I respectfully direct attention to the Registration Tax Ordinance, (Enclosure No. 3) which provides, upon certification of land rights, for the payment of fees ranging from one half of one per centum to two per centum of the value of the land or of the rights therein. This provision appears to mark the first attempt on the part of the Government to levy an equitable land tax. Provision is also made for the payment of fees by juridical persons. Article 7, paragraph 3, provides that upon certification of the sites of shrines and temples and tomb lands registration taxes shall not be paid. I have asked whether this category would include Christian churches, but have not, as yet, received a reply. I have [etc.] EDWIN L. NEVILLE. File No. 895.52/11. No. 86.] The American Ambassador to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to the Embassy's despatch No. 12951 of February 7, 1911, in regard to the rights of American citizens claiming title to land in Chosen (Korea), with which were enclosed notes exchanged with the Foreign Office on the subject, I have the honor to transmit, in duplicate, a copy of a despatch No. 3582E. of June 7, 1912, from the Consul-General at Seoul, enclosing a circular 2 issued on that day to foreign owners of land and their agents by the Land Investigation Committee of the Government-General at Seoul. I would respectfully call the Department's attention to the provisions of the first paragraph of the circular, entitled "Matters to be paid attention to by Foreign Land-Owners," which is as follows: Land-owners shall present reports of their lands or copies of consular registrations of their lands directly to the Land Investigation Bureau or officials of the same office. It is better for them to send reports of their lands than to send copies of Consular registrations. The investigation into land titles which is now being conducted by the office of the Government-General at Seoul is of great interest to American citizens resident in Korea, many of whom are land owners. Inasmuch as the provisions of the first paragraph did not seem to be in accord with the assurance that Consular registrations would be considered as prima facie evidence of title, which was expressed in Count Komura's note of February 4, 1911, a copy of which was enclosed with the Embassy despatch of February 7, 1911, herein referred to, I today addressed a note to the Foreign Office referring to the circular and requesting that the probative value contemplated in Count Komura's note be accorded registrations of land from the archives of the American Consulate-General at Seoul. I beg to enclose a copy of this note. I have [etc.] 1 Should be 1297; see For. Rel. 1911, p. 333. CHARLES PAGE BRYAN. 2 Not printed. [Inclosure 1.1 The Consul General at Seoul to the American Ambassador. No. 3582 E.] AMERICAN CONSULATE GENERAL, Seoul, June 7, 1912. SIR: Referring to my letter of December 9, 1910, (No. 1754), addressed to Mr. Schuyler, and to Mr. O'Brien's reply thereto, of February 7, 1911, (C. No. 1514),' relating to the investigation of lands by the Government of Chosen, I have the honor to enclose herewith circulars, which have been this day issued to foreign owners of land and their agents by the Land Investigation Committee at Seoul, containing instructions to aid in said investigation. I have [etc.] GEO. H. SCIDMORE. [Inclosure 2.] No. 54] The American Ambassador to the Minister for Foreign Affairs. AMERICAN EMBASSY, EXCELLENCY: Referring to this Embassy's note of December 15, 1910, and to the reply of your excellency's predecessor, Count Komura, of February 4, 1911,* in regard to the investigation of land titles in Chosen, I have the honor to request your excellency's attention to the circular "Matters to be paid attention to by Foreign Land-owners" which was on June 7 issued to foreign owners of land and their agents by the Land Investigation Committee of the Government-General. The provisions of the first paragraph of this circular require that land owners shall present to the proper officials "reports" of their lands or copies of Consular registrations of their holdings, and continues, "It is better for them to send reports of their lands than to send copies of Consular regulations." In the note herein referred to, Count Komura assured the Embassy that the Consular registrations would, in the investigations undertaken by the Government-General, be taken as prima facie proof of the ownership of the land recorded. I am confident that your excellency under these circumstances will take the necessary steps to the end that the records of registration from the archives of the American Consulate-General at Seoul shall be accorded the probative value contemplated in Count Komura's note. I avail [etc.] CHARLES PAGE BRYAN. File No. 895.52/12. The American Ambassador to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to my despatch No. 86 of June 14, 1912, in regard to the rights of American citizens claiming title to land in Chosen (Korea), I have the honor to enclose herewith a copy of a note (No. 1) received this day from the Japanese Foreign Office in reply to my note No. 54 of June 14. I have [etc.] CHARLES PAGE BRYAN. For. Rel. 1911, p. 330. 1 For. Rel. 1911, p. 328. For. Rel. 1911, p. 333. No. 1.] [Inclosure.-Translation.] The Minister for Foreign Affairs to the American Ambassador. DEPARTMENT OF FOREIGN AFFAIRS, MR. AMBASSADOR: In acknowledging the receipt of Your Excellency's note No. 54 dated the 14th ult., in which you deem it necessary to call my attention to certain provisions of the circular "Matters to be paid attention to by foreign land-owners" which was issued by the Land Investigation Bureau of the Government-General of Chosen, I have the honor to state that having at once communicated the above to the Government-General, I am now in receipt of a reply therefrom to the following effect: With a view to make known the necessary formalities in connection with the land investigation in Seoul to all foreigners owning land there, the Temporary Land Investigation Bureau detailed in the beginning of June last some of its members to foreign Consulates in Seoul with the request that the two circulars "Matters to be paid attention to by foreign land-owners hereto appended might be distributed to the landowners interested; and the expression "It is better for them, etc." cited in Your Excellency's note under acknowledgment is merely an English rendering of the Japanese ē. The purport of the circulars was to show that either formal reports relating to land tenure or copies of Consular registrations