342
THE HONGKONG GOVERNMENT GAZETTE, 28TH AUGUST, 1875.
Colonial Trea-
surer may she for rent, assess-
II. Whenever any person makes default in payment of any sum of money due or payable by him to the Crown in respect of ments and fees, rent, or of any assessment for rates, or in respect of any fees or forfeitures, or of any instalment thereof, the Colonial Treasurer may recover the same by suit in the Summary Jurisdiction of the Supreme Court; and may do so although the amount claimed exceed one thousand dollars.
[9 of 1869 9.2].
Service of writ of summons. [9 of 1869 9. 4].
Certificate of
III. The writ of summons in any such suit shall be taken to have been duly served, if it appear to the satisfaction of the court that the writ was left at the defendant's residence or place of business, or in case the same is unknown then that it was left on the tenement or premises in respect of which the claim is made.
IV. A certificate purporting to be under the hand of the Colo- Colonial Trea- nial Treasurer, and setting forth that the sum claimed is due or payable to the Crown, and that the person sued is liable to the payment thereof, and specifying the nature and particulars of the claim, shall be prima facie evidence of the facts certified therein and of the signature of the Colonial Treasurer thereto.
surer to be evidence. [9 of 1869 s. 2).
Form of certificate. [14 of 1873 s. 15].
Surveyor Ge- neral to sign
certificate for recovery of Crown rent.
[14 of 1873
s. 16].
Colonial Trea-
surer may
appear by any
person. (9 of 1869
s. 5].
Court may
Such certificate shall be sufficient if made in the form in the schedule hereto, or to the like effect.
V. In suits for the recovery of Crown rents, the certificate shall not be sufficient unless it purports to be signed by the Surveyor General, as well as by the Colonial Treasurer.
VI. In all matters under this Ordinance, the Colonial Treasurer shall sue as Colonial Treasurer, but may be represented in the court by any person whom he shall appoint in that behalf.
VII. In all cases under this Ordinance, the court may award award interest. interest at the rate of
per centum per annum upon the
[9 of 1869 sum recovered from the day when the same became due or payable.
s. 3].
Saving of other
VIII. Nothing herein contained shall affect any other remedy remedies of the of the Crown for the recovery of such sums as aforesaid.
Crown.
[9 of 1869
B. 6].
Colonial Trea-
IX. The Colonial Treasuer may, with the approval of the court, surer may ap- appoint a special bailiff for the service of process in proceedings point a special under this Ordinance; and such special bailiff shall have in res- pect of such proceedings, the like powers, and shall be entitled to receive the same fees for the service of process therein as the bai- liff of the Supreme Court.
bailiff. [14 of 1873 s. 17].
Commence- 'ment and
repeal.
X. This Ordinance shall take effect upon a day to be hereafter proclaimed by the Governor; and thereupon Ordinance No. 9 of 1869, and sections XV, XVI, XVII, and XVIII of Ordinance No. 14 of 1873 shall be and they are hereby repealed.
If any proceedings have been commenced under the said Ordi- nances before the repeal thereof, such proceedings may be com- pleted, and the sums claimed may be recovered, as if this Ordi- nance had not been passed.
SCHEDULE.
Form of Colonial Treasurer's certificate under section 4.
Nature and particulars of claim for crown rent.
1
2
Name of defendant.
Amount claimed.
3
4
5
No. of crown lot in respect of which the rent is claimed. Term of lease.
Whether defendant is original lessee or assignee in pos- session by purchase or mortgage.
For what period the rent claimed and when due.
Nature and particulars of claims for police, lighting, water, and
fire brigade rates.
1
2
4
5
Name of defendant.
Amount claimed.
No. of tenement in respect of which rates payable.
Whether defendant is owner or occupier.
For what period rates claimed and when due.