to be levied from 34. The value of any private or public property whether real 28 VICTORIA, or personal which shall be wilfully and unlawfully injured or No. 247. destroyed in such proclaimed district after the date at which it shall Losses in prohave been found that such district first was or became in such state claimed districts of disturbance as aforesaid shall be assessed; and such value so inhabitants assessed shall be charged upon such proclaimed district and levied upon and paid for by the inhabitants thereof in the manner and with the restrictions and provisions hereinafter mentioned. thereof. each proclaimed 35. Upon publication of any such proclamation the Governor Appointment of in Council shall appoint a fit and proper person to be a commissioner commissioner for for the purpose from time to time of investigating and ascertaining district. the amount of expense which has been and may be incurred by enforcing this Part of this Act within the district proclaimed in such proclamation, and the amount of loss or damage which any person in such district may have sustained in or by any riot or disturbance which may have taken place in such district, and for otherwise acting in conformity with this Part of this Act; and the Governor in Council may such commissioner remove and another or others appoint in his place as to the Governor in Council may seem fit. mission to be claimed district. 36. Any expense which may be incurred for the salary or Expense of comemoluments of the commissioner or his clerks or assistants or for levied from inany jurors rate collectors or assessors or for the rent of any office or habitants of proother necessary buildings or in any other manner in carrying out the provisions of this Part of this Act shall be charged upon such proclaimed district, and levied upon and paid by the inhabitants thereof in manner hereinafter provided. compensation for 37. The commissioner appointed for any district shall as soon Time and place as conveniently may be give notice of a time and place when and of claims for where may be sent to him and will be received by him all state- losses in proments of claims by persons who have sustained any loss or damage by such injury or destruction as aforesaid. claimed district. losses by the Crown. 38. If any public building or works or other property real or Claimant for personal belonging to the Crown have been destroyed or have suffered damage by any disturbance within any proclaimed district, the person left or being in charge of any such buildings works or property shall for the purposes of this Part of this Act be deemed taken and allowed to be the claimant for the amount of the loss or damage sustained. claim. 39. Every statement of claim shall be in writing, and shall Requisites of distinctly state the exact nature and extent of the injury or destruction sustained, the value of the property injured or destroyed, the date and place when and where such injury or destruction took place, the names and residences of all persons whom the claimant knows or believes to have been present or active in inflicting such injury or destruction, and a detail of what measures the claimant has taken to bring the offending parties to justice and prevent such injury or destruction or recover from them the amount of the injury and destruction thus by them inflicted. Notice when and sioner will inves 40. Upon the receipt of any such statement of claim the com- where commismissioner shall appoint à convenient time and place, and shall give tigate claims. 28 VICTORIA, to all parties interested notice, when and where such statement will be investigated as hereinafter provided. No. 247. Summoning of jury to try claims. Commissioner may summon witnesses and others and shall court of general have powers of sessions and its chairman. Mode of impanel sors to try each claim. 41. So soon as the time named by the commissioner of any proclaimed district for transmission of statements of claims as aforesaid has expired and seven days before the day named for investigating such statements, the commissioner shall cause to be summoned from the list of special jurors for such district or any part thereof not less than twenty jurors for such investigation. 42. Such commissioner shall issue subpoenas for the attendance of any person whose evidence he may think it necessary to take; and during such investigation he shall in reference to such jurors witnesses and other persons have the like and the same powers to punish any neglect to attend or refusal to be sworn or to give evidence or any other contempt as are possessed by a court of general sessions or any chairman of such court. 43. On the day on which such jurors have been summoned to ling jury of asses- attend the said commissioner shall proceed to call over the names of the jurors thus summoned and take down the names of those who answer; and if any objection be made against any of such jurors by any householder or other interested party on such grounds as shall be allowed by such commissioner, such juror shall be rejected; and when such list of those who answer shall be completed to ten against whom no objection has been allowed, the same list shall be submitted to the claimant who may attend personally or by his agent or attorney and who may strike off from such list five names; and the remaining five persons shall be assessors with the said commissioner to assess and award the amount (if any) to which such claimant shall be entitled. Matters to be tried by the commissioner and claim. 44. Such commissioner and assessors shall proceed to ascertain (firstly) whether the injury or destruction for which such compenassessors in each sation is claimed was wilfully and unlawfully committed, whether such injury or destruction might not have been prevented by reasonable diligence or caution on the part of the person claiming, whether such person so claiming has used reasonable diligence to bring the guilty parties to justice, and whether by reasonable diligence he might not have recovered from the offending persons the amount of such injury or destruction; and (secondly) what amount of damage for the injury or destruction so sustained should be awarded to such claimant. Conditions under may be made in favor of a claimant. 