631363-1899-Bills-read-a-first-time--Arms-and-Ammunition — Page 10

1828 THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1899.

Power of Court with respect to any witnes8

8. If in any claim to land it shall appear to the Court that any witness has committed wilful and corrupt perjury the Court may, for the purpose of punishing such committing perjury, exercise powers similar to and to the same extent perjury. as those conferred on the Supreme Court by section 23 of Ordinance 12 of 1873 for the punishment of perjury in any cause, suit, or action.

Summons warrant,

etc. to be signed by Registrar.

Court may allow or disallow

claim.'

9. Any summons, order, warrant, or direction of the Court shall be deemed to be duly made with the authority of the Court if signed by the Registrar, and any such sum- mons, order, warrant, or direction so issued in connection with and for the purposes of any claim to land shall be equivalent to any form of summons, order, warrant, or direction issued in any action or suit in the Supreme Court for enforcing the attendance of witnesses, or compelling the production of documents or otherwise for the purposes of any suit or action.

10. The Court may allow or disallow any claim to land or allow the same as to part of the claim or subject to such conditions as it may think fit.

"When 'claim

11. In cases where the Court allows the claim or part allowed title of the claim a title or certificate of title in such terms as or certificate the Court shall order shall be admitted or granted by the to be granted.

Governor within such time as may be convenient.

Occupier when to be deemed trespasser.

Appeal.

Form of certificates of title.

Payment of rent in money in-

stead of in, produce.

Redemption of rent in produce.

No rent in produce to be reserved

after certain date.

Rents may

12. After the passing of this Ordinance occupation by any person without licence, or certificate of title, or without any grant of any estate or interest from the Crown, of land a certificate of title for which has been disallowed by the Court or for which no claim has been made under this Ordinance shall be deemed to be a trespass, and the person so occupying without having such licence, certificate of title or grant as aforesaid may be dealt with as a trespasser accordingly.

13. An appeal shall lie within fourteen days to the Full Court (and from thence to the Privy Council) from any decision of the Court in any case where the value of the land in dispute is certified by the Court to be over ten thousand dollars.

In any case, however, where the value of the land in dis- pute is certified by the Court under the hand of the Registrar to be under ten thousand dollars, no appeal shall lie from its decision, nor shall its proceedings in such case be liable to revision or removal to the Supreme Court of the Colony by writ of certiorari or other legal process.

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14. Certificates of title to be granted under this Ordi- nance shall be in such form or forms as may from time to time be directed by the Court, and shall be signed by the Registrar and countersigned by the Governor.

15. In any case of any land in the New Territories being held under an agreement to pay rent in produce, it shall be lawful for the tenant of such land to pay a rent in money instead of such rent in produce, according to a rate, which shall be fixed each year by the Court, and published in the Government Gazette during the month of January in each year, as the fair commutation price of such produce.

16. In any case where land in the New Territories is held under an agreement to pay a rent in produce in per- petuity, it shall be lawful for the person who is liable to pay such rent, with the consent of the Court, to redeem his liability to pay such rent by paying to such person as the Court may direct such capital sum of money as the Court may, under all the circumstances of the case, consider to be fair and reasonable.

17. On and after the 31st day of January, 1900, no rent in produce shall be reserved in any agreement for the occupation of land in the New Territories. If any rent in produce is so reserved after the said date, then such rent shall not be recoverable in any Court of law or by any legal process or proceedings.

18. In any case of disputed ownership of any land in be fixed by the New Territories where no rent has been fixed, it shall Court where be lawful for the Court to order that a certain rent for ownership

such land, being such rent as the Court considers under all disputed.

the circumstances of the case to be fair and reasonable, shall, from such date as the Court thinks fit, be paid in respect of such land. Every order made by the Court under this section shall be final and conclusive upou every person whatever and without appeal.