6 ORDINANCE No. 3 OF 1844.
Registration of deeds wills &c.
dates of registration , and that all such judgments deeds conveyances or
instruments in writing as last aforesaid , and all future devises which shall
not be registered in pursuance of this Ordinance shall ( as against any
subsequent bonâ fide purchaser or mortgagee of the same parcels of ground
tenements or premises for valuable consideration ) be absolutely null and
void to all intents and purposes. Provided that nothing herein contained
shall extend to bond fide leases at rack rent for any term not exceeding
three years .
Notice of 3. And be it enacted that no notice whatsoever, either actual or
unregistered
instrument
not to affect constructive, of any prior unregistered deed judgment will conveyance or
instruments
instrument in writing , shall affect the priority of any such instrument as
duly regis
tered . aforesaid as shall be duly registered in pursuance of this Ordinance.
Such instru 4. And be it further enacted that all judgments deeds wills conveyances
ment to be
registered or instruments in writing hereafter obtained made or executed, which shall
within a
certain time be duly registered within the respective times next mentioned : that is
after execu
tion. to say, all deeds conveyances and other instruments in writing ( except
wills ) which (if executed in Hongkong or its dependencies ) shall be
registered within one month, or which if executed in any other place shall
be registered within twelve months after the time of execution thereof
respectively , and all wills which (if the devisor die in Hongkong or its
dependencies ) shall be registered within one month , or which (if the
devisor die in any other place ) shall be registered within twelve months,
after the decease of every devisor respectively, and all future judgments
which shall be registered within one month after the entry or recording
thereof, shall severally be in like manner entitled to priority , and shall
take effect respectively by relation to the date thereof, only in the same
manner as if this Ordinance had never been made.
Mode of regis. 5. And be it further enacted that the registration intended by this
tration by a
memorial Ordinance shall be made in manner following : that is to say ; a memorial
containing
certain parti- containing the particulars hereinafter specified shall be delivered into the
culars to be
delivered to said Land Office , signed ( in case of deeds conveyances or other instruments
the Land
Officer. in writing except wills ) by some or one of the parties to the original deed
or instrument, or if such parties be dead or absent from the Colony, then
by one or more of the witnesses to such deed or instrument, and ( in case
of wills and devises ) signed by some or one of the devisees or his or her
guardian or trustees , and ( in case of judgments ) signed by the plaintiff
or plaintiff's : and every such memorial shall be verified by the oath of