711632-1867-GOVERNMENT-NOTIFICATION — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 22ND JUNE, 1867.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative

Council thereof, to amend "The Police and Lighting Rate Ordinance, 1863."

Whereas it is expedient to amend "The Police and Lighting Rate Ordinance, 1863 " and to make better Provision for the Collection of the Rates, the Recovery of Arrears thereof, and other incidental Matters: Be it therefore enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

66 as The Police and Lighting Rate Amendment

I. "This Ordinance Ordinance, 1867."

be cited may

Title.

Preamble.

233

Short Title.

II. Sections XIV, XV and XVI of "The Police and Lighting Rate Ordinance, Sections XIV, XV 1863" shall be and the same hereby are repealed.

and XVI of "The Police and Lighting Rate Ordinance, 1863," repealed.

but Occupiers liable in

III. From and after the Commencement of this Ordinance the Police, Lighting and Owners and Occupiers Water Rates though separately assessed shall be levied as One Tax, for the Payment of to be liable to Crown which, the Owners and Occupiers of Tenements shall be liable to the Crown but the absence of agreement same shall be deemed an Occupier's Tax, and, as between the Owner and Occupier of a to Owners. 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, in case he shall still be in Occupation of the Tenement, by Distress in like manner as for Rent at Common Law.

IV. If any Person assessed under "The Police and Lighting Rate Ordinance, Recovery of Rates. 1863" or rendered liable by the said Ordinance to the payment of any Assessment, shall neglect to pay the same or any part thereof within 21 Days after such Assessment is declared payable by Public Notice given on that behalf in the "Gazette," it shall be lawful for the Colonial Treasurer, to make application to the Court of Summary Jurisdiction upon an Affidavit setting forth the following Particulars that is to say:

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or

1. That the Person from whom it is sought to recover the said Assessment is, or at the time when the same became due and payable was, the "Owner "Occupier" as the case may be, of the Tenement in respect of which the Assessment is made.

2. That such Person has omitted to pay the said Assessment.

3. That at least Four Days before the making of such Affidavit an application was made at the Dwelling House of such Person for the amount of the said Assess- ment and that a Notice in the Form in Schedule A hereunto annexed was left for him at such Dwelling House.

And the said Court may thereupon grant a Summary Warrant for the recovery of the said Assessment or the part thereof remaining unpaid with 12 per cent, Interest thereon from the time when the same shall have been declared payable together with the Costs in each case incident by Law to the recovery thereof.

V. A proportionate Sum shall be refunded from the amount of Rates paid in How Rates to be advance for any Quarter or other period in respect of every entire Calendar Month refunded. of such Quarter or other period during which any Tenement for which such Rates shall have been paid, shall be proved to the satisfaction of the Court of Summary Jurisdiction, to have been uninhabited: Provided always:—

1st. That the Person claiming such Sum to be refunded or some Person on his behalf shall within 10 Days after the expiration of such Quarter or other period file in the said Court, a Petition in the Form in the Schedule (B) hereunto annexed, verified by Affidavit of the facts therein stated, and shall also within such time as aforesaid give notice in writing to the Colonial Treasurer of the filing of such Petition.

2ndly. That the Judge of the said Court shall cause to be endorsed upon such Petition and shall sign a Certificate in the Form in Schedule (C) hereunto annexed.

VI. The Judge of the Court may adjudicate upon any such Petition, notwith- Court may entertain standing that the Sum claimed therein may exceed $500, and for the purpose of such Petition above $500. adjudication may call and admit and receive any evidence which he shall think fit.