CO129-298 - Governor Sir Blake Administrator Major Gen Gascoigne - 1900 [3-4] — Page 158

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No. 44--17:11.09.5316

157

A BILL

ENTITLED

The New Territories Land Court Ordinance,

1899.

Be it enauted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

tion.

1. This Ordinance shall be called the Land Court Ordi- Short title nauce, 1899, and shall only apply to the owners and occn- and applica. piers of land in the Now Territories, that is to say, in the additional territories acquired by this Colony under the pro- visions of a Convention, dated the 9th day of June, 1893, between Her Majesty Queen Victoria and His Imperial Majesty the Emperor of China for the enlargement of the limits of this Colony.

2. Claims by owners and occupiers of land in the New Claims to Territories to titles or certificates of title from the Crown titles to be shall, subject to the provisions of this Ordinance, be heard heard by and determined by a Land Court hereinafter referred to as Court. the Court which shall consist of the persons respectively of Cont.

Composition filling the offices of Puisne Judge, Director of Public Works and Deputy Laud Officer for the time being.

3. The Puisue Judge, or, in his absence, the Director of President. Public Works shall be the president of the Court and two Quoranı. members thereof shall form a quorum. In the case of an equal division of opinion the president shall have a casting vote. There shall be a Registrar to the Court to be up- pointed by the Governor (hereinafter referred to as the Governor to Registrar), whose duty it shall be to keep a record of all appoint proceedings and decisions of the Court, to receive all claims Registrar. and communications to the Court, and to issue all orders and directions of the Court.

4. The Court shall, for the purposes of this Ordinance, Powers of have the following powers :--

Court.

(1.) To determine within what time claims to laud in Time, form, any specified village or district in the New Ter- and manner ritories shall be presented to the Court, and in of presenting

claims. what form und manner such claims are to be pre- sented.

(2.) To cause to be notified in any village or district Notification

in the New Territories and in such manner as the to be made in Court may direct, notice of the time within which village. claims to land must be made, and the form and manner of making such claims.

(3.) To fix the dates and times and places for the Time and

bearing of such claims to land, and to cause notice place of of such dates and times and places to be notified to hearing

elaima. claimants in such manner as the Court MBY direct.

can be

30 APR 00

5. If in any case it shall appear to the Deputy Land Deputy Land Officer before the hearing that a title or certificate of title Officer may to land can be admitted or granted to any claimant with- report title out further investigation, he shall report the same to the admitted. Court accordingly and it shall not be necessary for the claimant or his witnesses to appear before the Court unless the Court shall so order,

Court

6. For the purpose of the hearing of any claim to Further land the Court shall have powers similar to those vested powers of in the Supreme Court of this Colony on the occasion of any respecting suit or action in respect of the following matters, viz. :--- witnesses,the (1.) Enforcing the attendance of witnesses and exa- production of mining then on oath, affirmation or otherwise. documents and enfor- (2) Compelling the production of documents.

cing any

(3.) Punishing persons guilty of contempt of the order of

Court or of any order of the Court.

(4.) Ordering inspection of property.

(5.) Making and enforcing any order which may be necessary to the proper hearing and determination of any question before the Court, and the Court may exercise all or any of such powers for the pur- poses of any claim before the Court to the same extent as the Supreme Court might exercise them or any of them for the purposes of any suit or action.

Court.

7. Any member of the Court shall, for the purposes of Power of any enquiry made by the Court, have power to enter and entry. view any premises or property, and the Court shall have power to authorize any person nominated by the Court to enter and view any premises or property for the like pur- pose.

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