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THE HONGKONG GOVERNMENT GAZETTE, 7TH JULY, 1905.
Land Regis try Office.
Assistant Land Officer.
District Land Offices.
Documents to be regis- tered in
appropriate District Office.
Land Officer to decide questions relating to land in a summary way.
Powers of
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(5.) “Mortgage" includes any charge on any land for securing money or money's worth; and "mortgage money " means money, or money's worth, secured by mortgage; and "mortgagor "includes any person from time to time deriving title under the original mortgagor, or entitled to redcem a mortgage, according to his estate, interest or right, in the mortgaged property; and "mortgagee" in- cludes any person from time to time deriving title under the original mortgagee; and "mortgagee in possession ” is, for the purpose of this Ordinance, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property.
(6.)
"Instrument" includes deed, will, codicil, power of attorney, Act of Parliament or Ordinance.
3.-(1.) The Land Registry Office shall be the Depart- ment anthorized to carry into execution the provisions of this Ordinance.
(2.) Where by any law, rule or regulation anything is required or appointed to be done by the Land Officer, the same may be lawfully done by any Assistant Land Officer appointed by the Governor, and such Assistant Land Officer shall have the same powers as are conferred upon the Land Officer by this Ordinance.
4. The Governor may from time to time by Order in Council establish one or more District Land Offices for the purposes of carrying out the provisions of this Ordinance, and may also from time to time by Order in Council define the Districts into which the New Territories shall be divided for the purposes of this Ordinance, and the place where the Office for each district (hereinafter called "the appropriate office ") shall be situate; Provided that it shall be lawful for the Governor at any time by Order in Council to alter or vary such districts or the place of any such office as he may from time to time think expedient. Where in any Ordinance the term "Land Office" shall be used the same shall be deemed to include any District Land Office established under this Ordinance.
5. The registration of any deed, will or other instrument, or any judgment, order, or Lis Pendens, in respect of or affecting land shall be made at the appropriate office for the District in which such land is situate, and it shall not be lawful to register any such deed, will or other instru- ment, judgment, order, or Lis Pendens elsewhere than at the appropriate office. If an instrument order, judgment, or Lis Pendens affects land in more than one District it shall be registered at the appropriate office of each snch District.
6. The Land Officer shall have power to decide in a summary way all questions and disputes in connection with, or in anywise arising out of, or regarding, any land, and he may, within three calendar months from the giving of his decision, re-open and re-hear the case upon such grounds as he shall in his discretion deem sufficient, and reverse vary or confirm the previous decision or judgment. The Land Officer shall have power to recognise and enforce any Chinese custom or customary right in relation to land, and the decision or judgment of the Land Officer shall be binding on all parties concerned unless and until the same is varied or set aside as hereinafter provided; Provided that the Land Officer shall not have power to decide any question or dispute to which the Crown is a party unless the Crown consents in writing to his so doing; And further the Land Officer shall not have power to decide any ques- tion or dispute in respect of any laud having a capital value exceeding $5,000 or an annual value exceeding $500 unless with the written consent of the parties to such question or dispute.
7. For the purpose of this Ordinance the Land Officer Land Officer. shall have powers similar to those vested in the Supreme
Court in respect of the following matters;
(a.) Compelling the attendance of witnesses, and the
production of documents :
(b.) Entering and viewing land:
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