REPORT FROM THE LAND COMMISSION OF 1886-87.
xiii
The Land Committee was appointed on the 29th March, 1842, by the Governor, as follows:-
"With reference to the Notification dated on the 22nd instant, the following gentlemen are appointed a Committee to carry into effect the objects therein described.
Major MALCOLM.
With the sanction of Major-General Captain MEIK, H.M.'s 49th Foot.
BURRELL, C.B.,
With the sanction of Capt. Sir THOMAS
CL
HERBERT, K.C.B.,
Lieut. SARGENT..
R. WOOSNAM, Esq.
Mr. PASCO, 2nd Master of H.M.'s Ship" Blenheim.”
Captain MYLIUS, Land Officer, will attend the Committee for the purpose of giving effect to its proceedings, by laying down the necessary Land Marks, Boundaries, Roads, &c., &c.
"The Committee will report to Government any cases in which they are of opinion that the native Chinese should be remunerated for ground which was in their possession previous to the occu- pation of the Island by Her Majesty's forces, and which may have been appropriated, as well as the amount of remuneration.
"The Committee will select the most eligible spots for building landing places, will define the limits of the Cantonments, or locations for Officers, near the different Barracks; will likewise fix the extent of ground to be preserved for the Naval Depôt, and for Dock Yards, including spots for one or more Patent Slips which it is understood are likely to be erected by Companies or individuals.
"It being the intention of Government to form a watering place for the shipping, hereafter, the Committee will select the most eligible spot with a running stream of good water for the purpose.
HENRY POTTINGER.
(Signed),
"Dated at Hongkong, Government House, 29th day of March, 1842.”
This Committee appears to have granted several lots of land but made no report upon the subject.
At this time sales of lots had begun to take place from one holder to another, difficulties had already arisen as to the liabilities of the purchasers to the Crown, and as no system of registration had then been adopted the purchasers were not known except to the seller of the lot. No Lease or other deed of grant of the lots was issued to the purchaser, the "Grant" of the lot being simply an entry in a book kept by the Land Officer shewing only the name of the person purchasing and the side measure- ments of the lot purchased.
As a remedy for these difficulties in the future, and to provide for the registration of sales, the following Government Notification of the 2nd May, 1842, signed by the Land Officer was issued:-
"GOVERNMENT NOTIFICATION OF 2ND MAY, 1842.
"With a view to the prevention of future misunderstanding and difficulties, His Excellency Sir HENRY POTTINGER, Bart., is pleased to direct that no sales of land are to be made by the holders of Grants to other parties except with the knowledge of the Land Officer and that any sales that may have been made, or may be made in future, unless registered in the Land Office shall be held to be invalid.
"Purchasers of grants from the individuals before holding them are to understand distinctly that they will be under the same liabilities to Government as the parties from whom they purchase.
By Order,
"Land Office, Hongkong, 2nd May, 1842.”
(Signed),
GEO. F. MYLIUS, Land Officer.
Two weeks, only, afterwards, the appointment of Land Officer was temporarily abolished, and further grants of land were prohibited, and on the 27th May, 1842, a "Land and Road Inspector was appointed.
The following are extracts from his instructions with reference to Crown Lands, the continuance of the prohibition against further grants of land, the prevention of encroachments on unappropriated lands or upon roads, and the registration of the sales and transfers of land in his Office,