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becomes absolute in twenty years. The number of deeds translated and actually registered under the Ordinance to the end of the year was 134, leaving over for investigation and decision some 200. As there is only one translator in the Land
Office the work done in registration may be considered highly satisfactory.
5. It is worthy of note that in one case the registered owner died within a few weeks after the registration of his title, and the next of kin, on understanding that such was the law of the Colony, applied to the Supreme Court in its Probate Juris- diction for letters of administration, and paid the administration duty without any demur or question, although wills, probates, and letters of administration of intestate estates are terms unknown in China outside of Hongkong.
6. With reference to (2.) as the Government under the terms of the Convention can only grant leases for a term not exceeding 99 years from the date of the Con- vention, the idea of granting such leases in exchange for the existing titles has been reluctantly abandoned, for the Chinese titles are in perpetuity, subject only to land tax, or, in cases of perpetual underleases, to a rent.
7. As regards (3.) it has been arranged to grant certificates of title in the first instance, provisionally, and if after the lapse of sufficient time there is no dispute, a certificate of the owner's title will be issued and registered.
One case in respect of land at Liümun is now being tried in order to decide upon the best method to adopt before granting certificates of title. The last Chinese deed of absolute sale before the Convention has been registered as a new root of title. The ground has been surveyed and marked out with boundary stones and advertise- ments issued by the owner claiming the land.
If, after the expiration of twelve months, he remains in undisputed possession of the land and no adverse claims are discovered within that time, the matter of granting a certificate of title will be submitted to the Government for decision.
8. The great difficulties to be got over arise from the circumstance that most valuable lands have more than one title, yet if each title is taken alone it appears to be in order. All deeds relating to land in the New Territory were registered in the San On District registry, but that registry is only a deed registry and not a registry of titles to land, and the conflicting titles could not be ascertained from the register there without some other clue than the register.
9. As a typical case of one class I may mention that the land at Ch'eung Sha Wan including the foreshore and the sea in front is claimed under four distinct titles vested in four different families. Two of the titles to the same land are derived direct from the Viceroy and Governor of Canton under recited Imperial Orders. The two other titles, before the Convention, conclude by Vesting Orders inade at trials before the San On Magistrates, one Magistrate deciding that the land belonged to the Tang Clan and another Magistrate deciding that the same land belonged to the Chiu Clan. Great value is placed upon this land and the matter is now waiting the formation of the proposed Land Court for decision.
10. A typical case of another class is that of some farm lands adjoining Deep Bay. About ten acres (English) had in course of time been added to the farm by the silting process of the sea and the detritus brought down by the Canton River. This natural accretion was claimed by the owners of the farm but was sold by the San On Magistrate as waste land belonging to the Government for Taels 600 ($833) to a friend, who, it is alleged, formed a syndicate consisting of himself, the Magistrate, the Major-General, and, under cover of the sale and by means of the soldiers at their command, took forcible possession of the whole farm, which was worth $60,000. This happened shortly before the Convention. The farm is now claimed by both parties and the matter is waiting the constitution of the new Land Court for decision.
11. Other cases there are of confiscation by the Magistrates and sale and relief from the forfeiture, after sale to others, upon payment of a fine. In these cases the original owners claim to retain possession of the land and the purchaser claims to be entitled to possession under the deed of sale from the Magistrate. Some land in the Kowloon district is held under a title by capture, where the clans fought, and the losing clan gave up a field as the price of the cessation of hostilities. Much time and trouble have been spent in the investigation of these claims, but without much result, as the parties prefer to wait for the information of the new Land Court to bring in their claims for decision.