CO129-310 - Acting Governor Major Gen Gascoigne - 1902 [1-4] — Page 396

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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C.O

392

16817

ATTORNEY GENERAL'S OFFICE,

&

REG 23 APR 12

19 & Winch 1002.

Report on Ordinance he of 1902.

I have examined the accompanying Ordinance, entitled

An Ordinance to amend the Ordinance to provide for

the Registration of Deeds, Wills, Judgments, and

Conveyances affecting real or immoveable property in

Hongkong (No. 3 of 1844),

and I am of opinion that the Ordinance is one which is not contrary to

the Governor's Instructions.

Since the Ordinance for the Registration of Deeds, &c., in the Land Office (Ordinance No. 3 of 1844) came into force, statutory provision has been made for the registration of a Lis Pendens (Ordinance No. 10 of 1856), and for the registration of its discharge, as well as for the issue by the Land Officer of a Certificate of entry of such discharge (Ordinance No. 2 of 1896).

Moreover, the Code of Civil Procedure, Ordinance No. 5 of 1901, requires a Writ of Foreign Attachment to be registered in the Land Office, and makes provision for the filing in such office of a Certificate that the Writ has been dissolved, or that the judgment in the action has been satisfied (see section 462). Fees to be paid for these matters were fixed by the said Code.

It became, therefore, in any case desirable to amend the original List of Fees specified in Ordinance No. 3 of 1844, and to bring it into line with the present practice of the Office.

Some few fees seem also to have been received and paid over to the Colonial Treasurer, without express Statutory authority, the Land Officer acting on instructions received from time to time by the Government, as for instance in the case of the reasonable charges for parchment plans and for affixing the Public Seal to Crown Leases.

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C.O 392 16817 ATTORNEY GENERAL'S OFFICE, & REG 23 APR 12 19 & Winch 1002. Report on Ordinance he of 1902. I have examined the accompanying Ordinance, entitled An Ordinance to amend the Ordinance to provide for the Registration of Deeds, Wills, Judgments, and Conveyances affecting real or immoveable property in Hongkong (No. 3 of 1844), and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions. Since the Ordinance for the Registration of Deeds, &c., in the Land Office (Ordinance No. 3 of 1844) came into force, statutory provision has been made for the registration of a Lis Pendens (Ordinance No. 10 of 1856), and for the registration of its discharge, as well as for the issue by the Land Officer of a Certificate of entry of such discharge (Ordinance No. 2 of 1896). Moreover, the Code of Civil Procedure, Ordinance No. 5 of 1901, requires a Writ of Foreign Attachment to be registered in the Land Office, and makes provision for the filing in such office of a Certificate that the Writ has been dissolved, or that the judgment in the action has been satisfied (see section 462). Fees to be paid for these matters were fixed by the said Code. It became, therefore, in any case desirable to amend the original List of Fees specified in Ordinance No. 3 of 1844, and to bring it into line with the present practice of the Office. Some few fees seem also to have been received and paid over to the Colonial Treasurer, without express Statutory authority, the Land Officer acting on instructions received from time to time by the Government, as for instance in the case of the reasonable charges for parchment plans and for affixing the Public Seal to Crown Leases.
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C.O 392 16817 ATTORNEY GENERAL'S OFFICE, & REG 23 APR 12 19 & Winch 1002. Report on Ordinance he of 1902. I have examined the accompanying Ordinance, entitled An Ordinance to amend the Ordinance to provide for the Registration of Deeds, Wills, Judgments, and Conveyances affecting real or inmoveable property in Hongkong (No. 3 of 1844), and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions. Since the Ordinuce for the Registration of Deeds, eid., in the Land Office (Ordinance No. 3 of 1844) enme into foree, statutory provision has been made for the registration of a Lis Pendens (Ordinauce No. 10 of 1856), and for the registration of its discharge, as well as for the issue by the Lad Officer of a Certificate of entry of such discharge (Ordinance No. 2 of 1896). Moreover, the Code of Civil Procedure, Ordinance No. 5 of 1901, requires a Writ of Foreign Attachment to bo re- gistere in the Laud Office, and makes provision for the filing in such office of u Cortifieate that the Weit has been dissolved, or that the judgment in the action has boen satisfied (see section 462). Fues to be paid for these matters were fixed by the said Code. It became, therefore, in any case desimble to amend the original List of Fees specified in Ordinance No. 3 of 1844, and to bring it into line with the present practice of the Office. Some few feus seem also to have been received and paid over to the Colonial Treasurer, without express Statutory anthority, the Land Officer aesing on instructions received from time to time by the Government, as for instance in the case of the reasonable ciarges for parchmeus plans and for affixing the Public Soal to Crown Leases.
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C.O

392

16817

ATTORNEY GENERAL'S OFFICE,

&

REG 23 APR 12

19 & Winch 1002.

Report on Ordinance he of 1902.

I have examined the accompanying Ordinance, entitled

An Ordinance to amend the Ordinance to provide for

the Registration of Deeds, Wills, Judgments, and

Conveyances affecting real or inmoveable property in

Hongkong (No. 3 of 1844),

and I am of opinion that the Ordinance is one which is not contrary to

the Governor's Instructions.

Since the Ordinuce for the Registration of Deeds, eid., in the Land Office (Ordinance No. 3 of 1844) enme into foree, statutory provision has been made for the registration of a Lis Pendens (Ordinauce No. 10 of 1856), and for the registration of its discharge, as well as for the issue by the Lad Officer of a Certificate of entry of such discharge (Ordinance No. 2 of 1896).

Moreover, the Code of Civil Procedure, Ordinance No. 5 of 1901, requires a Writ of Foreign Attachment to bo re- gistere in the Laud Office, and makes provision for the filing in such office of u Cortifieate that the Weit has been dissolved, or that the judgment in the action has boen satisfied (see section 462). Fues to be paid for these matters were fixed by the said Code.

It became, therefore, in any case desimble to amend the original List of Fees specified in Ordinance No. 3 of 1844, and to bring it into line with the present practice of the Office.

Some few feus seem also to have been received and paid over to the Colonial Treasurer, without express Statutory anthority, the Land Officer aesing on instructions received from time to time by the Government, as for instance in the case of the reasonable ciarges for parchmeus plans and for affixing the Public Soal to Crown Leases.

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