March 1, 1909.]
been referred to, I ought not to go further, and express my opinion in it and upon the larger question which is involved in it. This ordinance is most frankly extraterritorial, and ! therefore it has become necessary to consider the question definitely. I am glad I have done so, because the conclusion which I have come to is a surprise to myself, and has upset my own precon- ceived notions on this important question of colonial constitutional law. I must in the first place criticise ordinance 6 of 1902 as a most unsatisfactory piece of draftsmanship. Con- tinuing, his Lordship said it included definition of 'del tor which already included two definitions as conditions preliminary to the presentation of a bankruptcy petition. The clause not having been repealed there were therefore two redundant provisions, and he was not quite sure that that might not cause some confusion. Proceeding his Lordship said: The principle that a Colonial Legislature can only legislate territorially is in the case of a Crown Colony, limited therefore to this, that if it is passed in the absence of special instructions from Home. it is the duty of the attorney-General to call the attention of the Colonial Office to the point in his explanatory report, and the Secretary of State as the constitutional adviser of the Sovereign will advise the King whether to disallow tho ordinance or not. I am bound to assume, although I consider the ordinance 6 of 1902 to be defective in point of form and much in need of amendment, that the question has been duly considered at home. For all these reasons I am of opinion that all the extraterri- toriality provisions of the bankruptcy law of the Colony, including No 6 of 1902, are intru vires
The Puisne Judge concurred.
CANTON,
(FROM OUR OWN CORRESPONDENT.)
February 23rd.
DELAY IN REGISTRATION OF TITLE DEEDS.
Shortly after the opening of the official seals several
persons petitioned the Provincial Trea- surer complaining that the Chief Clerk of the Department for the Registration of Leasehold Property at the Provincial Treasurer's Yamen had detained the assignments and title de ds of the properties purchased by them, which were sent in for registration several months
ago and that all registration fees and stamp duty. (6 per cent. on the consideration money,) were paid in at the time the deeds were handed to the Chief Clerk. The petitioners stated that the long delay in returning the deeds and the numer- ous lame excuses proferred by the clerks whenever they went to obtain the deeds had caused them to suspect that the clerks had either embezzleed the fees and stamp duty or that they had fraudulently made use of their title deeds to raise money.
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CHINA OVERLAND TRADE REPORT.
The Chief Clerk performed the vanishing act on the day the petitions were presented, he being the principal culprit. Treasurer Wco after giving instructions to the police to look for the Chief lerk issued the following proclamation :-
"This proclamation is issued to inform pro- perty owners and the chief clerks of the De- partiment for the Registration of Leasehold Property in all the District Magistracies in the Province that in future whenever people send in assignments of properties for registration the chief clerk of these departments must forward them to the Bureau of Registration in their respective Districts within five days on receipt of same for the fixing of the official seal on the deeds. All assignments and title deeds connected with property sent in for registration must be returned to the 'owners within fifteen days from the time the stamp duty is paid. If the deeds are not returned to the owners within that time owners are at liberty to institute an action against the registration departments and investigation will be made with a view to the punishment of the deliquent clerk, Any person who attempts to pay less than the full amount of stamp duty will be severely fined.
SHORT OF FUNDS TO DEFRAY POLICE EXPENSES.
petitioned Viceroy Chang to grant $4.000 a month to defray police expences. His Excellen- cy has instructed the Bureau of Local Affairs to pay the amount. This is a wise decision as the raising of new taxes from other sources might cause trouble, because the people are having rather hard times and business is slack every- where.
Wong Taotai, the Chief of Police here, being short of funds, owing to the destruction of the flower boats by fire at Tai-shu-tau and the con.
NEW COPPER COINS.
The Viceroy has given instructions to the Director of the Provincial Mints to strike $50,000 worth of copper cents every month. The design of the new coppers coin will be exactly the same as the old one. The coins of course, will bear the new designation of the reign-Sheun Tung.
sequent diminution in the taxes collected both from the flower boats and their inmates, has
CANTON-HANKOW RAILWAY.
PRACTICALLY UNDER THE COSTROL OF THE GOVERNMENT.
writes) that the Prime Minister, Chang hi It is reported (our Canton correspondent Tung who has supreme control of the Canton- Hankow Railway, Taotai Wong Ping Yan to superintend the con- hus specially delegated struction of the railway and to reside permanently in
He will investigate the railway affairs and report as to the actual financial condi- tion and also as to the amount of work com.
anton.
pleted and in progress.
If the capital is not sufficient or if there is any incapacity shown the Government is to take
over the concern.
T is appointment may be a lunder on the part of the Central authorities at this juncture, for since the Cantonese people have undertaken to construct the line themselves, at no time since the line was started has more activity been shown than within the last few months. This increased activity has doubtless een due to the threat of the Central Government to turu the undertaking over to the officials. Under the able direction of Sir Chan Tung Liang Sheng. who has shown himself an able administrator. matters have been pushed ahead of late and beyond Yun Tam, the present terminal station work is proceeding for more than 40 miles about 48 miles from Canton. observers give full credit to the Chinese for the ompetent way in which the work is being done. The road is well laid while the scenery along the route is beautiful.
