DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0351
A.D. 1850.]
ACT XXVI.
341
VII. The rules to be prepared by the said commissioners shall provide,
among other things, for those following, that is to say :
1. The appointment and management of all necessary officers and ser-
vants of the commissioners, and the salaries to be allowed to them :
2. The definition of the persons or property within the town or suburb
to be taxed for raising the moneys necessary for the purpose of this Act,
whether by house assessment or town duties, or otherwise ; the amount or
rate of the taxes to be imposed; the manner of raising and collecting
them, and ensuring the safety and due application of them when col-
lected.
3. The manner in which from time to time the rules in force are to be
amended or rescinded, and new rules are to be made, with the approval,
in every case, of the Governor, or Governor in Council, or Lieutenant-
Governor.
4. The definition and prohibition of nuisances within the town or
suburb.
5. The imposition of reasonable penalties for breach of any rule made
by the commissioners, not exceeding fifty rupees, or in the case of con-
tinuing nuisance, not exceeding five rupees for every day that such
nuisance is continued.
VIII. The commissioners appointed from time to time shall have full
power to make all necessary contracts for the purposes of this Act, and
apply the taxes raised as aforesaid in the necessary works, and in payment
of their officers and servants, and in the other expenses incident to the
execution of this Act within the said town or suburb.
IX. No commissioner shall be personally liable for any contract made
by the commissioners on behalf of the inhabitants of such town or suburb;
but every commissioner shall be liable for any misapplication of the
moneys collected, to which he shall have been knowingly party or privy,
or which shall have happened through gross neglect of his duty, and shall
be liable to be sued for the same as for money due to and at the suit of
the East-India Company.
X. The powers of Act II. 1839, for the recovery of fines, shall be
applied for the recovery of all arrears of taxes and penalties under this
Act; and every magistrate shall put in force the powers of the said
Act II. 1839, for that purpose, whenever thereunto required by the
commissioners, or any of their officers deputed by them for the purposes
of enforcing payment of arrears of taxes imposed under this Act.
XI. No rate on property made under this Act shall be invalid for defect
of form ; and it shall be enough in any such rate on property, or any assess-
ment of value for the purpose of making such rate, if the property rated or
assessed shall be so described as to be generally known; and it shall not be
necessary to name the owner or occupier thereof.
XII. All moveable property found in any house or building, or upon
any land assessed under this Act, may be seized and sold by warrant of a
/
Rules to be pre
pared.
Power of commis-
sioners to make con-
tracts and expend
money.
Commissioners not
personally liable, ex-
cept for misapplication
of moneys.
Recovery of arrears
of taxes and penalties.
through defect of form ;
or if property be de-
scribed as generally
Moveable property
liable to sale for ar-
rears.
ACT XXVI.
341
VII. The rules to be prepared by the said commissioners shall provide,
among other things, for those following, that is to say :
1. The appointment and management of all necessary officers and ser-
vants of the commissioners, and the salaries to be allowed to them :
2. The definition of the persons or property within the town or suburb
to be taxed for raising the moneys necessary for the purpose of this Act,
whether by house assessment or town duties, or otherwise ; the amount or
rate of the taxes to be imposed; the manner of raising and collecting
them, and ensuring the safety and due application of them when col-
lected.
3. The manner in which from time to time the rules in force are to be
amended or rescinded, and new rules are to be made, with the approval,
in every case, of the Governor, or Governor in Council, or Lieutenant-
Governor.
4. The definition and prohibition of nuisances within the town or
suburb.
5. The imposition of reasonable penalties for breach of any rule made
by the commissioners, not exceeding fifty rupees, or in the case of con-
tinuing nuisance, not exceeding five rupees for every day that such
nuisance is continued.
VIII. The commissioners appointed from time to time shall have full
power to make all necessary contracts for the purposes of this Act, and
apply the taxes raised as aforesaid in the necessary works, and in payment
of their officers and servants, and in the other expenses incident to the
execution of this Act within the said town or suburb.
IX. No commissioner shall be personally liable for any contract made
by the commissioners on behalf of the inhabitants of such town or suburb;
but every commissioner shall be liable for any misapplication of the
moneys collected, to which he shall have been knowingly party or privy,
or which shall have happened through gross neglect of his duty, and shall
be liable to be sued for the same as for money due to and at the suit of
the East-India Company.
X. The powers of Act II. 1839, for the recovery of fines, shall be
applied for the recovery of all arrears of taxes and penalties under this
Act; and every magistrate shall put in force the powers of the said
Act II. 1839, for that purpose, whenever thereunto required by the
commissioners, or any of their officers deputed by them for the purposes
of enforcing payment of arrears of taxes imposed under this Act.
XI. No rate on property made under this Act shall be invalid for defect
of form ; and it shall be enough in any such rate on property, or any assess-
ment of value for the purpose of making such rate, if the property rated or
assessed shall be so described as to be generally known; and it shall not be
necessary to name the owner or occupier thereof.
XII. All moveable property found in any house or building, or upon
any land assessed under this Act, may be seized and sold by warrant of a
/
Rules to be pre
pared.
Power of commis-
sioners to make con-
tracts and expend
money.
Commissioners not
personally liable, ex-
cept for misapplication
of moneys.
Recovery of arrears
of taxes and penalties.
through defect of form ;
or if property be de-
scribed as generally
Moveable property
liable to sale for ar-
rears.