2
Taotai and with the Governor, when he takes up his post as Consul-General at Mukden, with the view of arriving at some satisfactory arrangement. I inclose copy of my despatch to Mr. Fulford.
His Majesty's Consul-General at Tien-tsin reports that recently he had occasion to send title deeds for a piece of land acquired by a British subject from a Chinese, and situated well outside any foreign concession, to the Taotai for his verification and sealing, and that the deeds were returned to the Consulate duly sealed and without any objectionable indorsement,
I have, &c.
(Signed)
LANCELOT D. CARNEGIE.
The Wai-wu Pu therefore request his Excellency the Viceroy to call upon the Taotais and Prefects concerned to give effect to this, and it is in accordance with this that his Excellency communicates with me upon the matter. I therefore have the honour to inform you that in all future cases where foreigners rent land in the neighbourhood of the Settlement, and apply for Taotai's title-deeds, it is to be clearly stated in such deeds that if the land at any future time is required for railways, roads, or other public purposes, the Chinese Government have the right to purchase it at the market price for adjacent land. I have the honour to request that you will take note of this and inform the Consular Body, so that they may duly acquaint land-renters concerned.
I have, &c.
(Seal of Taotai.)
Inclosure 1 in No. 1.
Taotai Jui to M. Siffert.
[Received April 28, 1906.]
I HAVE the honour to inform you that on the 18th April I received from his Excellency Chou, Viceroy at Nanking, communication of the contents of a despatch received by him from the Wai-wu Pu. They inform his Excellency that his Excellency Tang, Director of the Shanghae-Nanking Railway, has transmitted to them a Report by Taotai Shen and others of the Railway Bureau, which is to the following effect:
"The Shanghae-Nanking Railway runs through Soochow, Sungkiang, Changchou, Chinkiang, and through nineteen departments and districts; the route covered is a long one, and every precaution must be taken to guard against malpractice in land matters. Mr. Brenan, formerly British Consul-General at Shanghae, in a letter respecting this question, laid down two modes of procedure—
"(1.) In case of dispute respecting compensation for surrender of land required for the railway, where the land was registered in the name of a foreigner, it should be settled by consultation between the local authorities and the Consul concerned, the basis taken being the market rate for land on either side of the line.
"(2.) In the case of land rented by foreigners from Chinese, where transfer has not been, but is about to be, effected, the Chinese authorities shall, when the deed of lease comes to be sealed and taxed, make a note to the effect that if in future it is required for road works, the method of dealing with it will be the same as that laid down in (i.e., on the basis of the market price of neighbouring land. Mr. Brenan also stated that leases which had not been registered and sealed would not receive recognition from the Head Company, and that the foreigner would not be recognized as proprietor.
"These arrangements were notified to the Wai-wu Pu by his Excellency Shêng, and were officially notified to the provincial authorities. The registration or non-registration referred to is simply the possession or non-possession of a Taotai's title-deed. The practice has been in all cases in which foreigners have been concerned for an Arbitrator to be appointed to settle the matter, and there has never been any dissatisfaction expressed.
"Article IV of the Treaty of Commerce and Navigation between China and Japan states that foreigners may, at the Settlements at present existing, and those which may be decided upon in the future at the various Treaty ports and marts, buy houses and rent land for the building of hospitals, churches, &c.,' which is a clear proof that the Treaty forbids foreigners to rent land outside the Settlements. That land at the ports, outside the Settlements, is rented to foreigners is a special concession outside Treaty provisions. The law of nations requires that immovable property owned by foreigners in any country is subject to the laws of that country. The term 'immovable property' refers to land and houses, and the principle here referred to has been most clearly acknowledged by His Britannic Majesty's Judge, namely, that all disputes respecting land in China are subject to the law of China, and that foreign law cannot be made to apply to it in the decision of disputes respecting such land. We propose, therefore, that in future all Taotai's title-deeds for land outside Settlements have clearly marked upon them that the land which they cover is to be available for purchase at the market rate for neighbouring land, if required for railway or road construction, or for any other public purpose, by the Chinese Government. This, then, is not only within the sovereign rights of China, but also in accordance with the law of nations."
Sir,
Inclosure 2 in No. 1.
