Chairman to report to Governor Directors to report to Clair man Chairman to lay abstracts before the meeting, and estimates to be drawn up Chairman to prescribe order, &c. Clerk to keep minute book, &c. Improvement of Towns Provided always, that if at such General Meeting, either from the nonattendance of members or from any other unforeseen cause, the election of any of such officers should be made, or being made, should become ineffectual, or if at any time any vacancy by death, resignation or otherwise shall occur in any of the said offices, it shall be lawful for the Chairman or senior member of the Committee to summon a special Meeting for the purpose of appointing such officers, or filling up such vacancies as aforesaid, and further, that no business shall be entered upon at any General or Special Meeting, unless at least seven Trustees are present. 8. And be it enacted, that as soon as may be after the election of such officers or filling up such vacancies, the Chairman shall report the same to the Governor. 9. And be it enacted, that the directors of the several districts shall, at least seven days previous to each General Meeting, deliver to the Chairman reports on the state of several lines and modes of communication in their respective districts; also quarterly accounts of expenditure, accompanied by vouchers, under authority of any Meeting: also an account of the works required to be executed in their several districts, with distinct plans, specifications, and estimates, drawn by the proper surveyor, or otherwise made and prepared in a satisfactory manner; also an estimate of the funds which may be expected to be realised, within their respective districts, from any of the sources hereinafter mentioned and described. 10. And be it enacted, that the Chairman shall lay correct abstracts of all reports, accounts, and estimates, before each General Meeting, and that immediately, after these have been duly read and considered, and in whole or in part approved of by the Meeting, estimates of the probable ways and means for the ensuing quarter shall be drawn up, together with statements of the works, whether general or local, which the Meeting may think fit to undertake, having a due regard to the total amount of funds available for such purposes, and to such a just, wise, and equitable apportionment of those funds as the general interests of the respective Town and the wants of each particular district may be deemed to require. 11. And be it enacted, that the Chairman shall preserve order at the several Meetings, and take the sense thereof, and superintend and be responsible for the proper regulation of business before the Meetings, and regulate the proceedings of the Clerk in the care, custody, and preparation of books, papers, and accounts: Provided always, that in the absence of the Chairman, the senior member of Committee present shall act as Chairman. 12. And be it enacted, that the Clerk shall keep a book or books in which shall be entered minutes of all proceedings and transactions, and an account of receipts and disbursements; and the Chairman at such Meeting shall see the entry of the proceedings thereat duly made, and shall subscribe the same with his own hand, and the names of the Trustees present at every meeting shall be entered; and every book containing such entries or accounts shall at all reasonable times be open to the inspection of the public, and it shall be lawful for any Improvement of Towns person to peruse and make extracts from the same without fee or reward. 13. And be it enacted, that as soon as may be after the expiration of his office, reports and statements of the proceedings and accounts of the Trustees for the preceding year, shall be laid by the Chairman of such year before the Governor. able funds 14. And be it enacted, that the funds available for the purposes of Nature of availthis Ordinance shall be such as may accrue from any of the following sources, viz. 1.-Tolls payable at any ferries, being the property of the respec- 4.-Voluntary Subscriptions of money or labour for local or 5. The amount of any sums which may from time to time be 6. Loans raised as hereinafter provided, on the credit of Tolls, 7.-Assessments which may hereafter become leviable. 15. And be it enacted, that it shall be lawful for the said Trustees, by and with the consent of the Governor in Council, to borrow and take up at interest on the credit of Tolls, Dues, or Charges arising or to arise from any street, bridge, ferry, or other work of the like nature, every such sum of money as they shall think proper from time to time respectively, and to assign the Tolls on such street, or any part thereof, or on such bridge, ferry or other work of the like nature, as a security to any person or persons who shall advance such sum of money (for such a period of time as may be sufficient) for the repayment of the principal sum borrowed, together with interest at a rate not exceeding Ten per centum per annum. 16. And be it enacted, that assignments of Tolls or Charges shall be in the words, or to the effect following, viz.