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achieved and will certainly suffer o interference The Cantonese are proud of what they have
Yan's task is a delicate one and unless he shows from the Central Government Wong Ping exceptional ability in managing his so called supervision the shareholders might make the place too hot for him. The Cantonese are a fairly independent lot and where their interests ure at stake a mere edict will have very little effect.
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∙173
FOREIGNERS AND MORTGAGES ON CHINESE PROPERTY IN CANTON.
Chang in a dispatch to the Provincial Trea
Our Canton correspondent writes:-Viceroy surer dealing with the subject of mortgages of leasehold properties to foreigners by hinese in all the Treaties made between China and the subjects points out to the Treasurer Woo that Foreign Powers nothing whatever has been land and houses to Foreigners by Chinese sub- mentioned in them regarding the mortgage of jects. His Excellency instructs the Provincial Treasurer that in future when Chinese subjects horrow
money from foreigners on leasehold properties the proper course to adopt is to draw up a document of guarantee or в pro missory note with a clause specifying the leasehold properties pledged with foreigners as guarantee for the repayment of the loan. The promissory note or document of guarantee will yamen which has jurisdiction over the property have to be registere l against the property at the pledged. Such transactions must not be put through by a deed of mortgage and no title the foreigner. There is also a difference in the deeds of the property should be handed over to
conveyance of properties acquired by foreign merchants in Treaty Ports and missionaries in the interior of China. Properties aro trans- ferred to Foreign merchants by a perpetua lease and to missionaries by absolute assignment. In the 32nd year of Kwang Su, the Kwang- tung Bureau for the Registration of Leasehold Properties petitioned the Viceroy to sanction a new regulation regarding loans advanced to
NEW SOLICITOR ENROLLED.
Eefore the business of the day was proceeded with at the Supreme ourt yesterday the Hon' Mr. W. Rees Daries, K. Attorney-General, moved for the admission of Mr. Hing Kam Hung as a solicitor of the Court. Mr. Hing Kam Hung had had quite a distinguished career, He was educated at Queen's "ollege, Hongkong, and afterwards went to England where he was articled to the firm of Messrs, Allithorne, Currie and Co., Gray's Inn. with whom he remained during his articles. He passed the final examination of the Incorporated Law Society in the month of June, 1903, and was admitted a solicitor of the Supreme Court in England on October 14th of the same year. He also obtained a certificate for first class honours from the Incorporated Law Society in June 1908. In December he returned to Hong- kong and intends to join the firm. of Messrs. Deacon. Looker and Deacon as assistant solicitor.
an
His Lordship said he had looked through the papers; they were all right, and he had much pleasure in admitting Mr. Hing Kam Hung as a soilcitor of the Court.
The period of State mourning in China expired on Saturday, and the Board of the Interior by proclamation commanded all people to have their heads shared on that day.
hinese subjects by foreigners on leasehold pro- perties. From inquiries made His Excellency stated that he had discovered that Chinese subjects Ind habitually borrowed money from foreigners by mortgaging their properties. If the new regulation is not strictly enforced trou- bhlo may arise. On the 12th day of the 12th moon of the 24th year of Kwang Su, Leong Shun Yan Tong mortgaged certain properties in Canton, situated in Shakee Taikai to Messrs. states that he has already communicated with Deacon &o., a British firm. The Viceroy
has requested the Consal to have the mortgage the British onsul in regard to this matter and
deed altered into a documeat of guarantee to secure repayment of the loan and have it registered at the Nam-Hoi Magistracy against the Viceroy's dispatch to the British Consul the properties. It was also distinctly stated in that in futurs. if any hinese subjects raise louns on leasehold properties from British subjects and if the hinese subjects fail on due date to redeem the property it is the duty of the foreign merchant to request the hinese officials to dispose of the property so pledged and repay the loan out of the proceeds of sale.
It no interest is paid to the foreign merchant during the continuance of the loan he can only collect the rent of the houses as interest, bat he will not be permitted to raise the rent nor will he be allowed the privilege of entering into possession of the property. The forsiga merchant will also not have power to dispose of the property by public or private sale. Once a property is pledged with a foreigner, the landlord, cannot mortgage it to another person. If the landlord is indebted to other people he will not be allowed to make use of the property to guarantee this debts after a property is pledged to a foreign merchant.
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If the landlord makes use of the house for any illegal purposes or if the laudlord should permit the house to be used for such purpose as to infringe any of the laws of Cains the Chinese authorities will have power to seal and von- fiscate the property. If the creditors of the landlord were to institute an action in the ⚫hinese courts and attach the property and the property is sold, the amount advanced by the foreign merchant on the property will be paid off first. In future if any Chinese subjects borrow money on their property from foreign mer- chants they must abide by the above regulations. The Viceroy instructs the Provincial Treasurer to draw up a form of guarantee and forward copies of it to all the officials in the Frovince of Kwangtung sc that they may have same printed for use, in the event of Chinese subjects borrowing money on their properties from foreign merchants.
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