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THE HONGKONG GOVERNMENT GAZETTE, 27TH JULY, 1867.
How Rates to be refunded.
Court may entertain
Governor in Council and declared payable by Public Notice given on that behalf in the Gazette, the Colonial Treasurer may sue for and recover the same in the Court of Summary Jurisdiction together with interest at the rate of 12 per centum per annum payable from the expiration of Fifteen Days from the first day of the Quarter for which such Assess- ment shall be due; Provided always that no such Assessment shall be recovered from any Person unless it shall be made to appear by Affidavit, or otherwise to the satisfaction of the Court that at least Four Days before the entry of the Plaint, an application was made at the Dwelling-house of such Person for the amount of the said Assessment, and that a Notice in the Form in the Schedule A hereunto annexed, was left for him at such Dwelling-house.
V. A proportionate Sum shall be refunded from the amount of Rates paid in advance for any Quarter or other period in respect of every entire Month 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:-
(1.) 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.
(2.) 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 Chereunto annexed.
VI. The Judge of the Court may adjudicate pon any such Petition, notwith- Petition above $500. standing that the Sum claimed therein may exceed $500, and for the purpose of such
adjudication may receive any evidence which he shall think fit.
On Certificate of Court Colonial
VII. Upon production of a copy of such Certificate under the Seal of the said Treasurer to refund. Court, it shall be lawful for the Colonial Treasurer to refund the amount specified therein to the Petitioner who shall deliver such copy to him with a receipt for the said amount endorsed thereon.
Governor may order Rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
VIII. In all cases where from any cause whatever any Person claiming any refund of Rates shall not have received the same it shall be lawful for the Governor if he shall think fit to order the whole or any part of the Sum claimed to be refunded by the Colonial Treasurer.
IX. In all matters under this Ordinance the Colonial Treasurer shall sue as Colonial Treasurer but may be represented in the Court of Summary Jurisdiction by any Person whom he shall appoint in that behalf.
X. This Ordinance, Ordinance No. 12 of 1860, Ordinance No. 9 of 1862 and so much of the "Police and Lighting Rate Ordinance, 1863" as is not repealed hereby shall be construed together and for all requisite Purposes be deemed and taken as One Ordinance.
XI. This Ordinance shall commence and take effect on such Day as shall hereafter be fixed by Proclamation under the hand of the Governor.
Passed the Legislative Council of Hongkong, this 23rd Day of July, 1867.
L. D'ALMADA E CASTRO,
Clerk of Councils.
To A. B.
SCHEDULE A.
Take notice that I have this day called upon you to demand payment of the rates as under specifying the amounts and the times when the same became payable.]
If you fail to pay the above amount together with the interest thereon, at 12 per cent from the time when the same became payable, application will on the
Day of
instant [or as the case may be, but the day must be fixed at 10 o'clock in the forenoon be made to the Court of Summary Jurisdiction for a Warrant against you for the recovery thereof.
Dated this
Day of
Collector of Rates.
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