1980-HKRS28-16-28_Part04 — Page 35

Authenticated Laws 確真本香港法例 All

Verifica Boo

terial.

Pandeglame do

be coamined

in memorial

Schedule.

of verulentG

mariat.

6

7. Every such memorial shall contain a just and truc account of the several particulars therein set forth and shall be verified-

(c) by the outh of some competent person taken before

ady justice of the peace; or

(6) by the certificate of a person admitted and enrolled

as a solicitor in the Colony: or

(c) where the memorial has been prepared in the Land

Office, by the certificate of the Land Officer.

B. (1) The memorial of any deed, conveyance, or other instrument în writing, and of any will, shall contain the date of such deed, conveyance, or other instrument, or of such will, and the particular nature and object thereof. the names and additions of all the parties to such deed, conveyance, or other instrument, and of the devisor and devises or devisees of such will, and the names and additions of all the witnesses thereto and shall especially particularize and express the parcels of ground, tenements and premises affected or intended to be affected by such deed, conveyance, or other instrument, or by such will, and the proper and ordinary or accustomed names of the places where the same ure situats, and (except in the case of a will) the pecuniary or other consideration for the same, in the form or to the effect of the form in the Schedule.

(2) The memorial of any judgment shall contain the pames and additions of the plaintiff and defendant, the sum thereby recovered or secured, if any, the time of entering up or recording the same, and the sum of money bona fide due thereon, if any.

(3) Provided always that when there are more writings than one for perfecting the same conveyance, devise or security affecting the same parcels of ground, tenements, and premises, all auch writings shall be stated in one and the same memorial, in which it shall be sufficient to partic- ularize such parcels, tenements and premises only once.

Nambering.

(1) On the delivery of any such memorial as receipt for, and aforesaid," the Land Omcer shall number the memorial according to the order of time in which it has been so delivered, and shall give a receipt for it, in which receipt shall be specified the certain day and time of day when the memorial was so delivered, and the proper number thereof in the register of the Land Office.

Reeluration and costudy of memorar!.

(2) The Land Officer shall also in like manner imme diately endorse on the back of the memorial a certificate containing the day and the time of day when the memorial was so delivered, and the name and place of abode of the person verifying it, and shall sign the certificate when so endorsed.

(3) Such certificate shall be taken and allowed as evidence of the registration, and of the time of registration, of the deed, conveyance, or other instrument, or of the will or judgment, of which the memorial has been so made.

10. Every such memorial shall, as soon after the receipt thereof as practicable, be carefully registered by the Land Officer, in regular succession as received, according to its

Indices of bod registered and of parties to Josurumaciona

Entry of wakfacelon of mkamate or judgment and. nisation of corufcate of audretion.

Chateny, TerAcadcm

Budd Custody of certificate nd antinfaction of mortgage

A ludtbent

Venficacion

of correction in memorbl of reglatry.

proper number, in a particular book to be kept by him for that purpose, and shall afterwards be deposited by him in some secure place in his office, and there kept for future reference when required.

11. The Land Officer shall also keep an index of the parcels of ground, tenements, and premises mentioned to every such memorial and also a like index or indices of the names of the several parties to deeds, conveyances, and other instruments in writing, and of the devisors and devisees in the case of wills, and of the plaintiffs and defendants in the case of judgments, with accurate references in all such indices respectively to the number and page of registry of the memorial to which any entry in such indices relates.

12. In the case of any mortgage or judgment registered, if at any time afterwards such verified certificate as is bereinafter next mentioned is brought to the Land Officer, signed by the mortgagor and mortgages or plaintiff and defendant or their agents as the case may be, and attested by 2 credible witnesses, whereby it appears that the whole of the moneys due on such mortgage or judgment have been fully paid, or that such mortgage or judgment is other- wise satisfied, then the Land Officer shall make a short entry or memorandum thereof on the memorial and on the margin of the registry of such mortgage or judgment, and shall afterwards carefully register the certificate in one of the registry books of his office, and the Land Officer sball make an entry thereof in his indices referring accurately to the page of registry of the certificate.

13. (1) Every such certificate shall contain the follow- ing particulars, that is to say, in the case of a mortgage the dames and additions of the original parties, the date of the instrument, the sum thereby secured, and the lime of payment or other satisfaction thereof; and in the case of å judgment the names and additions of the plaintiff and defendant, the time of entering up or recording the same, the sum thereby recovered, if any, and the date of payment or other satisfaction of the amount bong fide due therson, if any.

(2) Every such certificate shall contain a just and true account of the several particulars therein set forth and shall be verified--

(a) by the oath of some competent person taken before

any justice of the peace, or

(6)

by the certificate of a person admitted and enrolled as a solicitor in the Colony.

(G) On the back of such verified certificate the Land Officer shall immediately endorse the date when the same was received by him, and the name and place of abode of the person verifying the same, and the certificate shall, after being so endorsed and entered as aforesaid, be safely kept in his office for future reference when required.

23. Any correction by crasure, interlíocation, or other- wise in any memorial of the registry of any document shall be noted and set forth at length in red ink in the margin of the memorial wherein it is made, together with the reasons for making the same, and shall be attested and verified by the signature of the Land Officer.

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