of the said property up to the date of payment, and any charges which the Registrar is entitled to make upon the sale or leasing of property, are paid prior to such sale. |
| (4.) | Application of proceeds of sale. The proceeds of such sale or letting shall be appropriated, first, to the payment of such judgment, interest, costs, and expenses; next, to the payment of any other rate due to the same local authority for which judgment has been obtained, including, in the case of a letting, all rates which may become due on such property from the person page 17.gif) on whose behalf he has let during the time that the Registrar is in receipt of the rents of the same; next, to the payment of any incumbrance on the said property; and the balance, if any, shall be paid into the Public Trust Office, and shall be paid by the Public Trustee, upon the order of a Judge of the Supreme Court, which order may be made upon a summons in Chambers, to such persons as may become entitled thereto, together with reasonable interest thereon, not exceeding four pounds per centum per annum. |
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| 64. | With respect to any such sale or letting the following provisionsProvisions as to sale or letting. shall apply:—
| (1.) | The sale or letting shall be by public auction, and the Registrar shall have a right to bid for or buy in the property, or place a reserve upon the same, and he may put it up for sale as often as may be required until it be sold. |
| (2.) | The consideration to be given by the purchaser or lessee shall be a sum of money to be paid forthwith or by instalments, as may be fixed by the Registrar. |
| (3.) | The highest bidder at the auction, subject to the rights reserved to the Registrar by subsection one hereof, 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 Registrar, shall be the purchaser or lessee. |
| (4.) | The term of years of any such letting shall be fixed by the Registrar, but shall not exceed fourteen years, and the Registrar may fix two or more terms in the alternative; and in that case the property shall be offered for letting in the first place for the shortest term, and if necessary for such other terms in succession until the highest bidding for the term offered shall equal or exceed the sum required as aforesaid. |
| (5.) | The lease shall contain such covenants and conditions as the Registrar shall think fair and equitable. |
| (6.) | In the case of a letting, when and so soon as all rates, costs, and expenses due up to date have been paid out of the rents or other moneys receivable from the lessee, the Registrar shall, if there be some person in the colony entitled to receive the rents, cease to receive or collect the rents; and the same shall, upon notice to that effect by the Registrar to the lessee, be payable only to such person entitled as aforesaid. |
| (7.) | The purchaser or lessee, upon having the transfer, conveyance, or lease executed, shall be entitled to and may recover possession of the property so sold or leased to him as against or from all persons whomsoever. |
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| 65. | In the case of a sale, on the purchase-money being fullyOn conditions being complied with, Registrar may execute transfer, &c. paid, and, in the case of a lease, on all the conditions prescribed at the sale in that behalf being complied with, the Registrar may execute a transfer, conveyance, or lease, as the case may require, on behalf of page 18.gif) the owner whose interest has been sold, adding after his signature and seal of office the words "under 'The Eating Act, 1894.'" |
| 66. | Purchaser not affected by impropriety, &c.,.in sale. No purchaser or lessee under any such instrument snall be bound to inquire whether the sale or letting has been properly made under this Act, or be affected by notice either expressed or implied that there has been any impropriety or irregularity in connection therewith, and, notwithstanding any such impropriety or irregularity, such sale or letting shall be good, valid, and effectual at law or in equity for all purposes whatsoever. |
| 67. | Instruments under Land Transfer Act to be registered without production of duplicate certificate. Any instrument under "The Land Transfer Act, 1885," or under any Act passed in place thereof, executed for the purpose of carrying into effect any such sale or letting, shall be registered by the District Land Registrar of the district in which the land dealt with thereby is situate, without the production of the duplicate certificate or other document of title relating to the land, or interests in land, dealt with by such instrument, if the Registrar is unable to produce the same. |
| 68. | Native land not to be sold for rates without sanction of Trust Commissioner. No Native land whatever shall be sold for non-payment of rates, nor any judgment or lien registered against such land for non-payment of rates, unless the case has been inquired into by a Trust Commissioner under "The Native Lands Frauds Prevention Act, 1881," and he certifies that he sanctions such sale or lien. For the purpose of obtaining such inquiry every local authority desiring the same shall forward their application for the inquiry by the Trust Commissioner to the Registrar of the Native Land Court for the district in which the land in question is situate; but no fee shall be charged for such inquiry. |
| 69. | Public reserves not to be sold. No public reserve nor any part ot a public reserve, whether Crown-granted or not, or in whomsoever vested, shall be sold for the non-payment of rates due in respect thereof, but the local authority to which the rates for such reserve are payable may lease the same from year to year, or so much thereof as shall be required to produce a yearly rental that shall be equivalent to the amount of rates payable in respect of the whole reserve, together with five per centum added to such amount for expenses. |
| Rates to be a first charge thereon. All rates payable in respect of any public reserve or any part thereof shall be a first charge on the property of the persons who may be trustees thereof as such trustees, or society, body, or corporation in or to whom or which such reserve is vested or granted, and may be recovered from the said persons as such trustees, society, body, or corporation as a debt due to the local authority to which such rates are payable. |
| 70. | Crown leaseholds not to be sold. No Crown lands held under "The Land Act, 1892," or under any Land Act heretofore in force, under any tenure other than freehold shall be capable of being sold for non-payment of rates by theProcedure for recovery of rates thereon. occupier thereof; but proceedings may be taken for the recovery of such rates in manner provided in section one hundred and twenty-four of "The Land Act, 1892." |
| 71. | Saving of fates on Native land already pledged. Notwithstanding anything in this Act contained, section four of "The Crown and Native Lands Rating Acts Repeal Act, 1888," shall continue in force as if this Act had not passed, in respect to the payment of rates on all Native land to which such section relates. |
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amount of such rates so paid by him shall, as from the date of paying the same, be deemed to form part of the principal moneys secured by the mortgage, and shall be chargeable with interest accordingly; though, at the option of the mortgagee, such amount shall be recoverable by him either from the mortgagor or the occupier immediately after payment thereof by the mortgagee.
person, such rates shall, together with an additional charge of ten per centum of the amount thereof, be recoverable from any person liable to pay the same.
the owner whose interest has been sold, adding after his signature and seal of office the words "under 'The Eating Act, 1894.'"