CO129-307 - Governor Sir Blake - 1901 [10-12] — Page 463

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No. 27 or 1901.

An Ordinance to amend The New Territories

Land Court Ordinance, 1900. (No. 18 of 1900).

LS

HENRY A. BLAKE,

Governor.

460

C.O

42619

RECO

&

[19th October, 1901.]

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

1. This Ordinance may be cited as The New Territories Short title. Land Court Amendment Ordinance, 1901.

2. The following section, to be numbered 5A, is hereby New section inserted in The New Territories Land Court Ordinance, inserted in 1900, between section 5 and section 6 of that Ordinance Ordinance 18

of 1900. "5A. Where in the opinion of the Registrar it is a Power to necessary preliminary to the bearing of any claim Registrar

to subprena to land that any person should appear before him to persons to give information in connection with such claim or give inform- where in the opinion of the Registrar it is desirable ation in con- to obtain further information as to the ownership of nection with any Lot then it shall be lawful for the Registrar to issue a subpena commanding any person to appear before him for the purpose of giving any such information: and any person disobeying such subpena without reasonable cause, the onus of proving which shall lie upon such person, shall, upon summary conviction before a Magistrate, bo liable to a penalty not exceeding twenty-five dollars.”

claims.

3. The following section, to be numbered 7A, is hereby New section inserted in the New Territories Land Court Ordinance, inserted in

Ordinance 18 1900, between section 7 and section 8 of that Ordinance: of 1900.

"7A. In the event of any claimant failing, after sach notice has been given to him or to some person on bis behalf as the Court considers in each particular case to be sufficient, to do one or other of the following things, namely:-

(1.) To polut out or to cause to he pointed out clearly to an officer deputed by the Court the boundaries of the land and if he is required so to do to mark out clearly with boundary marks to the satisfaction of the Court the limits of the land which be claims of iu upon or over or in respect of which be claime rights, or

(2.) To appear in Court to prosecute his claim, the Court may, if in its discretion it thinks fit, dismiss the claim of such claimant absolutely.

4. The following section, to be numbered 15a, is hereby New section inserted in the New Territories Land Court Ordivance, 1900, inserted in

Ordinance 18 between section 15 and section 16 of that Ordinance :-- of 1900.

15A. Whenever the Governor in Council shall decide that the acquisition of any land in the New Terri- tories the ownership of which has not been deter mined by the Court required in the public interests,

REG 4 DEG OF

it shall be lawful for the Governor to proclaim hip fun quan baha Notification in the Gazette that such land is required 4 Crown

by the Government, and such land shall forthwith revert to the Crown aud all rights of evory claimant his assigne or representatives and of every other person in upon or over or in respect of such land or any part thereof shall thenceforth absolutely cease and determine.

Provided nevertheless that the Court shall procced in due course to hear and determine every claim in relation to sneb land as if such land had uot been acquired under this section, and that such claim or claims, if allowed, and their allowance shall be reported to the Governor who shall thereapon refer tho matter back to the Court to decide and awari what compensation shall be paid to the claimant or claimants and in what mamer such compensation