1398
Title.
Short title.
Colonial Treasurer may sue for rent, assessments and fees.
[9 of 1869 s.1]
Service of writ of summons.
[19 of 1869 s. 4.]
Certificate of Colonial Treasurer to be evidence.
[9 of 1869 s. 2.]
Form of certificate.
[14 of 1873 s. 15.]
Surveyor General to sign certificate for recovery of Crown rent.
[14 of 1873 s.16.]
Colonial Treasurer may appear by any person.
[19 of 1869 s. 5.]
ORDINANCE No. 13 OF 1875.
Crown Remedies.
No. 13 of 1875.
An Ordinance for consolidating and amending the law relating to the speedy recovery of Crown Debts for Rents and for Assessments, Fees and Forfeitures.
[7th September, 1875.]
BE it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :-
1. This Ordinance may be cited as "The Crown Remedies Ordinance, 1875."
2. Whenever any person makes default in payment of any sum of money due or payable by him to the Crown in respect of 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.
3. 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.
4. A certificate purporting to be under the hand of the Colonial 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.
Such certificate shall be sufficient if made in the form in the schedule hereto, or to the like effect.
5. In suits for the recovery of Crown rents, the certificate shall not be sufficient unless it purports to be signed by the Surveyor General ["Land officer" as amended by Ordinance No. 3 of 1888,] as well as by the Colonial Treasurer.
6. 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.