Notices of demands, how served on owners. s. 227. Municipalities. done, performed, suffered, or incurred by him for and on behalf of the municipality by reason of anything contained in either of the two last preceding sections. Division 2.-Notices, Demands, and Remedies to, upon, 421. EVERY notice or demand which by this Act is required to be given to the owner or occupier, or both, of any building or land, See 59 Viet., No. 10, may be addressed and sent through the post to the owner or occupier of such building or land, or may be served on the owner or occupier thereof, or left with some inmate of his abode, or if there be no occupier, shall be put up on some conspicuous part of such building or land, and it shall not be necessary in any such notice or demand to name the owner or occupier of any such building or land. 422. ALL notices served on or given to any owner or occupier Operation of notice, shall be binding on all persons claiming by, from, or under such owner or occupier. etc. See 59 Vict, No. 10, s. 228. Expenses recover able from occupier a summary manner, and in default of occupier may be recovered from the 423. ANY expenses incurred by the council in doing any matter or thing which by this Act the occupier of any premises is may be recovered in required to do, may be recovered from such occupier in a summary manner by proceedings before a Court of summary jurisdiction; and in the event of the council being unable to obtain payment thereof by any such occupier, or if such occupier is not known or cannot be found within the Colony, or it should be returned to a warrant of distress that there are not goods or chattels of such occupier sufficient to pay the sum for which such warrant of distress has issued, such expenses may be recovered in like manner against the owner of the premises. owner. 59 Vict., No. 10, 8. 224. Occupier may act in fault of owner. Local Government 424. WHENEVER default is made by the owner of any buildcertain cases on de- ing or land in the execution of any work required to be executed by him, the occupier of such building or land may, with the approval of the council, cause such work to be executed, and the expense thereof shall be repaid to such occupier by the owner of the building or land, and such occupier may deduct the amount of such expense out of the rent from time to time becoming due from him to such owner, or recover same in a summary way before two Justices in petty sessions or Court of competent jurisdiction. Expenses, how recoverable from owner. 59 Vict., No. 10, 8. 225. 425. IF the owner of any building or land made liable for the repayment to the council of any expenses incurred, or to be incurred, or paid by him do not, as soon as the same becomes due and payable from him, repay all such expenses to the council, the council may recover the same from such owner before two Justices in Municipalities. in petty sessions or Court of competent jurisdiction; and any order made by the Justices in this behalf against any owner (who, if he be not known, need not be named but only described as the owner) may be enforced by warrant of distress against the goods and chattels of such owner, or if such owner be not known, or be not resident within the Colony, or it be returned to a warrant of distress that there are not goods and chattels of such owner sufficient to pay the sum for which such warrant of distress has issued, the council may at any time within twelve months of such expenses being incurred obtain a warrant from any two Justices (which warrant such Justices are hereby empowered to issue) authorising such council, by any officer authorised by such council in that behalf, to enter upon and take possession of the land or premises or any part thereof in the name of the whole upon which the said expenses have been incurred, and to hold the same until out of the rents and profits thereof such expenses, together with all expenses incurred in the recovery thereof, have been paid, any lease, tenancy, sale, mortgage, charge, or other encumbrance created by such owner notwithstanding: Provided always, that where such land or premises are under the provisions of the Transfer of Land Act, 1893, such council shall, within six weeks of the issue of such warrant as aforesaid, direct a memorandum of the issue of such warrant to be indorsed upon the certificate of title, whereof such land is the subject, and thereupon such indorsement shall be made by the Registrar of Titles and shall operate as a preferential encumbrance or charge upon such land. Occupier not liable accruing due. beyond rent due or 426. NO occupier of any building or land shall be liable to pay more money in respect of any expenses charged on the owner than the amount of rent due from him for the premises in respect of which such expenses are payable at the time of the demand made upon him, Local Government or which may at any time after such demand and notice not to pay Act (Vic.), s. 529. the same to the owner have accrued and become payable by him unless he neglect or refuse, upon application made to him for that purpose by the council, truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable, but the burden of proof that the sum demanded of any occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall lie upon such occupier: Provided further that nothing herein contained shall be taken to affect any special contract made between any such owner and occupier respecting the payment of the expenses of any works or rates. 427. IF the occupier of any building or land prevent the owner thereof from carrying into effect, in respect to such Occupier obstructing building or land, any of the provisions of this Act after notice owner in carrying Act into effect. of Ibid., s. 531. Power of entry by officers of council. Ibid., s. 532. Penalties for obstructing the See ibid., s. 533. 59 Vict., No. 10, s. 229. Municipalities. of his intention so to do has been given by the owner to such occupier, any Justice, upon preof thereof, may make an order. in writing, requiring such occupier to permit the owner to execute all such works with respect to such building or land as may be necessary for carrying into effect the provisions of this Act, and if, after the expiration of ten days from the date of such order, such occupier continues to refuse to permit such owner to execute such works, such occupier shall, for every day during which he so continues to refuse, be liable to a penalty not exceeding Five pounds, and every owner, during the continuance of such refusal, shall be discharged from any penalty to which he might otherwise become liable by reason of his default in executing such works. Division 3.