27 VICTORIA, No. 203. Section 2. Section 6. Section 8. To the Worshipful the Justices of the Peace acting in and for the District of in Victoria do hereby give notice that it is my intention to apply to the next annual meeting for the Licensing of Auctioneers to be holden for this district for an Auctioneer's "General [or 'District' as the case may be] License." Given under my hand this day of 186 E.F. Form of Certificate to be attached to the above to be signed by six respectable householders resident in the District : "We hereby certify that we are well acquainted with E.F. the above applicant and know him to be a respectable person and fit to be entrusted with an Auctioneer's License. (Signed) SCHEDULE III. ............ ............ Form of an Auctioneer's License. Whereas E.F. of hath deposited in this office a certificate from the justices of the peace assembled in petty sessions at on the day of [or of a single justice as the case may be] authorising the issue to the said E.F. of a General [or "District" as the case may be] Auctioneer's License under authority of "The Sales by Auction Statute 1864. And whereas the said E.F. has paid to me the sum of twenty-five pounds [or the sum proportionate to the period such license shall have to run] Now I the Treasurer of Victoria for such other officer as may have been appointed in that behalf as the case may be] do hereby license the said E.F. to act as an auctioneer in Victoria [or “for the district of in Victoria" as the case may be] And this license shall continue in force until and inclusive of the 31st day of December A.D. 186 provided it be not forfeited in the meantime according to the provisions of the said Act. Given under my hand at this (Signed) day of 186 In case of sale of any number of cattle exceeding three belonging to one owner a general description only of such cattle need be registered. AUDIT. 27 VICTORIA, No. 203. Section 20. 20+Botic An Act to amend the Law for the Collection and Preamble. W Payment of the Public Moneys the Audit of the Public Accounts and the Protection and Recovery of the Public Property.") [24th February 1859.] HEREAS since the passing of an Act made in the twentyfirst year of the reign of Her present Majesty and numbered XXIV. the office of Auditor-General has been duly and lawfully abolished and the annual salary appropriated to that office by "The Constitution Act" has become merged in the consolidated revenue, and in pursuance of the said first-mentioned Act the Governor with the advice of the Executive Council has appointed three fit persons (a) This Act applies to the Board of Land and Works-see 29 Vict. No. 289 s. 21; and its operation saved under 33 Vict. No. 344 s. 37, "Lands Compensation Statute 1869." No. 86. to be "Commissioners of Audit;" And whereas it is necessary to 22 VICTORIA, amend the said first-mentioned Act and to limit the operation thereof: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): No. 19 s. 347; 21 1. The said first-mentioned Act and the three hundred and Repeal of 19 Viet. forty-seventh section of an Act passed in the nineteenth year of the vict. No. 24. reign of Her present Majesty intituled "An Act to alter and simplify the practice and mode of procedure in an action at law and for other purposes in relation thereto" shall be and the same are hereby repealed, except so far as may be necessary for the prosecution and punishment of offences already committed but all acts and proceedings commenced done or taken under the said first-mentioned Act before the passing hereof shall be valid and effectual and shall be completed prosecuted and continued as if this Act had not been passed. framed. 2. It shall be lawful for the Governor in Council from time to Regulations to be time to frame such regulations (not inconsistent with the provisions of this Act) as may appear to be necessary and expedient for the purposes of this Act; and all such regulations shall be laid before both Houses of Parliament within fourteen days after the framing thereof if Parliament be sitting and if Parliament be not sitting then within fourteen days after the next meeting of Parliament. commissioners of 3. The said commissioners shall hold their offices and have Appointment of exercise and perform the same privileges disabilities salary power audit. authority and duties as if they had been appointed after the passing of this Act; and in case of the death resignation or removal of any of the said commissioners or the successor in office of any such commissioner, it shall be lawful for the Governor in Council to appoint some other fit person in his stead. and capabilities. 4. No commissioner appointed under this Act shall during his Their salaries continuance in such office be capable of being a member of the Executive Council or of either House of Parliament; and each of the said commissioners shall receive a clear annual salary of one thousand pounds; and such salaries shall be a charge upon and paid out of the consolidated revenue after and subject to the payment and satisfaction of all other sums which at the time of the passing of the first-mentioned Act were by law permanently charged thereon. from office or 5. The commissioners shall hold their offices during good How removed behaviour, and shall not be removed therefrom unless an address suspended. praying for such removal shall be presented to the Governor by the Legislative Council and Legislative Assembly respectively in the same session of Parliament or by the Legislative Assembly alone in two consecutive sessions thereof; and at any time when Parliament is not sitting, it shall be lawful for the Governor in Council to suspend any commissioner from his office for inability or misbehaviour; and when and so often as the same shall happen a full statement of the cause of such suspension shall be laid before both Houses of Parliament within seven days after the commencement of the next session thereof; and if an address shall at any time during No. 86. 22 VICTORIA, that session be presented to the Governor by the Legislative Council or Legislative Assembly praying for the restoration of such commissioner to his office, such commissioner shall be restored accordingly; but if no such address shall be so presented it shall be lawful for the Governor in Council to confirm such suspension and to declare the office of such commissioner to be and the same shall thereupon become and be vacant as if such commissioner were naturally dead. Commissioners to make a declaration. 6. The commissioners hereafter to be appointed before they shall enter upon the duties or exercise the powers vested in them by this Act shall make and subscribe before the Executive Council a declaFirst Schedule. ration in the form contained in the First Schedule to this Act; and every such declaration shall be kept among the records of the said Council. Appointment of deputy. Appointment of receivers. Appointment of collectors. Penalty for omitting to receive or collect. Collectors to pay receivers. 7. In the case of the illness suspension or absence of any of the said commissioners, it shall be lawful for the Governor in Council to appoint some other person to act as the deputy of such commissioner during such illness suspension or absence; and every such person shall make and subscribe a declaration in the form last aforesaid, and shall during the time for which he shall act as such deputy have all the powers and perform all the duties of such commissioner. 8. It shall be lawful for the Governor in Council from time to time to appoint as many fit persons as are needed to be and be called "Receivers of Revenue," and to direct at what town or place such persons respectively shall act in that capacity; and it shall be the duty of such persons to receive all moneys which shall be paid to them as hereinafter directed. 9. It shall be lawful for the Governor in Council from time to time to appoint as many fit persons as are needed to be and be called "Collectors of Imposts," and to direct at what town or place and within what limits or district such persons respectively shall act in that capacity; and it shall be the duty of such persons to collect at the town or place and within the limits or district aforesaid all such moneys for or on account of the consolidated revenue as the Governor in Council shall from time to time require.(") 10. If any such receiver or collector as aforesaid or any other person in the public service to whom any money shall be legally payable for or on account of the consolidated revenue shall wilfully or negligently omit to receive or collect such money, he shall forfeit a sum not exceeding twice the amount of the money so omitted to be received or collected. 11. Every such collector and other person as aforesaid shall pay all money which shall come to his possession or control for or on account of the consolidated revenue to the receiver of revenue at such town or place and in such manner as the Governor in Council shall from time to time appoint, and at such intervals as the Treasurer shall from time to time direct; and if any such collector or other person as aforesaid shall fail to pay the same as herein before directed, he shall forfeit a sum not exceeding one hundred pounds. (a) The curator of intestates' estates is a collector within this section-27 Vict. No. 230 s. 29. So is the master-in-equity-36 Vict. No. 435 s. 2. |