15218-1910-Ordinances-passed-and-assented-to--Opium-Amendment-No-2--No-33 — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 28, 1910.

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19. In any case where land in the New Territories is Redemption held under an agreement to pay rent in produce in per- of perpetual petuity it shall be lawful for the person who is liable to rent in pay such rent either to pay an annual rent in money in- produce or

substitution stead of in produce at a rate to be fixed in the manner of annual provided by the last preceding section or with the consent rent in of the Land Officer to redeem his liability to pay such money. rent by paying to such person as the Land Officer may direct such capital sum of money as the Land Officer may under all the circumstances of the case consider to be fair and reasonable.

may,

20. The Land Officer shall have power to decide in a Land Officer summary way all questious and disputes in connection to decide with, or in anywise arising out of, or regarding, any land, questions and he within three calendar months from the giving of land in a

relating to his decision, re-open and re-hear the case upon such grounds summary as he shall in his discretion deem sufficient, and reverse way. vary or confirm the previous decision or judgment. The Land Officer shall have power to recognise and enforce any Chinese custom or customary right in relation to land, and the decision or judgment of the Land Officer shall be binding on all parties concerned unless and until the same is varied or set aside as hereinafter provided: Provided that the Land Officer shall not have power to decide any question or dispute to which the Crown is a party unless the Crown consents in writing to his so doing; And further the Land Officer shall not have power to decide any question or dispute in respect of any land having a capital value exceeding $5,000 or an annual value exceeding $500 unless with the written conscut of the parties to such question or dispute.

21.-(1.) For the purpose of this Ordinance the Land Powers of Officer shall have powers similar to those vested in the Land Officer, Supreme Court in respect of the following matters :-

(a.) Examining witnesses upon oath, affirmation or

otherwise:

(b.) Compelling the attendance of witnesses, and

the production of documents :

(c.) Entering and viewing land and ordering inspec-

tion of any property:

(d.) Making and enforcing any order which may be necessary for the proper hearing and deter- mination of any matter before the said Laud Officer: and

(e) Enforcing any judgment made under the pro-

visions of this Ordinance.

(2.) Every person who wilfully gives false evidence upon oath or affirmation before the Land Officer shall on summary conviction before the said Land Officer be liable to a penalty not exceeding two hundred dollars.

22. No legal practitioner shall be allowed to appear on Exclusion of behalf of any party in any matter before the Land Officer legal prac except by his special permission.

23. Every judgment or order of the Land Officer and every entry thereof in the Land Register shall be conclusive for all purposes: Provided that if any person shall consider himself aggrieved by any such judgment order or entry, and if the Land Officer shall certify that the capital value of the subject in dispute exceeds two thousand dollars, or if a Judge of the Supreme Court shall on good cause shown grant special leave to appeal, such person may within three months from the date of such judgment order or entry, move a Judge of the Supreme Court to vary or set aside the same; and it shall thereupon be lawful for such Judge to vary or set aside the judgment, order or entry on such terms as he may think fit.

titioners.

Appeal from Land Officer to Supreme Court.

24. Except by way of appeal from the Land Officer, Exclusion no proceeding relating to land in the New Territories shall of land be commenced in the Supreme Court of Hongkong, unless disputes the Crown is a party, or unless the Land Officer shall dietion of

from juris- certify that the capital value of the land affected or in Supreme dispute exceeds $5,000 or the annual value thereof exceeds Court. $500.

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