-' By virtue of an Ordinance passed in the fourteenth year of the Reign of Queen Victoria, intituled, "an Act to provide for the Improvement of Towns in the Colony of Western Australia," we, the Chairman and Committee of the Town-trust, in consideration of the sum of £ advanced and paid to the Treasurer of the said Trustees, do hereby grant and Trustees may borrow money on credit of tolls Assignment of to be made transferable by Tolls, &c., how endorsation Holders of assignments to be creditors of tolls in equal degree or as arranged Trustees with sanction of Gov ernor may assess Inhabitants Mode of collecting assessments of our Lord, at the rate of Improvement of Towns until the said sum of £ with interest per centum per annum, shall be paid and discharged.' And copies of such assignments shall be entered by the Clerk in a Book of proceedings, and such assignment shall be transferable by endorsation to any other person whatsoever, which endorsation shall be in the words, or to the effect, following, viz.-'I, A.B., do hereby transfer all my right to the within written Assignment of to and his executors and assigns.' And all persons to whom any such assignment or endorsation shall be made, as aforesaid, shall, in proportion to the sum of money thereby secured, be creditors on the Tolls or Charges so assigned, in equal degree one with another in respect to payment of the interest on such sums, or in such order or manner, and at such time with respect to payment of the principal sum, as shall be agreed upon and stipulated by the said Trustees at the time of the advance of their respective sums of money. 17. And be it enacted, that if at any General or Special Meeting as aforesaid, it shall be determined by a majority of not less than twothirds of the Trustees present, that a certain sum be levied from the owners or occupants of any land within the respective Town for any specified object connected with the improvement of the Town, the Chairman shall report the same to the Governor, and upon obtaining the Governor's sanction thereto, it shall be lawful to carry the same into effect in manner and form following that is to say, that the Chairman and a majority of the Committee having ascertained and determined the number of owners or occupants so chargeable, and the amount to be levied from each, shall issue orders to their Collector to collect such rates as aforesaid, and such Collector shall be furnished with a written warrant or order empowering him in that behalf, subscribed by the Chairman and three of the Committee, and every Collector shall, if so required, exhibit such warrant upon demanding the sum assessed, and such Collector, on receiving the said sum, shall give a receipt for the same, if so required, and such receipt shall be to the party holding the same, a full acquittance and discharge for the sum expressed therein to have been received. 18. And be it enacted, that every such Collector shall proceed with due diligence to collect and levy the monies assessed upon the several premises respectively, and shall serve upon the occupier, or if unoccupied, upon the owner of each of the several premises, or if such owner or occupier cannot be found, shall affix upon such premises a notice bearing date the day and year of serving or affixing the same, subscribed with the name and abode of the Collector requiring payment of the sum assessed, within fourteen days from the date of such notice; and if such money be not paid to the Collector on or before the expiration of the terms specified in such notice, then the Collector may at any time afterwards procure a warrant subscribed by the Chairman of the Trust aforesaid, which warrant the said Chairman is hereby authorised and required to grant, upon a certificate signed by the Collector, of such demand having been made or such notice having been served or affixed as aforesaid, and such money remaining unpaid: and it shall be lawful for the Collector, by virtue of such warrant, to enter upon the premises chargeable, and to seize and distrain the goods and chattels of any person whomsoever which he can find Improvement of Towns thereon and if no sufficient distress can be found thereon, to seize and distrain the goods and chattels of the party chargeable for and in respect of such premises, wheresoever the same can be found, within the limits of such Town; and for that purpose, to enter into any dwelling-house or other house, shop, warehouse, or tenement therein, belonging to such party; and if the sum be not paid within five days from such seizure, together with the costs of distress, it shall be lawful for the Collector to sell the goods so seized, by public auction, for such sum and costs, and the costs of such distress and sale, which costs are to be set forth and specified in the warrant authorising such distress; and the overplus, if any, shall be paid to the party distrained upon or his representatives. 19. And be it enacted, that if no sufficient distress can be found the premises primarily chargeable, nor elsewhere upon the same upon Town-site, then it shall be lawful for the Chairman to order either the Collector or any constable of the Colony to serve personally upon the owner of the premises chargeable, or in case of his absence from the Colony, upon his agent, the notice above mentioned, and if payment be not made within fourteen days from such service, then to issue his warrant of distress to the said Collector, or to any constable of the said Colony, authorising the Collector or constable who shall hold such warrant of distress, to distrain and sell in like manner any goods belonging to the person against whom the warrant shall have issued, in whatever part of the Colony such goods may be. If no distress ou goods of party premises, &c., chargeable may any part of the Colony be distrained in Allotments of sold for arrears of assessments paid for three absentees may be remaining un years 20. And be it enacted, that if the owner of any premises be