-Enforcement of the Act. 428. THE council shall have power by themselves or their officers to enter at all reasonable hours in the day time into and upon any building or land within the municipality for the purpose of executing any work or making any inspection authorised to be executed or made by them without being liable to any legal proceedings on account thereof: Provided always, that except herein otherwise provided, the council or their officers shall not make any such entry upon occupied premises until after notice for that purpose has been given to the occupier. 429. WHOSOEVER wilfully obstructs any inspector, or any member or officer of the council acting under the authority thereof, execution of this Act. or any officer or person duly employed in the execution of this Act, or incites any other person so to do, or destroys, pulls down, injures, or defaces any board, placard, or notice made or published under this Act, shall be guilty of an offence against this Act and liable for every such offence to a penalty not exceeding Five pounds; and if the occupier of any premises or any other person whomsoever wilfully prevents, or attempts to prevent, the owner thereof from obeying or carrying into effect the provisions of this Act or of any by-law made hereunder, he shall be guilty of an offence against this Act and liable to a penalty not exceeding Five pounds for every such offence. Council may direct Penalty for nonperformance of provisions of this Act. 430. THE council may order proceedings to be taken for the recovery of any penalty, and for the punishment of any person offending against the provisions of this Act, and may order the expenses of such prosecution or other proceedings to be paid out of the municipal fund. 431. WHERE any matter or thing is by this Act, or by any by-law, order, or notice, made and published under the authority hereof Municipalities. hereof, directed or forbidden to be done, or where any authority is 59 Vict., No. 10, given by this Act to any person to direct any matter or thing to be s. 230. done, or to forbid any matter or thing to be done, and such act so Ibid., s. 535. directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be deemed guilty of an offence against this Act. 59 Vict., No. 10, s. 230. 432. EVERY person guilty of an offence against this Act shall, for every such offence, be liable to the penalty expressly Penalty for offences. imposed by this Act, or by any by-law in force in that behalf, and, if no other penalty be imposed, to a penalty not exceeding Twenty Ibid., s. 536. pounds, payment of which may be enforced under the provisions of 14 Victoria, No. 5. 433. EVERY penalty payable in respect of any offence against Recovery of penalthis Act may be recovered in the manner expressly named in this ties. Act, or in any by-law lawfully in force in that behalf, and in case 59 Viet., No. 10, no manner of recovering the same is so named, before any Court Local Government of summary jurisdiction. s. 231. Act (Vic.), s. 537. Penalties to be paid 434. ALL penalties and other sums recovered at the instance or on behalf of the municipality under the provisions of this Act to council. shall, unless otherwise herein provided, be paid to the council, and 59 Vict., No. 10, shall become the property of and part of the ordinary income of the 8. 238. municipality. See ibid., s. 538. 435. ALL penalties recoverable against any municipality shall Application of penalbe payable to any party aggrieved, who may sue for the same. ties recovered Jurisdiction and .231. 436. ALL offences against this Act, or any by-law made hereunder, or under any of the repealed Acts. other than such as are recovery of penalties. declared to be misdemeanours, shall be punishable upon conviction 59 Vict., No. 10, before any Court of summary jurisdiction; and all informations and proceedings in respect of such offences shall be heard and determined, and the penalties, fines, and forfeitures in respect of the same shall be enforced, and all sums of money payable under this Act, the recovery whereof is not otherwise provided for, shall be recoverable according to the provisions of the Ordinance No. 5, passed in the fourteenth year of Her present Majesty. 437. WHEN the council borrow any money, as on the credit of the municipality, which the municipality is not legally bound to pay, or when any council purport or attempt to bind the municipality to pay any money borrowed, which the municipality is not legally Councillors borrow ing illegally liable to penalty. bid., s. 540. Proof in legal proceedings. 59 Vict., No. 10, s. 232. Proof of ownership or occupancy. Municipalities. legally bound to pay, every councillor who consents thereto shall, for every such offence, in addition to any liability to repay such money, be liable to a penalty of Fifty pounds, to be recovered with full costs of suit by any person who may sue for the same in any Court of competent jurisdiction. 438. IN any prosecution or other legal proceeding under the provisions of this Act, or any by-laws or regulations hereunder, instituted by or under the direction of the council, no proof shall be required: (1.) Of the persons constituting the council or the extent of the municipality; or (2.) Of any order to prosecute, or of the particular or general appointment of any town clerk, surveyor, or other officer of the council; or (3.) Of the authority of any town clerk, surveyor, or other officer of the council to prosecute; or (4.) Of the appointment of the mayor or town clerk or surveyor; or (5.) Of the presence of a quorum of the council at the making of any order, or of the doing of any act, until evidence is given to the contrary. 439. IN any legal proceedings under this Act, in addition to any other method of proof available: (1.) Evidence that the person proceeded against is rated as owner or occupier in respect of any land to any general, special, or extra rate for the municipality within which such land is situated; or (2.) Evidence by the certificate of the Registrar of Deeds, or his deputy, that any person appears from any memorial of registration of any deed, conveyance, or other instrument, to be the owner of any land, or evidence by a certificate signed by the Registrar of Titles. or any assistant or deputy registrar, and authenticated by the seal of the Office of Titles, that any person's name appears in any register book kept under the Transfer of Land Act, 1893, as owner of any land shall, until the contrary is proved, be evidence that such person is the owner or occupier, as the case may be, of such land. 440. |
