Sessional_Paper_1902 — Page 660

Sessional Papers 議政定例兩局文件 All

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2. Often a piece of land is shown to the Demarcators as being the property of say—the Li family-- this means usually that the Li family or T'ong pay the taxes or that the taxes are paid in their name.

The Demarcator should enquire whether the family cultivate or occupy the land themselves or whether it is leased out. If it is leased out for a term of years only or by the year the name of the family should be written in the column "Owner" and the name of the lessee in the column "Occupier". 3. If the Lease is in perpetuity "ch'eung p'ai", the name of the perpetual lessee should appear: in the "Owner" column with a note that the taxes are to be paid by the Li family

4. Having ascertained who is the person whose name is to be shown as owner, inark out the limits of the lot carefully with bamboos, one at every angle and give itra Lot number.

5. If the Demarcator is working with a Surveyor he should then give the Surveyor the number. taking care that he gets the right one, and proceed to fill up his Demarcation book details.

6. Having made his entries in the book, the Demarcator is to enquire into the ownership of the next Lot. In no case however are the bamboos to be taken up before the Surveyor has quite finished with a Lot.

7. Every claim should be separately marked out and have a separate Lot number but if people come up later and claim portions of a field that has been alrealy demarcated as one Lot and given a Lot number and this Lot number has been put down by the Surveyor in his map, the Demarcator should` not go back and subdivide it.

8. The proper course is to make a note with the names of the parties in the Demarcation book and give each of the parties a slip with the Lot number written on it, telling them to come to the Office of the Land Court.

9.-(1.) The Demarcator will as a rule be accompanied by three coolies, one carrying bamboos, one with a pickaxe, and a third to assist the Demarcator enquiring into the ownership of the Lots. The coolie with the pickaxe should carry slips of paper with Lot numbers on them and give one to each owner of a Lot.

(2.) Every person claiming ownership in any Lot, the perpetual lessee, the mortgagee in possession and the tax-payer should have a Lot number ticket given to him.

When one person claims several Lots situated not far from each other the Demarcator should write on the back of the Lot number paper a short memo. of the rent paid or the cultivator's name in order that the claimant may be able to remember to which field any one Lot number paper applies.

10. In the case of an area often of considerable size being held by the members of one family and ultivated by them, it will frequently be found that no division has ever been properly made. In such cases the Demarcator must refuse to go into the question of the various shares. He should give the whole area claimed one Lot number and tell the parties to come to the Court if they want a partition effected.

11. In any case of a disputed boundary the Demarcator must remember that he has no power to ettle the boundary.

A B

D

C

A B

:

12. To take such a case as shown here, the fields are D & C, the owner of C claims that his boundary › at AA while the owner of D claims that the boundary line is at BB. The Demarcator should put down the two fields together as one Lot with one Lot number and make an entry in the book that the Lot is divided but that the boundary of the divisions is disputed; and also put down the names of the parties. He should then go on to the next Lot. Each claimant must have a Lot number paper with the number on it.

13. If the Demarcator comes to an area which has been or.is under cultivation or which appears to have well marked boundaries but for which he can find no claimant he can give it a Lot number and make a note in the book that no owner has come forward.

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