M. Siffert to Taotai Jui,
May 29, 1906, I HAVE the honour to acknowledge receipt of your letter, which reached me on the 28th April, having for object the acquisition of land wanted for public purposes by the Chinese Government.
I have duly communicated a copy of your despatch to my colleagues, who have decided that the following answer should be forwarded to you:
In a former despatch the Consular Body has already pointed out that the acquisition of land which may be wanted for the works of the Conservancy of the Whangpu River is regulated by the Agreement signed the 27th September, 1905, between China and the Treaty Powers.
The Consuls agree to the following conditions in your letter, re acquisition of land necessary for the building of railways:
1. Should the land be already registered as foreigners' property, and wanted for railway purposes, if any difficulty arises in debating the price, the local authorities, conjointly with the Consul concerned, will settle the case in accordance with the rate for adjoining land.
2. Should Chinese rent to foreigners land not yet transferred, and the transfer be applied for, the authorities will point out clearly in the rent title-deed that if afterwards the land is wanted for railway purposes, the rules as above mentioned will be observed.
But the Consular Body cannot agree with the last paragraph of your letter, in which you state that if in future a foreigner rents land adjoining the Settlement and applies for a title-deed, that document should mention that, in case the land is wanted for public purposes, the Chinese Government will be allowed to obtain the land at a rate equivalent to the price of adjoining land.
The Consular Body suggest that the granting of a title-deed for land which might be required for any public purpose should be subjected to the same clauses being put in the document as those for title-deeds for land which might be required for railways, conditions set down above and contained in the first part of your letter,
(No. 129.)
Sir,
(Signed) D. SIFFERT, Senior Consul,
Inclosure 3 in No. 1.
Consul-General Sir P. Warren to Mr. Carnegie.
Shanghae, August 2, 1906. I HAVE the honour to acknowledge receipt of your despatch No. 62 of the 17th ultimo, on the subject of land outside Settlement limits which may be wanted for railway purposes.
The letter of the Senior Consul to the Taotai, dated the 29th May, is intended to convey the views of the Consular Body, the point of which was as follows—viz., that land which shall hereafter be rented by foreigners shall, as regards surrender for the
31
2
Taotai and with the Governor, when he takes up his post as Consul-General at Mukden, with the view of arriving at some satisfactory arrangement. I inclose copy of my despatch to Mr. Fulford.
His Majesty's Consul-General at Tien-tsin reports that recently he had occasion to send title deeds for a piece of land acquired by a British subject from a Chinese, and situated well outside any foreign concession, to the Taotai for his verification and sealing, and that the deeds were returned to the Consulate duly sealed and without any objectionable indorsement,
I have, &c.
(Signed)
LANCELOT D. CARNEGIE.
The Wai-wu Pu therefore request his Excellency the Viceroy to call upon the Taotais and Prefects concerned to give effect to this, and it is in accordance with this that his Excellency communicates with me upon the matter. I therefore bave the honour to inform you that in all future cases where foreigners rent land in the neighbourhood of the Settlement, and apply for Taotai's title-deeds, it is to be clearly stated in such deeds that if the land at any future time is required for railways, roads, or other public purposes, the Chinese Government have the right to purchase it at the market price for adjacent land. I have the honour to request that you will take note of this and inform the Consular Body, so that they may duly acquaint land-reuters concerned.
I have, &c.
(Seal of Taotai.)
Inclosure 1 in No. 1.
Taotai Jui to M. Siffert.
[Received April 28, 1906.]
I HAVE the honour to inform you that on the 18th April I received from his Excellency Chou, Viceroy at Nanking, communication of the contents of a despatch received by him from the Wai-wu Pu. They inform his Excellency that his Excelleney Tang, Director of the Shanghae-Nanking Railway, has transmitted to them a Report by Taotai Shen and others of the Railway Bureau, which is to the following effect :---
"The Shanghae-Nanking Railway runs through Soochow, Sungkiang, Changehou, Chinkiang, and through nineteen departments and districts; the route covered is a long one, and every precaution must be taken to guard against malpractice in land matters. Mr. Brenan, formerly British Consul-General at Shanghae, in a letter respecting this question, laid down two modes of procedure--
"(L.) In case of dispute respecting compensation for surrender of land required for the railway, where the land was registered in the name of a foreigner, it should be settled by consultation between the local authorities and the Consul concerned, the basis taken being the market rate for land on either side of the line.