45. If the said commissioner and assessors be of opinion that which an award such injury or destruction was wilfully or unlawfully committed and that such claimant could not by reasonable diligence or exertion have prevented such injury or destruction that such claimant has used reasonable diligence to bring the guilty person to justice and that such claimant could not by any reasonable diligence have recovered from the offending persons the amount of such injury or destruction, such commissioner and assessors shall ascertain and award to such claimant such amount of damage or compensation as to such commissioner and assessors shall seem right and proper. Unsuccessful claimant made liable for costs. 46. If such commissioner and assessors shall find that such claimant hath not under this Part of this Act any right to any No. 247. compensation or amount for any damages injury or destruction 28 VICTORIA, alleged to have been sustained by him, such claimant shall at the discretion of such commissioner be liable to any expenses incurred in consequence of such claim whether for the payment of jurors the expenses of witnesses or otherwise. cess to recover 47. Such expenses shall be assessed by such commissioner and summary proassessors, and may be recovered by proceedings in a summary way such costs. before any justice or justices. expenses of en upon and levied of the proclaimed 48. The commissioner after having ascertained the total amount Gross awards and to be awarded to all the claimants as aforesaid shall proceed to as- forcing the Act certain the amount of expenses incurred in the carrying into effect to be charged the provisions of this Part of this Act, to which shall be added the from inhabitants probable expense of making collecting and enforcing the rate of district. assessment hereinafter provided: and for the purpose of so ascertaining the amount expended such commissioner shall be furnished with all necessary accounts documents and vouchers and shall certify the amount thereof in writing; and the amount so certified together with the total amount awarded for loss or damage sustained as aforesaid shall be levied upon the inhabitants of the district so proclaimed by way of assessment in manner hereinafter provided. of habitations proclaimed dis 49. The commissioner shall cause an account to be taken of the Commissioner number of habitations in such district and of the number of adult shall take census persons usually resident in each habitation, and shall then apportion and persons in to each habitation an amount to be assessed thereon according to the trict and assess number of adult persons usually resident therein in proportion to charged. the amount required to be paid by such district, so that each adult inhabitant may be assessed in equal portion as nearly as may be of the total amount to be paid by the district. the amount lish such census and notice of the 50. The commissioner shall by notice in the Government The commisGazette and in some one newspaper published in or nearest to such sioner shall pubproclaimed district give public notice of the number so taken of the and assessment habitations and residents in such district and of the assessments time and place thereon so made, and that he will at a day and place to be fixed in he will hear such notice not earlier than seven days from the day of such pub- objections. lication hear and determine upon all such objections to such assessment. when and where investigate ob 51. Such commissioner shall attend on such day and at such The commisplace and shall investigate all such objections and may from time to sioner shall time adjourn such investigation and summon any necessary witnesses jections and to give evidence in regard thereto; and such commissioner shall them. decide upon such objection and his decision shall be final and conclusive. determine on in Gazette and one 52. Upon the final adjustment of such assessment the said Final adjustment commissioner shall cause notice thereof and of the office or place at to be published which the same must be paid to be published in the Government Ga- newspaper. zette and some one newspaper published in or nearest to such district. cover assessment 53. If after seven days from such publication any person liable summary proto the payment of such assessment shall neglect or omit to pay the cover some same into the office or place named in such notice, such commissioner from defaulters. may issue his warrant to levy the same by distress and sale of the No. 247. 28 VICTORIA, goods and chattels of the owner or occupier of the habitation so assessed; and if sufficient goods and chattels cannot be found upon such premises, such assessment shall remain a charge upon such premises and may at any future time be levied and recovered on or from goods found thereon. Commissioner shall pay into Treasury all receipts and give certificates to claimants. Payment out of deducting 54. On receipt by such commissioner of any part of the sums so assessed he shall pay the same into the Treasury, and shall from time to time give to each person entitled to any such compensation a certificate for the amount unpaid and to which, proportionately to the sums so received as aforesaid and after deduction of the expenses hereinafter mentioned such person may be then entitled. 55. On production of such certificate the Treasurer of Victoria shall after deducting from the amount so certified by the commissioner the expenses incurred in carrying into execution this Part of this Act and ascertained as aforesaid, pay to the party entitled thereto the amount named in such certificate or if the same be for loss or injury on the part of the Crown shall deduct and retain the "An Act for preventing Tumults and Riotous The whole. "An Act to prevent for a limited time Party The whole. bitions in the Colony of New South Wales" The whole. The whole. "An Act to continue an Act intituled An The whole. "An Act for securing the freedom of the deli- The whole. So much of the said Act and of the Schedule thereto as relates to Acts 10 Vict. No. 1 13 Vict. No. 10 and 19 Vict. No. 1 herein before in this Schedule mentioned. The whole. An Act to Consolidate the Laws relating to the [1st June 1865.] BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. This Act shall come into operation on the first day of June Title of Act. One thousand eight hundred and sixty-five and shall be called and may be cited as "The Volunteer Statute 1865." 2. The Act mentioned in the Schedule hereto to the extent to Repeal of Act. which the same is therein expressed to be repealed shall be and the Schedule. same is hereby repealed. Nothing herein shall be deemed to affect or render invalid any regulation appointment or promotion lawfully made or any act or thing lawfully done before the coming into operation of this Act under the authority of the Act hereby repealed. |