CROWN REMEDIES ORDINANCE, 1875

CROWN REMEDIES ORDINANCE, 1875

ORDINANCE NO. 6 OF 1875

Crown Remedies Ordiance, 1875.

AN ORDINANCE to consolidate and amend the laws relating to the recovery
of crown debts for rents and for assessments,
fees, and forfeitures.
[18th september, 1875]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the crown remedies ordiance,
1875.
2 whenever any person makes default in payment of any sum of
moeny 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 jurisdiciton; and may do so althoug
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 unknow, 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 prima
facie evidence of the facts certified therin 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 ction 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 rememdy of the
crown for the recovery of such sums as aforesaid.

9-(1) the colonial treasurer may, with the approval of the court,
appoint a speccial bailiff for the service of process in proceedings under
this ordinance.
(2) such special bailiff shall have, in respect of such proceedings, the
lkie powers, and shall be entitled to receive the same fees for the service
of process therin, as the bailiff of the supreme court.
SCHEDULE
FORM OF COLONIAL TREASURER'S CERTIFICATE.
Nature and Particulars of Claim for Crown Rent.

I, A.B., colonial treasurer of hongkon, herby certify that the several
persons whose names are entered in the first column of the above schedule
have made default in the payment of the sums appearing opposite to their
respective names in the second column, in respect of crown rent, and I, C.D.,
land officer, hereby certify that the particulars of the above claims for crown
rent against such persons are truly set forth opposite their respective names
in the third, fourth, and fifth columns.
dated the day of ,
(Signed.)
colonial treasurer.
(signed.)
land officer.

Nature and Particulars of Claim for Police, Lighting, Water, and
fire Birgade Rates.


I, A.B., colonial treasurer of hongkong, hereby cerify that the several
persons whose names are entered in the first column of the above schedule
have made default in the payment to the crown of the sums appearing opposite
to their respective names in the second column, and that the said persons
are severally liable to the payment thereof in respect of the claims, the
nature and particulars of which are truly set forth oposite their respective
names in the third, fourth, and fifth columns.
dated the day of ,
(signed.)
colonial treasurer

Nature and Particulars of Claim for Spirit Licence Fees.

I, A.B., colonial treasurer of hongkong, hereby cerify that the several
persons whose names are entered in the first column of the above schedule
have made default in the payment to the crown of the sums appearing opposite
to their respective names in the second column, and that the said persons
are severally liable to the payment thereof in respect of the claims, the
nature and particulars of which are truly set forth oposite their respective
names in the third, fourth, and fifth columns.
dated the day of ,
(signed.)
colonial treasurer A.D. 1875. Ordinance No. 13 of 1875, with Ordinance No. 3 of 1888 incorporated. Short title. Power to Colonial Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Colonial Treasurer to be evidence. Schedule. Land Officer to sign certificate for recovery of Crown rent. Right of Colonial Treasurer to appear by any person. Interest on sum recovered. Saving of other remedies of the Crown. Appointment and powers of special bailiff. Section 4.

A.D. 1875. Ordinance No. 13 of 1875, with Ordinance No. 3 of 1888 incorporated. Short title. Power to Colonial Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Colonial Treasurer to be evidence. Schedule. Land Officer to sign certificate for recovery of Crown rent. Right of Colonial Treasurer to appear by any person. Interest on sum recovered. Saving of other remedies of the Crown. Appointment and powers of special bailiff. Section 4.

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