THE HONGKONG GOVERNMENT GAZETTE, 5TH JULY, 1873.
Ibid, s. 13.
1 of 1871, s. 32.
Ibid, s. 38.
Ibid, s. 30.
Ibid.
Ibid, s. 37.
Ibid, s. 35.
upon Proof of Service of the Summons and of the Neglect or Refusal of the Tenant or Occupier, the Court may issue a Warrant to the Bailiff requiring and authorizing him, within not less than Seven or more than Ten clear Days from the Date of such Warrant to give Possession of the Premises to such Landlord or Agent; and such Warrant shall be a sufficient Authority to such Bailiff to enter upon the Premises with such Assistants as he shall deem necessary, and to give Possession accordingly: Provided that no such Entry be made on a Sunday, Good Friday, or Christmas Day, or except between the Hours of Nine in the Morning and Four in the Afternoon.
XV. Having regard to the annual Amount aforesaid, where Provisions as an Arrear of Six Months' Rent shall be due on any Lands or to Arrears of Premises, and not paid after due Demand, and no sufficient Dis- Rent. tress on the Lands or Premises to satisfy such Arrear, it shall be lawful for the Landlord to proceed in Manner aforesaid, and for the Court to make a Decree for putting such Landlord into Pos- session, unless the Rent and Costs of Proceedings be paid within One Fortnight from the pronouncing of such Decree.
Crown Suits.
Crown.
XVI. Whenever a Cause of Action under any Contract entered Suits under into in relation to any Department of the Public Service, in $500 by and which the Sum sought be recovered shall not exceed Five Hundred against the Dollars shall accrue to the Crown against any Person, or whenever any Person shall have a Claim against the Crown under any such Contract, the Chief Officer of such Department may sue and be sued on Behalf of the Government in respect of such Cause of Action or Claim in and by his official Capacity and Designation: Provided always that no such Suit shall be commenced without the Consent of the Attorney General, and that nothing herein contained shall affect any other Remedy in respect of such Cause of Action or Claim.
11 of 1867.
Ordinances No. 11 of 1867 and No. 9 of 1869. XVII. The Term of Ten Days within which Claims for a Refund Provision as to of Rates may be filed under Section V of Ordinance No. 11 of Section 5 of 1867, is hereby extended to Fifteen Days, and in Proceedings under the said Section for a Refund of Rates, it shall no longer be necessary to give Notice to the Colonial Treasurer of the Filing of the Petition as therein provided, but every such Petition shall be referred by the Court to the Colonial Treasurer, who shall thereupon examine into the Correctness of the Claim and return the same to the Court with an Endorsement to the Effect that the same is admitted, or not admitted, as the Case may be; and in Case the Claim shall not be admitted, the Colonial Treasurer, or some Person on his Behalf, shall appear in Opposition thereto on such Day as the Court shall appoint.
XVIII. The Certificate of the Colonial Treasurer in Actions Form of Certi- brought by him under Ordinance No. 9 of 1869, shall be in the fate of Forma given in the Schedule hereto, or to the same Effect, and the Colonial
Treasurer
Nature and Particulars of the Claims, which are required to be set under Ordi- forth, shall comprise the several Matters specified at the Head of nance No. 9 the different Columns in the said Form.
of 1869.
XIX. In Suits for the Recovery of Crown Rent, the Certificate Certificate to shall be signed by the Surveyor General as well as by the be signed by Colonial Treasurer.
Surveyor General and Treasurer.
nance No. 9 of 1869.
XX. The Colonial Treasurer may, with the Approval of the Special Bailiff Court, appoint a Special Bailiff for the Service of Summonses, under Ordi- Subpoenas, and other Process in Proceedings under Ordinance No. 9 of 1869, and such Special Bailiff shall have in Respect of such Proceedings the like Powers and be entitled to receive the same Fees for the Service of Process therein, as the Bailiff of the Court.
XXI. The Provisions of Section XIII shall not apply to Pro-Splitting of ceedings under Ordinance No. 9 of 1869.
Claims.
Summary Jurisdiction in Equity. XXII. It shall be lawful for the Supreme Court to exercise a Equitable Summary Jurisdiction in Equity in the Suits or Matters hereinafter Claims. mentioned, that is to say:-
1. In all Suits by Creditors, Legatees (whether specific, pe- See 28 & 29 cuniary, or residuary), Devisees, or next of kin, in which Vic., c.99; 30 the personal Estate against or for an Account or Adrai- 142, s. 9; and & 31 Vic., e. nistration of which the Demand may be made shall not also 31 & 32 exceed in Amount or Value the Sum of One Thousand Vic., e. 40, s. Dollars.
2. In all Suits for the Execution of Trusts in which the Trust Estate or Fund shall not exceed in Amount or Value the Sum of One Thousand Dollars.
3. In all Suits for Foreclosure or Redemption, or for enforcing any Charge or Lien, where the Mortgage, Charge, or Lien shall not exceed in Amount the Sum of One Thousand Dollars.
12.
:
291