either temporarily absent from the Colony or non-resident therein, and if any such rates as aforesaid, already imposed thereon, and unpaid at the time of passing this Ordinance, shall remain due and unpaid for the term of three years after the passing thereof, or if any such rates as aforesaid, which may be imposed hereafter, shall remain due and unpaid for the term of three years, and if no other sufficient distress can be found in the said Colony, then it shall be lawful for the Chairman to cause a notice, according to the form in the Schedule No. 1, to be published in three successive Government Gazettes,' stating the amount of rates due upon the said premises and requiring payment of the same, or that in default thereof, the said premises will be sold by public auction at a time and place to be specified in the said notice, such time not being less than one calendar month after the date of the last Gazette' containing such notice; and if the said amount be not paid on or before the expiration of the time so specified, then it shall be lawful for the Chairman and he is hereby required to cause the said premises to be sold according to the terms of the said notice, and out of the proceeds of such sale to pay all the rates chargeable on such premises, and all costs and expenses connected with the sale, and to pay the overplus, if any, into the hands of any agent within this Colony holding any general authority in writing to receive monies on account of such absentee or non-resident, and if there be no such agent, then it shall be lawful to pay the same into the hands of the Colonial Treasurer, who shall make an entry thereof, specifying by whom the same was paid, and in respect of what land, according to such particulars as shall be furnished to him by the person paying the same. 21. And be it enacted, that it shall be lawful for the Commissioner Commissioner Civil Court may make an order for payment of overplus Certificate of sale when re the effect of a conveyance Improvement of Towns of the Civil Court in a summary way, on motion or petition made or presented by or on behalf of every person claiming the said amount of overplus, to make an order for the payment thereof to the party appearing to be entitled to receive the same. 22. And be it enacted, that a certificate of the sale of any such gistered to have premises as aforesaid, according to the form in the Schedule No. 2, shall be given by the Chairman to the purchaser thereof, and a memorial of such certificate shall be registered in the usual manner in the Registry Office of this Colony, at the expense of such purchaser, and when so registered shall have the effect of a valid conveyance in fee simple, by all necessary parties of such premises, but subject nevertheless to all registered judgments, incumbrances, and claims, by operation of law, legally affecting the same at the time of sale. Occupiers chargeable with rates Assessments recoverable in Court of Requests, &c. Chairman to enter satis ments, &c. 23. And be it enacted, that the immediate tenant or occupier of any premises charged with any assessment under this Ordinance shall be deemed chargeable with every assessment made in respect of the same. 24. And be it enacted, that all such assessments shall be recoverable at the discretion of the Chairman and Committee, as so much monies due and owing to the respective Trustees, by virtue of this Ordinance, in any Court of Requests, or Magistrates' District Court within the jurisdiction of which the party owing the same may reside or be found at the time; and it shall be lawful for the Chairman to issue a written authority under his hand, to any fitting person, in his discretion, to commence and prosecute a suit in the name of such Chairman, or other public officer appointed under this Ordinance for the recovery of such assessment in any such Court of Requests or Magistrates' Court, not being within the district of such Chairman, who shall not be required to appear personally in the prosecution of such suit. 25. And be it enacted that every such Chairman or public officer shall be and is hereby required to enter up satisfaction of judgment faction of Judg- when satisfied in any suit, by or against Trustees under this Ordinance, and shall be and is hereby exempted from personal liability for any costs awarded against any such Trustees in any such suit, unless the Court awarding such costs, shall certify that the same were caused by the unlawful, vexatious, or negligent conduct of such Chairman or public officer; but otherwise, in default of such certificate, all such costs shall be forthwith paid out of any Trust monies in the hands of such Trustees, or in default of such, monies shall be forthwith raised and paid by means of a loan or assessment, which such Trustees are hereby empowered to effect or levy for that purpose, in like manner as by the provisions of this Ordinance, monies may be raised or levied for other Sales not liable to Auction duties, &c. Exemption from rates purposes. 26. And be it enacted, that nothing contained in any existing Ordinance relative to Auctioneers and Auction Duties, shall be held to apply to sales under the provisions of this Ordinance. 27. And be it enacted, that it shall not be lawful to levy any rate whatever under this Ordinance on any land or building the property of Her Majesty within any of the said Towns, not being let or hired to any private individual, nor on any land vested by Her Majesty or by any Ordinance in any Trustees constituted for any religious or other |