TRINIDAD AND TOBAGO.
East Dry River Improvement Rate.
AN ORDINANCE to provide for the method of payment
for certain public works in the East Dry River District
of the Town of Port-of-Spain and for the imposition of
an additional house rate in connection therewith.
S. W. KNAGGS,
8th November, 1912.
W HEREAS under the Public Works Loan Ordinance
1912, a sum of twenty thousand pounds has been
appropriated to the Dry River Improvement Scheme and
improvement of the drainage system of the district to the
East of the Dry River to be carried out by the Government,
and it is intended that of the said sum of twenty thousand
pounds there shall be repaid to the Government by the rate-
payers in that part of the town of Port-of-Spain lying to the
East of the Dry River the sum of five thousand pounds,
being the one-fourth part of the said sum of twenty thousand
pounds, together with such interest thereon as may be
determined by the Governor in accordance with the terms
and conditions under which the loan sanctioned by the said
Ordinance may be raised: Be it enacted by the Governor of
Trinidad and Tobago with the advice and consent of the
Legislative Council thereof as follows:-
No. 44. East Dry River Improvement Rate. 1912.
Short Title. 1. This Ordinance may be cited as the East Dry River
Improvement Rate Ordinance, 1912.
Interpreta- 2. In this Ordinance the terms "the Board," "the Chief
tion. Commissioner," and "the Town Clerk and Treasurer" shall
have the respective meanings assigned to them in the
Port-of-Spain Town Board Ordinance 1907 ; and the term
"Improvement Area" means the area described in the
Schedule to this Ordinance.
Ratetobe 3.-(1.) There shall be raised levied and paid to the
andhousein Board on all houses now erected or which may hereafter be
improvement erected within the improvement area, yearly, for such
number of years as may be determined by the Governor, in
accordance with the terms and conditions under which the
loan aforesaid may be raised, such annual rate or tax, not
exceeding 2 per centum on the annual rateable value of
every such house, as the Board may from time to time by
resolution declare to be the rate to be levied in respect of
the year named in such resolution.
(2.) Such rate or tax shall be due and payable in each
year on the 30th day of June.
Provided that the Board, in respect of any year, may
by resolution fix another date, not later than the 31st day
of August of such year, as the date on which such rate or
tax shall be due and payable under this Ordinance.
"House." 4. In this Ordinance the word house" so far as regards
the rate to be imposed and any sale or conveyance under
or by virtue of this Ordinance, shall be construed to extend
to and include any dwelling house, warehouse, stable, count-
ing house, store, manufactory, shop, workshop, shed or
other building whatsoever and the lands on which the same
respectively are built, erected or standing, and also any
lands appurtenant to or occupied with the same and not
Parcel of land. 5. Every parcel of land in the Improvement area not
appurtenant to or occupied with any house and not other-
wise rateable under this Ordinance shall be rated separately
at a rate not exceeding Two pounds per centum on the
annual rateable value of every such parcel of land.
Notice to rate 6.-(1.) The Board shall in every year, on some day
yes. before the date on which the rate or tax payable under this
No. 44. East Dry River Improvement Rate. 1912.
Ordinance shall be due and payable in respect of such year,
cause to be served on the owner of every house or parcel
of land liable to be rated under this Ordinance a notice
specifying the amount of the rate or tax payable in respect
of such house or parcel of land, and the time when and the
place where such rate or tax is to be paid.
(2.) The provisions of Section 82 of the Port-of-Spain service and
Town Board Amendment Ordinance (No. 14 of 1910) "aheticatio
relating to the service, address, and authenticationof notices,
orders, accounts and other documents required to be given,
served or delivered by the Board, shall apply to notices and
other documents required by this Ordinance to be given
served or delivered, and for this purpose the said Section
shall b- deemed to be incorporated with and to form part
of this Ordinance.
7. For the purposes of this Ordinance the annual vacation on
which rate to,
rateable value of every house and parcel of land liable to be computed.
be rated under this Ordinance shall in respect of each year
be that appearing in the house rate book in force for the
8. The rate payable on all houses and lands under this Incidence of
Ordinance shall be borne and paid by the owner of such ae
house or land, but the amount of such rate may be collected
from and paid by the tenant or occupier of any such house or
land or any part thereof, and such tenant or occupier may
deduct the amount so paid from the rent payable by him in
respect of such house or land.
9. Any rate payable under this Ordinance if unpaid at increase on
the expiration of three months after the same shall have arres.
become due and payable shall be increased at the rate of
ten per centum.
