REPORT FROM THE LAND COMMISSION OF 1886-87.
xvii
At this time also it was found that the lot holders had encroached on Crown Land, and on the space set apart for streets, by building balconies and verandahs outside the limits of their lots. The removal of these buildings was directed by the Governor and the following Government Notification of the 19th November, 1844, to that effect was published:---
GOVERNMENT NOTIFICATION OF 19TH NOVEMBER, 1844.
"As it has come to the knowledge of His Excellency the Governor, that persons have encroached on the property of the Crown, and on the space set apart for Streets, by erecting Buildings and con- structing Balconies and Verandahs, extending beyond the limits of the Lots held by them on Lease: His Excellency has given instructions to have the encroachments removed; and warns all persons, that no permission will in future be granted to any one to exceed the Boundaries of his Lot, on any pretence whatever.
"By Order,
(Signed),
FREDERICK W. A. BRUCE, Colonial Secretary.
"Victoria, Hongkong, 19th November, 1844.”
In January, 1846, however, Government permission was given for the construction of Verandahs projecting beyond the boundaries of Lots over any Public Road or Street within the City of Victoria, in accordance with a plan, open for inspection at the Surveyor General's Office; and from time to time since that date regulations have been made for the more solid construction of Verandahs with the view of preventing the spread of fire, but no provision has ever been made in the Crown Lease for these erections which are, to this day, allowed by Surveyor General's licence. The consequence is that the purchaser of a house, in hundreds of cases, acquires no other title or estate in the exterior parts of the building he purchases than what would pass by his Deed of Assignment as an easement, if such an easement attached to his holding, which, under the Governor's instructions for the disposal of Land, appears to the Commissioners to be somewhat doubtful.
In consequence of complaints arising in the year 1847 from the Landowners of the Colony in regard to the land tenure of the Colony, and the high Crown Rents, it was, after much consideration, represented first by Governor Sir JOHN DAVIS and afterwards by Governor Sir GEORGE BONHAM, that the extension of the term of 75 years on which the lands of this Colony were then held, or the grant of the lands in perpetuity, would be accepted as a boon by the merchants, and Governor Sir GEORGE BONHAM suggested (Despatch No. 64 Financial of 26th August 1848) that he might be authorized to extend the term of tenure from 75 years to any other that Her Majesty's Government might approve of, and mentioned that at Singapore the term is for 999 years, and that the intention there was to convey to the landholders all the advantages that attach to a permanent grant, without saddling them with the inconvenience sometimes attending the tenure of real property.
In reply to that Despatch, Earl GREY stated (Despatch No. 766 of 4th December 1848) that fully appreciating the difficulty in proposing any plan, short of the actual reduction of the rents, which would prove entirely satisfactory to the general body of Landowners, he was inclined to concur in the opinion that to extend the term of the existing leases would be the most expedient course to adopt. Earl GREY then authorized the Governor to take the necessary measures for granting these leases in virtual perpetuity for the term of 999 years. Thereupon the following Government Notification was published:-
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GOVERNMENT NOTIFICATION OF 3RD MARCH, 1849.
"It is hereby notified that, under instructions from Her Majesty's Principal Secretary of State for the Colonies, all Crown Leases heretofore granted for a term of 75 years may be extended for a further term of 924 years.
"All Tenants of the Crown who may be desirous of availing themselves of the above concession will, on application at the Surveyor General's Office, receive the directions necessary to enable them to obtain a prolongation of their respective Leases in conformity with the above instructions.
"Colonial Office, Hongkong, 3rd March, 1849."
By Order,
(Signed),
W. CAINE, Colonial Secretary,