CO129-316 - Governor Sir Blake - 1903 [1-4] — Page 17

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

FORM G.

I, A.B., hoing entitled as customary land-holder to the lanul described in the Titles Register Book folio

do hereby notify my desire to surrender all my rights in such customary land to the Crown and to receive in return a Crown lease on the terms of and at a Crown reat of

Book No.

Folio No.

Demarcation District

Lot No.

Crown Rent

Name of Holder

Are

General description

Form H.

FORM 1.

Memorandum of Lease.

(Sigued.)

1. A.B., of

being registered as the cust

tomary holder of the land

situated a-

do hereby lease to C.D. of

for the space of

years from the

day of

payable

all the said land to be held by him the said C.D. as lessee

at the yearly rental of

subject to the following covenants,

conditions, and restrictions.

I, the above-named C.D., do hereby accept this Lenso of

the above described lands to be held by me as lessec, and subject to the conditions, restrictions, and covenants above set forth,

Dated this

Signature of Registrar.

day of

19

Signatures of

Lessor & Lessee.

FORM J.

Caret forbidding Registration of Dealing with

Estate or Interest.

To the Registrar of Titles, New Territories.

Take notice that I, A.B., of

claiming

forbid the registration of any dealing with the estate or

interest of C.D. in the said land.

[Address for service of notices and proceedings:]

Duted this

day of

. 19

A.B.

I, the above-named

agent for

the above-named A.B., make oath and say that the allega- tions in the above Caveat are true in substance and in fact.

Sworn by the said A.B. at

this

day of

19

Before me,

Enclosure 2.

143

Or

ATTORNEY GENERAL'S OFFICE.

31 JAN 031

27th, December,

Hongkong,

190 2.

Report on Ordinance No.

of 190 2.

47......

I have examined the accompanying Ordinance, entitled

The New Territories Titles Ordinance, 1902

J

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

the Governor's Instructions.

It is desirable to provide a system of Land Tenure for the New Territories (exclusive of New Kowloon).

In the rest of the Territories there are some quarter of a million holdings often of a very low value.

The transfer of these and their transmission by inherit- ance is governed by custom of patriarchal origin. Society in general in the New Territories is not suited for the in- troduction of English Real Property Law.

Every original holder of land is to be treated as a cus- tomary landholder.

Dealings with customary land by transfer or by way of charge, and its transmission by inheritance are regulated "The by means of a system adapted from that known as Torrens System,”

Provision is made by which a customary landholder de- sirous of obtaining a Crown Lease may do so upon the surrender to the Crown of his customary rights in the land to be leased.

Persons taking up land from the Crown in the New Territories may at their option become customary land- bolders or they may obtain a Crown Lease and conie uuder the general law of the Colony.

Attopher Beneral.

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