:
Rules.
Issue of Crown lease.
Roundary marks.
Easements.
Caveats
21, Subject to the provisions of this Ordinance the Governor in Council may from time to time make Rules in respect of all or any of the following matters -
(.) the form of the Titles Register.
(b) the form of the Register of Transfers and the mode
in which such Registers are to be kept;
(c.) the mode in which registration is to be conducted; (d) the fees to be taken by the Registrar: (e) the custody of the Registers and other documenta
connected with the business of registration;
() generally in relation to any matters whether similar or not to those above-mentioned as to which it may be expedient to make Rules for carrying into effect the provisions of this Ordinance.
All such Rules shall be published in the Gazette.
22. It shall be lawful for any customary land-holder to notify to the Registrar his desire to surrender his rights in his customary land to the Crown and to receive in exchange a Crown lease. Such notification shall be in the forta prescribed in Form G in the Schedule hereto : and on receipt of such notification duly signed by the applicant the Registrar shall forward the same to the Colonial Secretary with a report: and it shall then be lawful for the Governor to order that a Crown lease for such period and on such terms as he shall think fit be issued to the applicant in respect of such land: and such land shall from the date of the issue of such Crown lease be exempt from the provisions of this Ordinance and shall become subject to the general law in force in the Colony with regard to land held upon lease from the Crown.
23. The Registrar may by a notice in writing duly served in the manner prescribed in Rule 3 of the Rules made under section 21 of this Ordinance require any customary land-holder to erect boundary marks where necessary for the purpose of defining the limits of his customary land or to repair any boundary marks already existing and it such land-holder fails to comply with this requisition within a period to be specified in the notice may cause the work to be done and recover the cost thereof as if it wore an arrear of revenue due in respect of the land.
24.-(1.) Nothing contained in this Ordinance shall derogate from any Rights of Way or other Easements now or hereafter acquired by the public in over along or across any customary land or shall be deemed to confer on the registered holder of any enstomary land a right to interfere with or obstruct the public use of any way or other ease- meut so acquired or enjoyed as aforesaid.
(2.) In case the registered holler of any customary land sball interfere with or obstruct the public use of any way or any easement now or hereafter acquired or enjoyed by the public in over along or across the land of which he is the registered holder any person aggrieved or damnified by such interference or obstruction may apply to the Registrar for a summons calling upon such registered holder on a day named thereiu to show cause why an order shall not be made requiring him to abate such interference or remove such obstruction,
In case the registered holder shall fail to show cause as aforesaid the Registrar may if he thinks fit make un order requiring him to abate the interference or remove the obstruction within such limit of time as the Registrar may deem reasonable and if the registered holder fails to comply with the terms of the order within the specified period the Registrar may cause the necessary stops to be taken to that end and recover the cost thereof as if it were an arrear of Revenue due in respect of the land.
25.-(1.) Any person claiming to be interested at law or in equity, whether under an agreement, or under an on- registered instrument, or otherwise however in any land may lodge a caveat with the Registrar forbidding the re- gistration of any dealing with such land, either absolutely or unless such dealing shall be expressed to be subject to the claim of the caveator, or to any conditions conformablo to law expressed therein:
A
A caveat may be in the form prescribed in the Form in the Schedule hereto, and shall be under the haud and verified by the declaration of the caveator or an agent duly authorised in writing as aforesaid, and shall contain an address to which notices may be sent or at which proceedings may be served. Upon the receipt of a caveat the Registrar shall make a memorandum thereon of the date and hour of The receipt thereof and shall enter a memorandum thereof in the Titles Register and shall forthwith send a notice of such caveat to the person against whose title such caveat shall have been lodged. So long as any caveat shall remain in force the Re- gistrar shall not, contrary to the requirements there- of, register any dealing with the land in respect of which such eaveat shall have been lodged.
(2.) The registered proprietor or any other person claim- ing estate or interest in the land may, by summons, call upon any caveator, to attend before the Registrar to show cause why the caveat should not be removed; and the Registrar may upou proof that the caveator has been sum- moned, and upon such evidence as the Registrar may require, make such order in the premises, either er parte or otherwise, as shall seem just.
26.-All fees payable under this Ordinance or under any Fees. Rules or Regulation made thereunder may be recovered in a summary manner before a Police Magistrate.
Passed the Legislative Concil of Hongkong, this 12th day of December, 1902.
C. CLEMENTI, Acting Clerk of Councils.
Assented to by His Excellencg the Governor, the 20th
F. H. MAY,
day of December, 1902.
Colonial Secretary.
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