540048-1905-Bills-read-a-first-time--New-Territories-Land — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 26тн MAY, 1905.

Documents to be regis- tered in appropriate District Office.

Land Officer to decide questions relating to land in a summary way,

Powers of

to alter or vary such districts or the place of any such office as he may from time to time think expedient. Where in any Ordinance the term "Land Office" shall be used the same shall be deemed to include any District Land Office established under this Ordinance.

5. The registration of any deed, will or other instrument. or any judgment, order, or Lis Pendeus, in respect of or affecting land shall be made at the appropriate office for the District in which such land is situate, and it shall not be lawful to register any such deed, will or other instru- ment, judgment, order or Lis l'endens elsewhere than at the appropriate office. If an instrument affects land in more than one District it shall be registered at the appro- priate office of each such District.

6. The Land Officer shall have power to decide. in a summary way all questions and disputes in connection with, or in anywise arising out of, or regarding, any land, and may be re-opeu and re-hear the case upon such grounds as he shall in his discretion deem sufficient, and reverse vary or confirm the previous decision or judgment, and for these purposes the Land Officer shall have power to recognise and enforce any Chinese enstom or customary right in relation thereto, 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 herein- after 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 $10,000 or an annual value exceeding $1,000 unless with the written consent of the parties to such question or dispute.

7. For the purpose of this Ordinance the Laud Officer Land Officer. shall have powers similar to those vested in the Supreme

Court in respect of the following matters :-

Exclusion of legal prac- titioners.

Court.

(a.) Compelling the attendance of witnesses, and the

production of documents:

(b.) Entering and viewing land:

(c.) Making and enforcing any order which may be necessary for the proper hearing and determination of any matter before the said Land Officer: and (d.) Enforcing any judgment made under the provi-

sious of this Ordinance.

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

Appeal from 9. Every judgment or order of the Land Officer and every Land Officer entry thereof in the Land Register shall be conclusive for to Supreme 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 five hundred dollars, 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 said judgment order or entry on such terms as he may think fit.

Exclusion

of land

disputes

from juris- diction of Supreme Court.

10. Except by way of appeal from the Land Officer, no proceeding relating to land in the New Territories shall be commenced in the Supreme Court of Hongkong, unless the Crown is a party, or unless the Land Officer shall certify that the capital value of the land affected or in dispute exceeds $10,000 or the annual value thereof exceeds *$1,000.

Registration 11. The Land Officer shall on judgment being given by of judgment, bim in respect of any land forthwith enter a memorandum of such judgment in the Land Register. No fee shall be payable for such entry.

of " tongs

Registration 12. Whenever any land is held from the Crown under of Managers Lease or other graut, agreement or licence in the name of a elan, family or tong, such clan, family or tong shall appoint a Manager or Managers to represent it, and may from time to time appoint a new Manager. Every such appointment and change shall be reported at the appropriate office, and the Land Officer on receiving such proof as he may require of