CROWN RENT (N.T.) REGULATIONS

CROWN RENT (N.T.) REGULATIONS

Provided that when any document, to which any of items (a) to if
of the foregoing scale is applicable, is tendered for registration in any
District Land Office and such docurment relates as well to property
situate outside the New Territories, then and in any such case, and for
the purpose of ascertaining the amount of the registration fee, regard
shall be had only to the value of the property within tile. New
Territories, as determined by the District Officer, and the amount of the
fee payable shall accordingIy be deterMined by him.
2. The above fees shall be paid by means of stamps which shall be
duly cancelled by the Land Officer who shall render to the Accountant
General all accurate account of all such fees.
3. The Land Officer shall have power in cases where he is of
opinion that the consideration money passing oil a sale as stated in Hie
conveyance does not represent the proper value of the land at the date
of such sale to assess the amount of such consideration for the put-
poses of fixing the fee payable but not otherwise.
4. These rules rnay be cited as the Land Office (N.T.) Fees Rules.

CROWN RENT (N.T.) REGULATIONS.
(Cap. 97, section 46).
(Ordinance NO. 34 of 1910).

[ 1st Dec., 1905.]

1. Where default has been made by any person in payment of
Crown rent or other money due in respect of any land held from the
Crown under Crown lease, grant, agreement or licence, it shall be lawful
for the Collector of Crown rent to issue a warrant of attachment under
his hand and seal in the form in the Second Schedule to these
regulations, and the said Collector or any person authorized by him may
by virtue of such warrant seize any personal property of the registered
owner of the land, whether on the land or





premises in respect of which the arrears of rent or other money is due or
riot, and he may also seize any live stock, goods, chattels, effects and
crops, to whomsoever belonging which may be found on the land in
respect of which the arrears are due, and may after the expiration of the
prescribed period sell the same by public auction in the manner
hereinafter prescribed : Provided that the Collector shall riot issue
any suchas aforesaid until a summons in the form
in the First Schedule to these regulations has been issued
by him calling upon the registered owner to appear before
the Land Officer and show cause why such warrant should
riot issue, and such registered owner either falls to appear,
or having appeared fails to show sufficient cause as aforesaid.
The said summons may be served either by delivering it to
the registered owner personally or by leaving it at his usual
or last-known place of abode or business or on the land
in respect of which the arrears of rent are due, or by posting
it in some convenient place near to the land itself and at tile nearest
temple, police station or other conspicuous building in the vicinity.

2. The attachment of any movable property shall be made b actual
seizure, and an inventory shall forthwith be taken of such property by
the person making such attachment (hereinafter called the attaching
officer), who if required shall deliver a copy of such inventors, to the person
owning or claiming to own the property attached. The property attached shall be
kept in the custody of the attaching officer or some person authorized
by him, with power to impound or otherwise secure the same on the
land or premises whereon the same was seized or to remove the same as
lie may think fit.

3.The attaching officer shall not without the written
permission of the Collector of Crown rent enter any dwelling-
house after sunset or before sunrise nor break open the outer
door of an dwelling-house, but where lie has duly gained
access to any dwelling-house he ma break open any, inner door of any
room in which lie has reason to believe there is any property liable to
attachment.

4. The attachment of crops shall be effected by notice in the form
in the Third Schedule to these regulations pro-





hibiting the person in possession of or claiming the same from removing
or dealing with the same. Such notice shall be posted on the land on
which the crops are growing and a copy thereof shall be posted at a
temple, police station or other conspicuous building in the vicinity.

5. At the expiration of three days from the date of seizure,
including the day of such seizure, the property attached may be sold by
public auction by the person appointed by the Collector of Crown rent
in such lots and in such manner as may be deemed expedient : Provided
that where the property seized is of a perishable nature, or when the
cost of keeping it in custody appears likely to exceed its value, it may be
sold immediately after seizure.

6. If any person claiming any interest in any property likely to be
sold under the provisions of these regulations at any time previous to
such sale tenders to the attaching office r the full amount of the arrears,
together with all fees and costs incurred, the said officer shall thereupon
release the property seized.

7. No officer having any duty to perform in connexion with any
sale under these regulations shall either directly or indirectly bid for,
acquire or attempt to acquire any property sold at such sale. Any sale
under these regulations may lie adjourned from time to time if the said
officer sees good reason for such adjournment.

8. On the sale of any property under these regulations, the price of
each lot shall be paid at the time of sale or as soon thereafter as the
officer conducting the sale may direct and in default of payment the
property shall be put up again and resold. On payment of the purchase
money, the officer conducting the sale shall give a receipt for the same.

9. rhe costs of any proceedings under these regulations for
recovery of arrears may be recovered in the same way as if they formed
part of such arrears.





10. If any person whose personal property or crops have been
attached or sold under the provisions of these regulations disputes the
propriety of the att achment or sale., he may, on depositing the full
amount of arrears claimed together with all the costs incurred, apply to
the Collector of Crown rent for ail order to stay proceedings and the
Collector after hearing the parties shall make such order as he may think
just.

11. Any person in possession or occupation of an), land or
premises in respect of which Crown rent is in arrear who removes or
carries away, or attempts to remove or carry away, or causes or permits
to be removed or carried away, or knowingly or wilfully aids or assists
any person to remove or carry away, from the land or premises any
movable property liable to seizure under these regulations, so as to
hinder or prevent the attachment or seizure thereof, and every person
who knowingly or wilfully destroys, damages or removes, or permits or
assists to be destroyed, damaged or removed. any growing crops in
order to hinder or prevent [lie attachment or seizure thereof, shall be
deemed to have committed a breach of these regulations and shall be
liable to a penalty of twenty-five dollars to be recovered by summary
proceedings before a magistrate.

