A.D. 1875.
CROWN REMEDIES.
ORDINANCE No. 6 OF 1875.
AN ORDINANCE to consolidate and amend the Laws relating to the Recovery of Crown Debts for Rents and for Assessments, Ordinance Fees, and Forfeitures.
[18th September, 1875.]
BE it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
No. 13 of 1875, with Ordinance No. 3 of 1888 incorporated.
1. This Ordinance may be cited as the Crown Remedies Ordinance, 1875.
2. Whenever any person makes default in payment of any sum of money due or payable by him to the Crown in respect of rent, or of any assessment for rates, or of any fees or forfeitures, or of any instalment thereof, the Colonial Treasurer may recover the same by action in the Supreme Court in its Summary Jurisdiction; and may do so although the amount claimed exceeds one thousand dollars.
3. The writ of summons in any such action shall be taken to have been duly served if it appears, to the satisfaction of the Court, that the writ was left at the defendant's residence or place 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.
4.-(1.) A certificate purporting to be under the hand of the Colonial Treasurer, and setting forth that the sum claimed is due or payable to the Crown and that the person sued is liable to the payment thereof, and specifying the nature and particulars of the claim, shall be primá facie evidence of the facts certified therein and of the signature of the Colonial Treasurer thereto.
(2.) Such certificate shall be sufficient if made in the form in the Schedule to this Ordinance or to the like effect.
5. In an action for the recovery of Crown rent, the certificate shall not be sufficient unless it purports to be signed by the Land Officer as well as by the Colonial Treasurer.
6. In all matters under this Ordinance, the Colonial Treasurer shall sue as Colonial Treasurer, but may be represented in the Court by any person whom he may appoint in that behalf.
7. In any case under this Ordinance, the Court may award interest at the rate of twelve per centum per annum on the sum recovered from the day when the same became due or payable.
8. Nothing in this Ordinance shall affect any other remedy of the Crown for the recovery of such sums as aforesaid.
Schedule.
1875.
A.D. 1875.1
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CROWN REMEDIES.
[No. 6.
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ORDINANCE No. 6 OF 1875.
AN ORDINANCE to consolidate and amend the Laws relating to A.D. 1875. the Recovery of Crown Debts for Rents and for Assessments, Ordinance Fees, and Forfeitures.
BE
[18th September, 1875.]
E it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
:--
No. 13 of 1875, with Ordinance No. 3 of 1888 incorporated.
1. This Ordinance may be cited as the Crown Remedies Ordinance, Short title. 1875.
2. Whenever any person makes default in payment of any sum of money due or payable by him to the Crown in respect of rent, or of any assessment for rates, or of any fees or forfeitures, or of any instalment thereof, the Colonial Treasurer may recover the same by action in the Supreme Court in its Summary Jurisdiction; and may do so although the amount claimed exceeds one thousand dollars.
Power to Treasurer to sue for rent,
Colonial
etc.. due to the Crown.
writ of
summons.
3. The writ of summons in any such action shall be taken to have Service of been duly served if it appears, to the satisfaction of the Court, that the writ was left at the defendant's residence or place 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
4.-(1.) A certificate purporting to be under the hand of the Colonial Certificate of Treasurer, and setting forth that the sum claimed is due or payable to Treasurer to the Crown and that the person sued is liable to the payment thereof, be evidence. and specifying the nature and particulars of the claim, shall be primá facie evidence of the facts certified therein and of the signature of the
Colonial Treasurer thereto.
(2.) Such certificate shall be sufficient if made in the form in the Schedule to this Ordinance or to the like effect.
5. In an action for the recovery of Crown rent, the certificate shall not be sufficient unless it purports to be signed by the Land Officer as well as by the Colonial Treasurer.
6. In all matters under this Ordinance, the Colonial Treasurer shall sue as Colonial Treasurer, but may be represented in the Court by any person whom he may appoint in that behalf.
Schedule.
Land Officer to sign certi- ficate for
recovery of Crown rent.
Right of Treasurer to
Colonial
appear by any person.
nce
7. In any case under this Ordinance, the Court may award interest Interest on at the rate of twelve per centum per annum on the sum recovered from the day when the same became due or payable.
sum
recovered.
Saving of
8. Nothing in this Ordinance shall affect any other remedy of the other reme- Crown for the recovery of such sums as aforesaid.
lies of the
Crown.
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