THE HONGKONG GOVERNMENT GAZETTE, 17TH DECEMBER, 1870.
Crown Suits and Refund of Rates.
Crown.
XXXIV. Whenever a Cause of Action under any Contract Suits under entered into in Relation to any Department of the Public Service, $500 by and in which the Sum in Dispute shall not exceed Five hundred against the Dollars shall accrue to the Crown against any Person, or whenever any Person shall have 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.
XXXV. Section VIII of the Principal Ordinance, as to the Provisions as Splitting of a Cause of Action or Demand shall not apply to to splitting Proceedings under Ordinance No. 9 of 1869, or under the last Demands not preceding Section.
to apply to Crown Suits. Form of
XXXVI. The Certificate of the Colonial Treasurer in Actions brought by him under Ordinance No. 9 of 1869, shall be in the Form Certificate given in the Second Schedule hereto- or to the same Effect and the under Orili- Nature and Particulars of the Claims, which are required to be set nance No. 9 forth, shall comprise the several Matters specified at the head of of 1869. the different Columns in the said Form; and in Suits for the Recovery of Crown Rent the Certificate shall be signed by the Surveyor General as well as by the Colonial Treasurer.
XXXVII. The Colonial Treasurer may with the Approval of the speciat Judge appoint a Special Bailiff for the Service of Summonses, Bailiff under Subpoenas and other Process in Proceedings under Ordinance No. Ordinance 9 of 1869, and such Special Bailiff shall have in respect of such No. 9 of 1869. Proceedings the like Powers and be entitled to receive the same Fees for the Service of Process therein as the Bailiff appointed
under the Principal Ordinance.
Rates under
XXXVIII. In Proceedings under Section V of Ordinance No. 11 Amendment of 1867 for a Refund of Rates, it shall no longer be necessary to of Proceedings give Notice to the Colonial Treasurer of the Filing of the Petition for Refund of as therein provided, but every such Petition may be referred by Ordinance the Court to the Colonial Treasurer, who shall thereupon examine No. 11 of 1867. 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.
Costs.
the Court where
XXXIX. If any Action, which might have been tried and Consequences determined by the Court shall have been commenced in the Supreme of not Court, the Plaintiff if successful shall not be entitled by Reason proceeding iu thereof to any Costs unless the Chief Justice shall certify that the Case was a fit and proper one to be commenced in the Supreme practicable. Court; and in Case the Chief Justice shall certify that the Case was not a fit and proper one to be commenced in the Supreme Court the Defendant if successful shall have full Costs to be recover- able in the same Manner as other Costs: Provided always that Proviso. nothing herein contained shall apply to Proceedings commenced in the Supreme Court by the Attorney General on Behalf of the Crown.
XL. Notwithstanding the Repeal of Section XVIII of the Old Scale of Principal Ordinance, as hereinbefore provided, the Scale of Fees Fees to re- contained in Schedule 2 thereof, and referred to in the said Section, main in Force, shall remain in Force except so far as it relates to Fees of Attornies except as to which last mentioned Fees shall be regulated in accordance with the Scale contained in the Third Schedule to this Ordinance.
Attornies.
XLI. In Proceedings for Attachment of Debts or in Foreign Fees of Court Attachment, the Fees of Court specified in the Third Schedule in Attachment hereto shall be paid in Addition to all other Fees payable in the Cases. Action out of which the Proceedings shall arise.
Fees.
XLII. It shall be lawful for the Judge in Addition to the Power, Judge may vested in him by Section XXXIII of the Principal Ordinance, from regulate aud Time to Time by any such Order as therein mentioned, to vary vary Scale of the Scale of Court Fees, and Bailiffs' Fees, and the Fees of Attor- nies for the Time being in Force in the Court, and also to regulate the Amount of any Fees for which no Scale may be provided.
XLIII. Costs may be ordered to be paid by either Party in Costs in Actions brought by the Colonial Treasurer under Ordinance No. 9 Crown Suits. of 1869 or by or against any Public Officer under Section XXXIV of this Ordinance, in the same Manner as in Actions between pri- vate Parties, and in every Case in which Costs shall be decreed against the Colonial Treasurer or such Public Officer, the same shall be paid by the Crown, and upon a Certificate under the Hand of the Judge or of the Chief Justice on Appeal to the Effect that the Sum therein mentioned is payable by the Crown under the Judgment of the Court, it shall be lawful for the Colonial Trea-
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