12. It shall be lawful for any police officer to stop and detain until
due inquiry can be made all persons engaged between 8 p.m. and 6 a.m,
in removing any goods or crops liable to be attached under these
regulations.

13. No attachment shall be invalidated by reason of any defect
therein in substance or in form, nor by reason of the fact that the person
named as registered owner in the notice or warrant is dead or absent
from the Colony or cannot be found or is non-existent.

14. Any order, judgment, writ or other process made or issued by
the Land Officer under the authority of sec-
ion 13 of the Ordinance, may be executed by any bailiff of the Supreme
Court, or by any other fit person named for the purpose by the Land
Officer.





15. Every person who hinders or interferes with any officer lawfully
acting under these regulations, or removes or damages any notice
posted under these regulations or any movable property or crops
attached under these regulations, or molests any purchaser of any
property sold under these regulations, or incites any other person to
any such act, shall be deemed to have committed a breach of these
regulations and shall be liable to a penalty of twenty-five dollars to be
recovered by summary proceedings before a magistrate.
16. The following fee may be demanded tinder these
regulations-
warrant of attachment $1.00
A charge, calculated at a rate not exceeding forty cents a day for
each man, may be made when it is necessary to place a person or
persons in charge of property attached.
17. These rules may be cited as the Crown Rent (N.T.) Regulations.

[reg. 1] FIRST SCHEDULE.

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition)

CROWN RENT (N. T.) REGULATIONS.

Summons.
TAKE NOTICE that you of
having made default in the payment of Crown rent to the
amount of are hereby summoned to appear before the
Assistant Land Officer at on the
day of 19 at o'clock in the noon
to show cause why a warrant should not issue for the recovery
of the said amount by attachment and sale, and that if you fail to
appear or fail to show cause as aforesaid, a warrant of
attachment will be issued forthwith.
Given at the District Land Office at
this day of 19
Collector of Crown Rent.





[reg. 1.1 SECOND SCHEDULE,

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition)

CROWN RENT (N. T.) REGULATIONS.

Warrant of attachment.
To.
Attaching Officer.
WHERFAS default has been made by of in
payment of the. sum of $ being arrears of Crown rent
recoverable under the Crown Rent (N.T.) Regulations as noted
below:
THESE ARE TO COMMAND YOU to attach the personal property
Ofthe registered owner of the
lot described in the certified extract issued to
onwherever the same may be found, and also the
live stock, goods, chattels, effects and crops, to whomsoever
belonging, which may be found on the said lot
and unless the said sum of $ together with $1.06
attachment fee and any other costs and expenses lawfully incurred
by you in executing this warrant, are paid, to sell or otherwise
deal with the property attached in manner provided by the said
regulations.

YOU ARE FURTHER COMMANDED to return this warrant
immediately after the execution thereof with an indorsement certifying the date
and manner in which it has been executed, or the reason why it has not been
executed,
Dated this day of 19
[L.S.]
Collector of Grown Rent.
[Regulations 15 and 16 to be printed here.]


[reg. 4.1 THIRD SCHEDULE.

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition)

CROWN PENT (N T.) REGULATLONS.

Notice attaching crops.
WHEREAS of has failed to satisfy an
arrear of Crown rent amounting to $





NOTICE is hereby given that the property specified below
has been attached under a warrant of attachment issued by
the Assistant Land Officer at on the day of
, 19 , and the said and
all other persons are hereby prohibited from removing or dealing
with the said property, and all persons are prohibited from receiving
the same by purchase, gift or otherwise.
The day of 19
Attaching Officer.

DESCRIPTION OF PROPERTY.

S. D. Lot No. PROPERTY ATTACHED.





[Regulation 15 to be printed here.]

SMALL DEBTS COURT (N.T.) RULES.

(Cap. 97, section 63).
(Ordinance No. 34 of 1910).

[6th August, 1909.]

1. The procedure to be followed in every Small Debts Court shall be
as far as possible identical with the procedure from time to time followed
in the Supreme Court in its summary jurisdiction.

2. The forms contained in the Schedule to these rules shall be used
in every Small Debts Court in lieu of the forms used in the Supreme
Court in its summary jurisdiction, and for the purpose of applying the
procedure of the Supreme Court in its summary jurisdiction to the
distress warrant (Form H in the Schedule to these rules) such distress
warrant shall be deemed to be a writ of execution.

3. Whenever a party to any proceedings or a witness has been
duly summoned to attend before any magistrate
[r. 1 cont.] Regulations Fraser, vol. 2, pp. 647-653. Warrant of attachment for arrears of Crown rent after summons to registered owner.
Mode of attachment of movable property. Attaching officer not to break outer door. Attachment of crops.
[r. 4 cont.] sale. Release of property attached on payment. Officers not to bid. Payment by purchasers. Recovery of costs.
Application to Collector of Crown rent to stay proceedings. Penalty on attempts to evade attachment. Police to prevent removal of goods at night. Defects in form, etc., not to involidate attachment. Execution of judgment, etc.
Obstruction of officers, etc. Fees. Citation.
Regulations Fraser, vol. 2, p.654.

[r. 1 cont.] Regulations Fraser, vol. 2, pp. 647-653. Warrant of attachment for arrears of Crown rent after summons to registered owner.
Mode of attachment of movable property. Attaching officer not to break outer door. Attachment of crops.
[r. 4 cont.] sale. Release of property attached on payment. Officers not to bid. Payment by purchasers. Recovery of costs.
Application to Collector of Crown rent to stay proceedings. Penalty on attempts to evade attachment. Police to prevent removal of goods at night. Defects in form, etc., not to involidate attachment. Execution of judgment, etc.
Obstruction of officers, etc. Fees. Citation.
Regulations Fraser, vol. 2, p.654.

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