would be sufficient; but as blank forms hereto appended (marked C) for writing reports on had been prepared by the said Bureau, it would be more convenient both for presenters of reports and the authorities concerned to fill up the same according to Form B.; and the circulars were not intended to affect in any way the validity of Consular registrations. In communicating the above to your excellency, I avail myself on this occasion to renew to you, Monsieur l'Ambassadeur, the assurances of my highest and most distinguished consideration. VISCOUNT Y. UCHIDA. File No. 895.52/13. The American Consul General at Seoul to the Secretary of State. No. 367.] AMERICAN CONSULATE GENERAL, SIR: I have the honor to transmit herewith a translation of an ordinance, with subsidary regulations,1 promulgated by the Government General of Chosen on August 13, 1912, relating to land surveys and titles. These measures supplement and in a few particulars modify the law No. 7, promulgated August 24, 1910, a translation of which was forwarded by me to the Department through the Embassy at Tokyo in December, 1910.2 Article 2 of this ordinance provides for numbering and classifying holdings. Article 3 gives as the unit for areas the "tsubo" or "bu ", equivalent to nearly 36 square feet. There are about 1200 tsubos to an acre. Articles 4 and 5 relate to information to be furnished to the Land Investigation Bureau by land owners or lessees. Article 6 relates to appointment of representatives of owners to assist in investigation and survey. Article 7 relates to attendance of parties, and witnesses and production of muniments of title. Article 8 authorizes entry upon lands by officials, after notification, and for compensation for damage arising from such entry. 1 Not printed. See For. Rel. 1911, p. 328. Under Articles 9, 10, and 11 the President of the Special Land Investigation Bureau shall decide as to ownership and boundaries of land, and publish the same during 30 days, after which, and within 60 days following, dissatisfied parties may appeal to the Higher Land Investigation Committee. Articles 12, 13, 14, and 15 relate to procedure on appeal. Under Article 16 a rehearing before the Higher Land Investigation Committee may be applied for within three years from the date of its decision in cases of misconduct of the parties or fraud. Article 17 provides for land registers and maps. Articles 18 and 19 prescribe penalties. The appended regulations give further details as to the application of these articles. I have [etc.] GEO. H. SCIDMORE File No. 895.52/12. The Acting Secretary of State to the American Ambassador. No. 431 DEPARTMENT OF STATE, Washington, September 7, 1912. SIR: The Department is in receipt of your despatch (unnumbered) of August 2, 1912, transmitting copy of a note from the Japanese Foreign Office relating to certain provisions of the circulars issued by the Japanese Government concerning the rights of American citizens claiming title to land in Chosen. Your action in this matter has the approval of the Department, and it notes with satisfaction the statement in the communication from the Foreign Office, dated August 1, 1912, that the circulars were not intended to affect in any way the validity of consular registrations. I am [etc.] ADVEY A. ADEE. File No. 895.52/14. The American Consul General at Seoul to the Secretary of State. No. 382.] AMERICAN CONSULATE GENERAL, SIR: I have the honor to enclose herewith a clipping from this morning's edition of the semi-official "Seoul Press," entitled "Suspension of Issue of Land Title Deeds," in which it is stated that the issue of title deeds or land certificates will be unnecessary under present arrangements, "the ownership of land in Chosen being fully ensured by means of the registration by owners in the official land ledger," and that "copies of the land ledger will, on application, be given to land owners, after the investigation work has been concluded." Article X of Korean Law No. 7, promulgated August 24, 1910, a translation of which was forwarded from this office through the American Embassy at Tokio under date of December 9, 1910,1 provides: "The Government shall provide registers of lands and maps, record affairs concerning lands, and issue title deeds for lands." I have [etc.] GEO. H. SCID MORE. [Inclosure.] Suspension of Issue of Land Title Deeds. It was originally planned to issue title deeds to ensure the possession of land to land owners in Chosen, on the conclusion of the investigation of land now being carried out by the Government-General. Subsequently, however, the Chosen Civil Law as well as the Law for Registration of Immovable Assets in Chosen was promulgated, and by virtue of these two laws the ownership of land in the peninsula has come to be fully ensured. In consequence it has now been considered that the issue of land certificates is unnecessary and the plan has been cancelled, the ownership of land in Chosen being fully ensured by means of the registration by owners in the official land ledger. Copies of the land ledger will on application be given to landowners, after the investigation work has been concluded. ABANDONMENT OF THE PROPOSED INTERNATIONAL EXPOSITION AT TOKYO.2 File No. 894.607A/231. The American Ambassador to the Secretary of State. No. 44.] AMERICAN EMBASSY, SIR: Referring to my despatch No. 17, of January 8,3 reporting that I had been informally advised by the Department of Agriculture and Commerce of the Japanese Government that the proposed holding by the Government of an International Exposition at Tokyo in 1917 had been abandoned, I have the honor to transmit herewith copy of a note, dated February 29, from the Foreign Office, stating officially that the Government have, to their deep regret, been compelled by unavoidable circumstances to abandon the project. Some reference has been made in the local press to the possibility that those countries, including America and Mexico, which had arranged for participation in the exposition, might feel offense in the abandonment of the enterprise, but it should be viewed simply as an economy made necessary by the present Government's policy of retrenchment in national finance. The Minister for Foreign Affairs, in my last interview with him, said the chief regret of himself and his colleagues at the abandonment of the exposition was on account of the generous appropriation made by our Government, granted as a bounteous evidence of friendliness and encouragement. I have [etc.] CHARLES PAGE BRYAN. 1 For. Rel. 1911, p. 328. 2 See Fer. Rel. 1908, p. 515. 8 Not printed. |