"(2.) In the case of land rented by foreigners from Chinese, where transfer has not been, but is about to be, effected, the Chinese authorities shall, when the deed of lease comes to be sealed and taxed, make a note to the effect that if in future it is required for road works, the method of dealing with it will be the same as that laid down in (ie., on the basis of the market price of neighbouring land. Mr. Brenau also stated that leases which had not been registered and scaled would not receive recognition from the Head Company, and that the foreigner would not be recognized as proprietor.
"These arrangements were notified to the Wai-wu Pu by his Excellency Shêng, and were officially notified to the provincial authorities. The registration or non- registration referred to is simply the possession or non-possession of a Tautai's title-deed. The practice has been in all cases in which foreigners have been concerned for an Arbitrator to be appointed to settle the matter, and there has never been any dissatisfaction expressed.
"Article IV of the Treaty of Commerce and Navigation between China and Japan states that foreigners may, at the Settlements at present existing, and those which may be decided upon in the future at the various Treaty ports and marts, buy houses and rent land for the building of hospitals, churches, &c.,' which is a clear proof that the Treaty forbids foreigners to rent land outside the Settlements. That land at the ports, outside the Settlements, is rented to foreigners is a special concession outside Treaty provisions. The law of nations requires that immovable property owned by foreigners in any country is subject to the laws of that country. The term immovable property' refers to laud and houses, and the principle here referred to has been most clearly acknowledged by His Britannic Majesty's Judge, namely, that all disputes respecting land in China are subject to the law of China, and that foreign law cannot be made to apply to it in the decision of disputes respecting such land. We propose, therefore, that in future all Tautai's title-deeds for land outside Settlements have clearly marked upon them that the land which they cover is to be available for purchase at the market rate for neighbouring land, if required for railway or road construction, or for any other public purpose, by the Chinese Government. This, then, is not only within the sovereign rights of China, but also in accordance with the law of nations,"
Sir,
Inclosure 2 in No. 1.
M. Siffert to Taotai Jui,
May 29, 1906, I HAVE the honour to acknowledge receipt of your letter, which reached me on the 28th April, having for object the acquisition of land wanted for public purposes by the Chinese Government.
I have duly communicated a copy of your despatch to my colleagues, who have decided that the following answer should be forwarded to you:-----
In a former despatch the Consular Body has already pointed out that the acquisition of land which may be wanted for the works of the Conservancy of the Whangpu River is regulated by the Agreement signed the 27th September, 1905, between China and the Treaty Powers.
The Consuls agree to the following conditions in your letter, re acquisition of land necessary for the building of railways:-
1. Should the land be already registered as foreigners' property, and wanted for railway purposes, if any difficulty arises in debating the price, the local authorities, conjointly with the Consul concerned, will settle the case in accordance with the rate for adjoining land.
2. Should Chinese rent to foreigners land not yet transferred, and the transfer be applied for, the authorities will point out clearly in the rent title-deed that if afterwards the land is wanted for railway purposes, the rules as above mentioned will be
observed.
But the Consular Body cannot agree with the last paragraph of your letter, in which you state that if in future a foreigner rents land adjoining the Settlement and applies for a title-deed, that document should mention that, in case the land is wanted for public purposes, the Chinese Government will be allowed to obtain the land at a rate equivalent to the price of adjoining land.
The Consular Body suggest that the granting of a title-deed for land which might be required for any public purpose should be subjected to the same clauses being put in the document as those for title-deeds for land which might be required for railways, conditions set down above and contained in the first part of your letter,
(No. 129.)
Sir,
(Signed) D. SIFFERT, Senior Consul,
Inclosure 3 in No. 1.
Consul-General Sir P. Warren to Mr. Carnegie.
Shanghae, August 2, 1906. I HAVE the honour to acknowledge receipt of your despatch No. 62 of the 17th ultimo, on the subject of land outside Settlement limits which may be wanted for railway purposes.
The letter of the Senior Consul to the Taotai, dated the 29th May, is intended to convey the views of the Consular Eody, the point of which was as follows-viz., that land which shall hereafter be rented by foreigners shall, as regards surrender for the
31
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