694702-1875-Bills-read-first-time-Appropriation-1876-Compilation-of-Ordinances-Extradition-Rating-Crown-Remedies-Companies-Amendment- — Page 6

THE HONGKONG GOVERNMENT GAZETTE, 28TH AUGUST, 1875.

[5 of 1863 s.12, 13 and 11 of

levied as one rate, and shall be paid in advance at the Colonial payable in Treasury at such times as the Governor in Council may appoint, advance. The Governor in Council shall appoint the days of payment at the time of assessing the rates, and shall forthwith cause the rate 1867 s. 3]. of assessment and the days of payment to be published in the Gazette.

XXI. The owners and occupiers of all tenements shall be liable Rates to be an to the Crown for payment of the rates assessed thereon, but the occupier's tax. same shall be deemed an occupier's tax; and, as between the 11 of 1867

(s. 9]. owner and occupier of any tenement, shall, in the absence of any agreement to the contrary, be borne by the occupier; and the amount thereof, if paid by the owner, may be recovered by him from the occupier in an action for money paid to his use, or, if he is still in occupation of the tonement, by distress in the same manner as for rent at common law.

rates.

XXII. The rates paid into the Colonial Treasury shall be ap- Application of plied in payment of the police establishment and of the connected therewith;

expenses

In payment of the expenses connected with lighting the City of Victoria;

In maintaining the water works and in payment of the ex- penses connected therewith;

And in maintaining the fire brigade, and in payment of the expenses connected therewith.

XXIII. If any person fail to pay any rates for which he is liable, Recovery of upon the day notified in the Gazette as the day for payment, the rates. Colonial Treasurer may recover the same by suit in the Sum- [11 of 1867 mary Jurisdiction of the Supreme Court, together with interest s. 4].

per centum per annum until the day of of 1875.

at the rate of payment.

See Ordinance

tenement.

XXIV. Whenever any tenement is uninhabited during any Refund of rates quarter or other period in respect of which the rates upon such for uuinhabited tenements were paid in advance, or during any one or more [11 of 1867 entire months of such period, the Colonial Treasurer shall refund s. 5]. the rates for such period, or an amount proportioned to the mouths when the tenement was uninhabited.

s. 5).

XXV. Such refund may be obtained in the following manner: Mode ofobtain- (a). The person claiming the refund, or some person on his ing refund. behalf, shall, within fifteen days after such quarter or [11 of 1867 other period expires, file in the Summary Jurisdiction of the Supreme Court a petition in the form D in the schedule hereto, verified by the affidavit or declaration of the petitioner.

(b). The court shall refer every such petition to the Colonial [14 of 1873 Treasurer, who shall return the same to the court with s. 14].

an endorsement to the effect that the claim, or any portion thereof, is admitted, or that it is not admitted, as the case may be, and in case the claim be not admitted, the Colonial Treasurer, or some person on his behalf, shall appear in opposition thereto on such day as the court shall appoint.

(c). If the court is satisfied that the petitioner is entitled [11 of 1867 to the refund claimed, or to any portion thereof, the s. 5]. Judge shall certify to the amount by endorsement on the petition in the form E in the schedule hereto. XXVI. The court may adjudicate upon a petition for a refund Court may of rates, although the claim exceeds one thousand dollars: and entertain for the purpose of such adjudication, may receive any evidence it petition

thinks fit.

exceeding $1,000. [11 of 1867 8. 6].

XXVII. The Colonial Treasurer may refund any amount cer- Colonial tified by the Judge, upon delivery of a copy of the certificate Treasurer to sealed with the seal of the court, and bearing the petitioner's

refund upon receipt for the amount.

a copy of the certificate. [11 of 1867 s. 7].

XXVIII. The Governor may, if he thinks fit, for any cause Governor may whatever, order the Colonial Treasurer to refund the whole or order refund. any portion of any rates paid by any person.

[11 of 1867 s. 8].

Misnomer-Repeal.

affect the

XXIX. No misnomer or inaccurate description of any person, Misnomers, place, or tenement in any document required for the purposes of &c., not to this Ordinance, nor any mistake, informality, or omission com- execution of mitted in any proceeding had hereunder, shall invalidate or pre- this Ordinance. judice such document or proceeding, or in anywise affect the [5 of 1863 execution of this Ordinance, provided that such person, place, s. 19.] or tenement be designated in such document or proceeding to common intent and understanding, and that such mistake, informality, or omission be not of such a nature as to prevent the requirements of this Ordinance from being substantially com- plied with.

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