694783-1875-Rating-Ordinance- — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 11TH SEPTEMBER, 1875.

XXIX. The rates paid into the Colonial Treasury shall be ap- Application of plied in payment of the police establishment and of the expenses rates.

connected therewith;

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.

XXX. 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

s. 4]. mary jurisdiction of the Supreme Court, together with interest See Ordinance at the rate of twelve per centum per annum until the day of 13 of 1875. payment.

tenement.

XXXI. Whenever any tenement is unoccupied during any Refund of rates quarter or other period in respect of which the rates upon such for uninhabited 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 months when the tenement was unoccupied.

XXXII. Such refund may be obtained in the following manner: Mode of obtain- (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

s. 5]. 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, or any portion thereof, 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.

(e). 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. XXXIII. The court may adjudicate upon a petition for a refund Court may of rates, although the claim exceeds one thousand dollars: and entertain

petition for the purpose of such adjudication, may receive any evidence it exceeding

thinks fit.

$1,000. [11 of 1867 9.6].

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

a copy of the certificate. [11 of 1867 s. 7]. XXXV. 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-Regulations-Repeal.

affect the

XXXVI. 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.

XXXVII. The Governor in Council may, from time to time, Regulations. make, alter and repeal regulations for the better and more effectual carrying out of the provisions of this Ordinance. All such regula- tions shall be published in the Gazette, and when so published shall have the force of law. ·

XXXVIII. This Ordinance shall take effect upon a day to be Commence- hereafter proclaimed by the Governor, and thereupon the follow- ment and ing Ordinances and sections of Ordinances shall be and they are repeal. hereby repealed:-

Ordinance 12 of 1860,.

5 of 1863,

11 of 1867,

4 of 1868, 14 of 1873,.

The whole.

.Sections VIII and IX.

XIV.

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