444
THE HONGKONG GOVERNMENT GAZETTE, 18TH MAY, 1889.
them, at the suit and for the use of Her Majesty, in like manner as in the case of other Crown debts; and a certi- ficate in the form in schedule (4) hereto annexed, or as near thereto as the circumstances of the case will admit, purporting to be under the hand of the Governor stating the total amount of such expenses, shall in any suit or other proceeding for the recovery of such debt be received in evidence without proof of the handwriting or of the official character of the Governor, and shall be deemed sufficient evidence of the amount of such expenses, and that the same were duly incurred, nor shall it be necessary to adduce on behalf of Her Majesty any other evidence in support of the claim, but judgment shall pass for the Crown with costs of suit, unless the defendant shall specially plead and duly prove that such certificate is false or fraudulent, or shall specially plead and prove any facts showing that such expenses were not duly incurred under the provisions of this Ordinance, provided nevertheless that in no case shall any larger sum be recovered on account of such expenses than a sum equal to twice the total amount of passage money received or due to and recoverable by or on account of the owner, charterer, or master of such passenger ship, or any of them, for or in respect of the whole number of passengers who may have embarked in such ship, which total amount of passage money shall be proved by the de- fendant, if he will have the advantage of this limitation of the debt; but if any such passengers are forwarded or con- veyed to their intended destination under the provisions of the last preceding section, they shall not be entitled to the return of their passage money, or to any compensation for loss of passage under the provisions of the said Passengers Act, 1855.
Passed the Legislative Council of Hongkong, this 6th day of May, 1889.
ARATHIOON SETH, Clerk of Councils,
Assented to by His Excellency the Governor, the 14th day of May, 1889.
FREDERICK STEWART,
Colonial Secretary.
Schedule (A.)
Form of Governor's Certificate of Expenditure,
1 horeby certify that acting under and in conformity with the Passengers Belief Ordinance. 1889, I have defrayed the expenses incurred in rescuing, maintaining, supplying with necessary bedding, provisions and stores (alter according to circumstaneus), and in for- warding to their destination passengers, who were proceeding from
in the passenger ship
which was wrecked at sen, &c. Estate nature of disaster and where it occurred if Passengers left behind according to circumstaners),
And I further certify that the total amount of such expenses is and such expenses were dudy incurred by me under the said
Ordinance.
Given under my hand the
day of
18
Signed),
Governor of Hongkong,