the Kditor of the Si.—The proposed new Land Regulation No. Vie merits, 1 think, the eared ini consideration of the ratepayers, and the present seems a convenient opportunity to consolidate and redraft the somewhat obscure Regulati dealing with the acquisition and making of public cads. Most of us will agree with what the Privy Council said in' the Ince case about the wording of Regulation VI, and many points have arisen, and are sure to rise, which are not provided for by the sting Regulations. - It frequently' happens for instance that a road, which has hoon scheduled, is allowed to' stand over for many years before anything further done by the Council, or is ultimately abandoned; and cases difficulties arise which the Land Regulations should provide for. First there is the questi of change of ownership of According to present practice if Chinese-owned land is transferred to a forei either for the purpose of obtaining a title deed, or by way of absolute sale, the transferee, cannot obtain the compensation which the Chinese owner would have obtained had it not been transferred and further the Chinese transferor thereupon also loses his right. of compensation. Why the Council should be entitled 16 escape paying any compensation for land taken under ti instances is far from clear. Under the new Regulation a foreigner will presumably buy subject to the liability to pay for the making of the road, and it is difficult to see why he should not also buy with the benefit of such compensation as is payable; especially as he pays taxes un the scheduled lind. If he emmet obtain the compensation, why should not the Chinese get it. considering that the price obtainable by him is reduced by the value of the Secondly as regards the use the owner is entitled to make of his land after a roud is scheduled which covers part of it. It is obvious that the owner carnot the public interest be allowed to de with it as freely as he otherwise would cly, Niter notice that. the land will ultimately be required the owner cannot have a free hand to build on it, or in prove it, and make the C his entia when a long peri ing, an injustice is done to the owner in enrta ug his liberty of dealing with owners affect wer to compel the Couneil- to pri In practice the application for a building permit is utilised to force the Council's hand, but the regulations should make it clear what the rights of the parties are.
Next as regards abandonment. It happens from time to time that a road which has keen scheduled for a considerable period is subsequently abandoned, or deviated; has the Council power to abandon' or deviate a road? and are they bound to compensate for loss caused by such abandonment? The scheduling of a road is sure to affect the value of the land through which it passes; and, on tie assurance of the published plan, proper-ay be bought and sold at. increased prices. If the road is abandoned is not the Council responsible for the loss occasloned? If the publication of the pla contract to purchase, subject to price being agreed on, in the same Way as a notice to treat' does under English ta ould certainly appear that the Council would, in many cases, he liable for such toss.' This should be provided for in the Regulations.
T would also suggest that the lines of new roads be in the first instance marked out with pegs, or the land owners served with notice as in the case of compulsory sale in England. My experience is that Chinese seldom seo the plans, and. know very little about the scheduled roads, and even foreigners are often ignorant of the demands made on their land.
The new Regulation provides that two-thirds of the cost of making up new roads shall be recovered in a summary manner from the foreign renter and native owner land immediately" fronting, join. ing or abutting on the road, accord ing to the frontage of their respective premises, and'in such proportion as is settled by the Council, or in case of dispute by the Land Commissioners. I eanot say that the wording of this part of the Regulation is free from obscurity. What is the proportion payable by the fers and land owners he clause first says it is to be accord-ug the frontage, but these words are by "in such proportion as is the Council or Land Commis-Clearly frontage is no. fair 1 know a case of a lot 185 feet long 12 feet wide. Owing to a title deed ing been obtained after the schedule ing of a road, " free surrender of 30 feet along the whole length was required, leaving a strip 12 feet wide. According to the frontage principle this strip might have to hear the major part of the road, while a largo block with narrow frontage would escape with a trifling payment.
The proper criterion is increase of ne: and a betterment schedule should in each case be prepared assessing the estimated improvement to the lands affected, and on thi: basis the cost of making up the road should be provided Miscellaneous,
Text read from the printed page and cleaned; old type leaves the occasional error.