694786-1875-Crown-Remedies-Ordinance- — Page 1

THE HONGKONG GOVERNMENT GAZETTE, 11TH SEPTEMBER, 1875.

Form D.

IN THE SUPREME COURT OF HONGKONG, SUMMARY JURISDICTION.

The

day of

187

In the matter of A.B. and "The Rating Ordinance, 1875.”

The humble petition of A.B.

sheweth:

[State briefly the grounds on which a refund is claimed.]

And your petitioner will, &c.,

I, A.B., make oath and say [or declare, as the case may be] that the matters above contained are true in substance and in fact.

Sworn [or declared] before me.

383

Form E.

day of

IN THE SUPREME COURT OF HONGKONG, SUMMARY JURISDICTION.

The

187

In the matter of A.B. and "The Rating Ordinance, 1875."

I hereby certify that A.B. has proved to my satisfaction that he is entitled to a refund of the rates paid by him amounting to $

C. D.,

Judge.

HONGKONG.

ANNO TRICESIMO NONO

VICTORIA REGINE.

JOHN GARDINER AUSTIN, Administrator and Commander-in-Chief.

No. 13 of 1875.

An Ordinance enacted by the Governor of Hongkong, Title.

with the advice of the Legislative Council thereof, for consolidating and amending the law relating to the speedy recovery of Crown Debts for Rents and for Assessments, Fees and Forfeitures.

BE

[7th September, 1875.]

E it enacted by the Governor of Hongkong, with the advice

of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Crown Remedies Short title. Ordinance, 1875."

for rent, assess

II. Whenever any person makes default in payment of any Colonial Trea- sum of money due or payable by him to the Crown in respect of surer may sue rent, or of any assessment for rates, or in respect of any fees or ments and fees. forfeitures, or of any instalment thereof, the Colonial Treasurer may [9 of 1869 recover the same by suit in the summary jurisdiction of the s. 2]. Supreme Court; and may do so although the amount claimed exceed one thousand dollars.

III. The writ of summons in any such suit shall be taken to Service of writ have been duly served, if it appear to the satisfaction of the of summons.

[9 of 1869 court that the writ was left at the defendant's residence or place 8. 4].

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.

Colonial Trea- surer to be

IV. A certificate purporting to be under the hand of the Colo- Certificate of nial Treasurer, and setting forth that the sum claimed is due or payable to the Crown, and that the person sued is liable to evidence. the payment thereof, and specifying the nature and particulars (9 of 1869 of the claim, shall be prima facie evidence of the facts certified s. 2]. therein and of the signature of the Colonial Treasurer thereto.

Such certificate shall be sufficient if made in the form in the Form of schedule hereto, or to the like effect.

certificate. [14 of 1873 s. 15].

V. In suits for the recovery of Crown rents, the certificate Surveyor Ge- shall not be sufficient unless it purports to be signed by the neral to sign Surveyor General, as well as by the Colonial Treasurer.

certificate for recovery of Crown rent. [14 of 1873 s. 16].

VI. In all matters under this Ordinance, the Colonial Treasurer Colonial Trea- shall sue as Colonial Treasurer, but may be represented in the surer may court by any person whom he shall appoint in that behalf.

appear by any person.

[9 of 1869 s. 5].

VII. In all cases under this Ordinance, the court may award Court may interest at the rate of twelve per centum per annum upon the award interest. sum recovered from the day when the same became due or payable. [9 of 1860

s. 3].