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authorities informed, and I have to instruct you, the Taotai, to take steps at once in conformity therewith,"
I, the Taotai, have informed the Magistrate of Hai Cheng for his guidance, and have also to address you begging that you will take note of the foregoing and act accordingly.
Sir,
Inclosure 10 in No. 1.
Consul Fulford to Governor-General Chao.
(Seal of the Taotai.)
Newchwang, June 28, 1906. ON the 14th instant I received a despatch from the Shan Hai Kuan Taotai to the effect that on the 8th June he had received your instructions as follows:-
"The Treasury and the Board of Foreign Affairs report as follows:- "We are in receipt of your Excellency's instructions to consult and report upon a despatch from the British Consul, Newchwang, of which you send us a copy. accordingly the honour to observe that it has been the practice for the Customs Taotais We have to stamp the deeds and levy duty in cases in which the subjects of foreign nations have leased land in perpetuity in China, Such business has been no concern of the District Magistrates. The matter may therefore be left for the Customs Taotai's Yamên to deal with. But by the Treaties the subjects of foreign nations are not permitted to buy land or houses outside the Treaty port Concessions. In the present case it is impossible to decide beforehand whether San Chia Tzu will be included in the Concession at Yingkou (Newchwang), and the question of the land perpetually rented by the British merchant, Wilson, must await the settlement of the Concession's limits. The deed cannot be registered at present. I (the Tartar General) have indorsed this Report, and have to instruct you (the Taotai) to take action accordingly.'
>>
The Taotai therefore addressed me requesting me to take note of the Report and act in accordance therewith.
I have the honour to state that the practice formerly prevailing in this port when British subjects perpetually leased houses or land was that the deed should be sent by the Consul to the Customs Taotai, who ordered the District Magistrate to stamp the deed and levy duty. Subsequently when the Customs Taotai left Newchwang this Consulate sent deeds direct to the District Magistrates of Hai Cheng and Kaichou. The proposed change of procedure that the Taotai should stamp the deeds would involve a long delay, for there is no date fixed for the resumption of the Taotal's residence at Newchwang, and perpetual leases of property by British subjects are matters of frequent occurrence.
With regard to the statement that foreign subjects are not permitted to buy land or houses outside Concession limits, there is no such stipulation in the Treaties, and no such limitation has been in force in the various Treaty ports. Moreover, there has been no Concession at Newchwang, and for the past forty years British subjects have acquired a large amount of land and houses in the vicinity of the port, a proceeding fully justified by the provisions of Articles X1 and XII of the Tien-tsin Treaty,
There is no grave objection to the suggestion of the Treasury and Foreign Board that land-deeds should be stamped by the Customs Taotai, but I find myself entirely unable to acquiesce in the proposal that land matters should await the definition of a Concession before being dealt with in accordance with Regulations.
At the present time Mr. Wilson has perpetual leases for land both in the Hai Cheng and Kaichou district, and there are several other merchants who have acquired land subsequently to Mr. Wilson. Long delay would be detrimental to these persons' interests, and I would therefore beg your Excellency to obviate such delay by instructing the Taotai or the District Magistrates to continue the previous practice of stamping the deeds and returning them to me.
I have, &c.
(Signed)
H. E. FULFORD.
(Translation.)
Sir,
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Inclosure 11 in No. 1.
Governor-General Chao to Consul Fulford.
Kuang Hsü, 32nd 6th
(July 25, 1906).
yeur,
5th day moon,
I HAVE the honour to acknowledge receipt of your despatch (of the 28th June), in which you state (despatch quoted in extenso),
I lost no time in handing this despatch (to the Board of Foreign Affairs) for consideration, and am now in receipt of their report, as follows :----
"This matter has been repeatedly discussed by this Board with the Treasury, and it was decided that when a foreign Settlement had been demarcated action would be again taken in accordance with the Regulations. The Consul, however, says in his despatch that he cannot acquiesce in this delay. He also says that there is no stipula-tion in the Treaties that foreign subjects are not permitted to buy land or houses outside Settlement limits, and that no such limitation has been in force in the various Treaty ports. This Board would observe that the Treaties contain a stipulation granting missionaries permission to purchase property outside Settlement limits on behalf of their missions. This is plain proof that, with the exception of missions, no foreign subjects whatever may purchase property outside the Settlements. The Consul, however, obstinately insists on the former irregular practice of the port. Unless this practice be forthwith remedied, endless abuses will result from its absolute want of definiteness. It is therefore impossible to agree thereto.
"We therefore beg your Excellency to inform the Consul, in reply, that action in the matter must be temporarily postponed as decided in the first instance.
"We have the honour to submit this report on our discussion of this question for your Excellency's consideration and action."
This report I have indorsed, and have the honour to communicate it to you for your information,
I have, &c.
(Seal of the Military Governor.)
Inclosure 12 in No. 1.
Mr. Carnegie to Consul Fulford.
(No. 18.) Sir,
Peking, August 13, 1906. WITH reference to your despatch No. 44 of the 30th July on the refusal of the Chinese authorities to register title-deeds for land bought by British subjects at the Treaty port of Newchwang, I am inclined to agree with you that political considerations have some bearing on the Chinese attitude in this matter. I shall be glad if, as soon as you have taken over the new post of Consul-General at Mukden, to which you have just been appointed, you will call on his Excellency Chao Erh-hsun, the Military Governor, and thoroughly explain the full nature of the Treaty rights in respect to the purchase of land at Treaty ports. You should also take the first opportunity of discussing the subject with the Shanhaikwan Taotai, Mr. M. T. Liang, and pointing out the untenable character of his statements to the Military Governor that the international Treaties only permit missionaries to buy land for the erection of mission premises outside of Concessions," and that, "apart from this the merchants and subjects of foreign nations are not allowed to acquire land or houses outside Concession limits." These statements are so absurd that I can scarcely understand their being seriously urged by Mr. Liang, who is well acquainted with the Treaties and the privileges conferred on foreigners under them.
As you mention that Mr. Wilson's land at San Chia Tzu might be thought to lie beyond the reasonable limits of the Treaty port area at Newchwang, it would seem to me advisable to separate his case from the others in which no such doubt arises; but in any event I shall not address the Wai-wu Pu on this subject until I learn the result of your interviews with Governor Chao and Taotai Liang.
I am, &c.
(Signed)
L. D. CARNEGIE.
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