10.-(1.) Any ratesdue under this Ordinance together with Rate to be
any percentage increase which may have accrued under the premises, and
provisions of this Ordinance shall, until paid, be a charge obe reoera-
ble by sale,
on the house or parcel of land in respect whereof such rate action or dis-
is due and payable in priority to all other charges whatso-
ever affecting the same; and, without prejudice to such
charge and to the power of sale for the enforcement thereof,
the amount of such rates, together with the percentage
increase (if any), may be recovered from the owner for the
No. 44. East Dry River Improvement Rate. 1912.
time being of such house or parcel of land by action in any
court of competent jurisdiction, or by distress on any goods
and chattels which may be found in or upon such house or
parcel of land, including any moveable tenement standing
upon such parcel of land.
Procedure in (2.) The provisions of Sections 59 to 62, both inclusive,
Distress. of the Port-of-Spain Town Board Amendment Ordinance
No. 14 of 1910 prescribing the procedure in cases where
the Board are exercising powers of distress conferred on
them by any Ordinance, shall apply where the Board are
exercising the power of distress conferred by this Ordinance
for the recovery of arrears of rates due under this Ordinance,
and for this purpose the said sections shall be deemed to be
incorporated with and to form part of this Ordinance.
(3.) Provided that the Warrant of Distress referred to in
Section 60 of the above named Ordinance may be given by
the Chief Commissioner to any certificated bailiff, and the
powers and authorities conferred on the Town Bailiff under
the said section shall extend to and be exercisable by any
certificated bailiff to whom such warrant may be given.
Power of Sale 11.-(1.) The power of sale conferred by Section 63 of the
for the reco-
eyo arrers. Port-of-Spain Town Board Amendment Ordinance, No. 14 of
1910 shall apply for the recovery of any rates with any statu-
tory increases thereof due under this Ordinance; and the
provisions of Sections 64 to 73, both inclusive, of the said
Ordinance, which prescribe fhe conditions on which the power
of sale so conferred shall be exercised, the procedure to
be followed in the carrying out of such sale, the form and
effect of the conveyance by the Board and the application of
the proceeds of sale, shall apply to every sale for the recovery
of rates from time to time due under this Ordinance with
any statutory increases thereof, and for this purpose the said
sections shall be deemed to be incorporated with and to
form part of this Ordinance.
Power of sale (2.) The power of sale conferred by this section shall
to be indepen- be in addition to and independent of the power of distress
dent of Power
to distrain, conferred by Section 10 hereof, and may be exercised
whether the power to distrain or to sue has been previously
exercised or not, provided that at the time of such sale the
rate payable in respect of the house or parcel of land to be
No. 44. East -Dry River Improvement Hate. 1912.
sold or some part thereof be in arrear and unpaid for not
less than three months after the same became due under
12.-(1.) The rates collected under the provisions of this Appropriation
Ordinance shall be carried by the Board to a separate account elected under
to be entitled ",the East Dry River Improvement RatethisOrdinance.
Account," and from the aiCni:ullnts to the credit of such
account 'there shall be paid annually to- the Receiver-
General such sum as may be fixed by the Governor in
respect of interest and sinking fund on account of the sum
of 5,000 payable by the'ratepayers 4i the East. Dry River
Improvement Area, under the provisions of the Public
Works Loan Ordinance, 1912.
(2.) Provided that if and whenever before the raising
of the loan authorised for the improvement works to be
carried out in the East Dry River District any such improve-
ment works are undertaken and executed by the Govern-
ment with the concurrence of the Board, there shall be
paid to the Receiver-General from time to time out of such
rates so levied and collected by the Board such sum or sums
as represent interest at the current bank rate on the expen-
diture incurred by the Government in the execution of such
(3.) The surplus, if any, after paying such annual instal-
ment of interest and sinking fund or such interest on the
expenditure incurred by the Government on the execution of
such works pending the raising of the loan, shall be expended
from time to time by the Board in such further special
improvement works in the Improvement Area as may be
determined by them. Provided that any expenditure inci-
dental to the provisions of this Ordinance may be paid
from such surplus.
Passed in Council this Thirtieth day of October, in the
year of Our Lord one thousand nine hundred and twelve,
Acting Clerk of the Council
No. 44. East Dry River Improvement Bate. 191t.
The area lying within the following boundaries:-
North.-The southern boundary of the Belmont Improvement area.
East. -The Eastern boundary of the Town of Port-of-Spain.
West. --The St. Ann's or Dry River.