CO129-530-11 Suitors Funds Amendment Ordinance- 1931 15-5-1931 - 17-12-1931 — Page 13

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Copy.

13

Chapte: L

$108039 (Ord" 102),

Objects and Reasons.

The principal Ordinance was passed at the request of the

Secretary of State in his despatch of the 10th August, 1894,

somewhat on the lines of the Suitors' Funds Ordinance, 1891,

of the Straits Settlements, under which Court moneys were

placed on deposit with the Colonial Treasurer and the

Government was made liable to make good all moneys so placed

on deposit together with interest at the rate of two per cent

per annum. The Straits Settlements procedure is now regulate

by appropriate provisions of their Civil Procedure Code.

Sections 2 and 3 of the Suitors' Funds Ordinance, 1896,

require that all moneys paid into court should be placed on deposit with the Treasurer and should be paid out by the Treasurer only on the requisition of the Registrar. Under the existing practice moneys paid into court are paid by the Registrar into the account of the Government at such bank as the Treasurer may indicate and the Treasurer is infom-

ed daily of the amount paid in.

When payment out is required the Registrar issues to the intended payee a "Direction" (Form 4 prescribed by the Suit- ors' Funds Rules, 1928) requiring the Treasurer to pay to the person named therein a specified sum. The payee then takes the "Direction" to the Treasury where payment is made

in accordance with the tenor thereof.

Individual ledger accounts for actions in connection with which payments are made into court are kept only by the Registrar, the Treasurer keeping merely an account dealing with the total amounts paid into and out of the bank as

Suitors' Funds.

The keeping by the Treasurer of individual ledger accounts would, by reason of the multiplicity of items (largely small in amount), involve much labour and would be

reduplication

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