The Local Government (Collection Of Rates) Act, 1924.

SAORSTÁT ÉIREANN. 27/05/1924: COLLECTION OF RATES (PRESCRIBED FORMS) ORDER, 1924

MINISTRY OF LOCAL GOVERNMENT.

In exercise of the powers vested in me by Section 1 of the Local Government (Collection of Rates) Act, 1924 , (hereinafter referred to as " the Act "), I, the Minister for Local Government, do by this my Order, order and prescribe as follows :—

1. This Order may be cited as the Collection of Rates (Prescribed Forms) Order, 1924.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. For the purposes of sub-section (1) of Section 1 of the Act

(i) the form No. 1 in the Schedule to this Order or a form to the like effect shall be the prescribed form on which shall be communicated to the Minister the particulars required by the said sub-section in relation to a defaulter.

(ii) the form No. 2 in the Schedule to this Order or a form to the like effect shall be the prescribed form of warrant to be issued by the Minister to an Under Sheriff.

4. The Secretary or Clerk of a local authority shall give public notice of the making of an order applying Section 1 of the Act to the local authority by causing to be posted throughout the area of jurisdiction of the local authority and by the insertion in one or more newspapers circulating in such area in each of two successive weeks of a notice in the form No. 3 in the Schedule to this Order.

GIVEN under my Seal of Office, this Twenty-

seventh day of May, in the Year of Our Lord

One Thousand Nine Hundred and Twenty-four.

(Signed)SÉAMUS DE BÚRCA,

Minister for Local Government.

FORM No. 1.

The Local Government (Collection of Rates) Act, 1924.

In pursuance of sub-section (1) of Section 1 of the Local Government (Collection of Rates) Act, 1924 , I, ........................ being the Secretary (or Clerk) of the .................................... (local authority) do hereby communicate to the Minister for Local Government the particulars set forth in the Schedule hereto in relation to defaulters and I do hereby certify that the particulars set out in the said Schedule have been verified by me and are correct.

Certificate of Rate Collector.

I, being the Rate Collector by whom the rates mentioned in Column IV of the Schedule hereto are collectable do hereby declare that the particulars contained in the said Schedule are correct and that I personally demanded payment of the rates due by the defaulters therein mentioned twice at least but have not obtained payment.

Certificate of Inspector.

I, ......................................, Inspector of the Ministry of Local Government do hereby certify that I have instructed the Secretary (or Clerk) of the said local authority to communicate to the Minister the particulars set out in the Schedule hereto with respect to the defaulters named therein.

(Signed) .......................................,

FORM No. 1—(continued.

THE LOCAL GOVERNMENT (COLLECTION OF RATES) ACT, 1924 .

SCHEDULE).

FORM No. 2.

The Local Government (Collection of Rates) Act, 1924.

To the Under-sheriff for the County of ..................................

In pursuance of sub-section (1) of Section 1 of the Local Government (Collection of Rates) Act, 1924 , I, the Minister for Local Government, do hereby certify the particulars set out in the Schedule hereunto annexed communicated to me by the Secretary (or Clerk) of the ........................................., being a local authority, to which the said section of the said Act has been applied by my Order, and I do hereby authorise you, the Under-sheriff for the County of ..................................., to levy in accordance with the provisions of the said Act the amounts of the rates set out in Column (6) of the said Schedule opposite to the names of the defaulters mentioned in Column (1) of the said Schedule.

GIVEN under My Seal of Office, this  day of

in the Year of Our Lord One Thousand Nine

Hundred and Twenty-four.

Minister for Local Government.

FORM No. 3.

The Local Government (Collection of Rates) Act, 1924.

Notice is hereby given that the Minister for Local Government, in pursuance of the powers vested in him in this behalf, has by order dated the  day of   , 1924, applies Section 1 of the Local Government (Collection of Rates) Act, 1924 , (No. 11 of 1924) to the ................................., being a local authority within the meaning of the said Act.

Under the powers vested in the Minister for Local Government by the said section, the said Minister is empowered to issue warrants to the Under-sheriff of the county authorising him to levy in accordance with the provisions of the said Act the amounts of poor rate or other rate due by any ratepayers who have made default in the payment of poor rate (or other rate) made by the said local authority for the local financial year ended the 31st day of March, 1924, or any previous local financial year, whose names have been communicated to him in accordance with the provisions of the said Act.

The attention of all ratepayers in default is directed to the powers given to the Under-sheriff for the execution of warrants by Section 2 of the said Act of which sub-section (1) enacts as follows :—

" 2. (1) Immediately upon receipt from the Minister of a warrant under this Act, the under-sheriff shall proceed to levy the sum therein certified to be due by the defaulter by seizing all or any of the goods, animals and other chattels within his bailiwick belonging to the defaulter named in the warrant or to be found on the rateable property mentioned in the warrant, and for such purpose the under-sheriff shall have the like powers of seizing all goods and chattels found on the rateable property as a poor-rate collector has under his warrant, and shall also have all such rights, powers, and duties as are for the time being vested in or imposed on an under-sheriff by law in relation to the execution of a writ of fieri facias."