Page:Chinese Life in the Tibetan Foothills.djvu/77

Rh In cases where it is necessary for two parties to have a copy of the agreement the two papers are written together and then divided. On the side of each is written the two characters 合同 ho t‘ung. These two papers must be produced and fitted together in order to verify their genuineness. To give over the new title deeds to the new owner is chiao hsin ch‘i 交新契; if the old deeds (lao 老 ch‘i) are not produced and given up it must be so stated in the new agreement, and that hereafter they are only waste paper.

Any family division of inheritance agreements fên kuan 分關 are handed over to the new owner. A fên kuan is rather a shaky deed on which to risk a purchase; as the old agreement is sure to be in some person's hands, and that is the test of ownership. To take over the tenants who may be on the property is called huan tien 換佃. The main part of the price is generally put in a cash shop till certain things are done, and the buyer and seller in company with the witnesses then go to see the money given over.

To settle the percentage to be paid to creditors when the mortgages on the property are higher than the sale price is called t‘an tang chia 攤當價. The payment of the middlemen, hsieh chung 謝中 is done by the seller; the usual rate being 2 per cent.; the purchaser also gives a present of a few taels to each person engaged. The title deeds are stamped on payment of the stamp duties, kuo shui 過稅. The cost before the revolution was about 20 per cent. Title deeds that are not stamped are no good in law.

mortgage to the utmost value of the property, when the mortgagee has the right to farm the land, is ying tang kuo ching 硬當過耕. This is equivalent to a sale, but the mortgagee "saves his face" by not selling; or he is allowed to find tenants to farm the land; this is almost the same as the other. When the former owner reserves the right to