CO129-005 - Sir Henry Pottinger - 1844 — Page 267

Such instrument within a certain time after execution.

4. And be it further enacted that all judgments deeds wills conveyances or be registered instruments in writing hereafter obtained made or executed, which shall be duly registered within the respective times next mentioned: "that is 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 whe's 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 Registra-

5. And be it further enacted that the registration inten'd by th tion by a Memorial Ordinance shall be made in manner following, that is to say "a Memorial containing certain containing the particulars herein after specified shall be delivered into the said particulars to be de- Land Office, signed (in case of deeds conveyances or other instruments 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 witnessess 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 plaintiffs: and every such Memorial shall be verified by the oath of some competent person, that the same contains a just and true account of the several particulars therein set forth, which oath shall be taken before the Chief Magistrate of Police, or before any Justice of the Peace of the said Colony.

livered to the land officer.

Particulars which Zain.

6. And be it further enacted that every memorial of any judgment shall it is necessary for contain the following particulars," that is to say " the names and additions of the the memorial to con- planitiffs and defendants respectively, the sum thereby recovered or secured, the time of entry or recording the same, and the sum of money bona fide due thereon; and every memorial of any deed or conveyance will or other instrument shall contain and set forth the date of such deed conveyance will or other instrument, and the particular nature and object thereof the names and additions of all the parties to such deed conveyance or instrument, and of the devisor devisee or devisees of such will, and the names and additions of all the witnesses thereto, anf shall especially particularize and express the parcels of ground tenements aud promises affected or intended to be affected by such deed conveyance will of instrument, and the proper and ordinary or accustomed names of the places where the same shall be situated, and (except in cases of wills) the pecuniary or other consideration for the same, in the form or to the effect of the form numbered i in the Schedule hereunto annexed. Provided always, that when there shall be more writings than one for perf cting the same conveyance devise or security affecting the same parcels of ground tenements and premises, all such writings shall be stated in one and the same memorial, in which it shall be sufficient to particularize such parcels tenements and premises only once.

Such memorial to be numbered by the Land Officer and a receipt to be given

7. And be it further enacted, that on delivery of any such memorial as be numbered by the aforesaid, the said Land Officer shall number the same according to the order of Land Officer and a receipt to be given time in which it shall bave been so delivered, and shall give a receipt for the same, for the same and in which receipt shall be specified the certain day and time of day when such Land Officer shall memorial shall have been so delivered, and the proper number thereof in the endorse thereon a Register of the said Land Office, and he shall also in like manner immediately certificate of the day indorse on the back of such memorial a certificate, containing the day and time of & hour when such memorial was deli- day when the same was so delivered, and the name and place of abode of the vered into his Office person verifying the same, and shall sign the said certificate when so indo sed and such certificate to be such certificate shall be taken and allowed as evidence of the registration, and evidence of the time time of registration of every such judgment deed will devise conveyance or other of Registration of instrument whereof such memorial shall be so made.

The Memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the Office.

8. And be it further enacted that every such memorial shall, as soon after be registered as soon the receipt thereof as practicable, be carefully registered by the Land Officer, in as possible in a pro- regular succession as received, according to its proper number, in a particular book per book and be de- to be kept by him for that purpose, and shall afterwards be deposited by him in posited in a secure place in his Office, and there kept for future reference when required,

Land Officer to keep an index of places and names connected with the instruments so registered with correct references to the proper page of the Registry book.

and he shall also keep an index of the parcels of ground tenements and prim'ses mentioned in every such memorial, and also a like index or indexes of the names of the several parties to conveyances and other deeds and instruments, and of devisors vennected with the and devisees in wills, and of the plaintiffs and defendants in case of judgments with instruments so re- accurate references in all such indexes respectively to the number and page of gistered with correct registry of the memorial to which any entry in sucli index or indexes shall relate.

references to the proper page of the Registry book.

enter satisfiction for mortgage.

Form of the certi- ficate of satisfaction

In case of mortga 9. And be it further enacted that in case of mortgages and judgments ges and judgments registered in pursuance of this Ordinance, if at any time afterwards such verified Land Officer shall certificate as is hereinafter next mentioned shall be brought to the said Land the same on receiv Officer, signed by the respective mortgagoers and mortagagees or plaintiffs and ing a verified certi- defendants or their agents respectively, and attested by two credible witnesses, ficate as after des whereby it shall appear that the whole of the monies due on any such mortgage cribed. or judgment have been fully paid, or that such mortgage or judgment is otherwise satisfied, then the said 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 sanie certificate in one of the registry books of his office, and the Land Officer, shall make an entry thereof in his index or indexes, referring accurately to the page of registry of such certificate.

10. And be it further enacted that every such certificate shall contain the on a judgment or following particulars; "that is to say", (in case of judgments the names and additions of the plaintiffs and defendants, the time of entering upor recording the same, the sum or sums thereby recovered, the date or dates of payment or other satisfaction of the amount bona fide due thereon, and in case of mortgages the names and additions of the original parties, the date of the instrument, the sum thereby secured, and the time or times of payment or other satisfaction thereof, and every such certificate shall be verified by the oath of some competent persou, that the same contains a just and true account of the several particulars therein set forth, which oath shall be made and taken before the said Chief Magistrate, or before any Justice of the Peace of the said Colóny, and on the back of such verified certificate the Land Officer shall immediately indorse the date when the same was received by him, and the name and place of abode of the person verifying the same, and the said certificate shall after being so indorsed and entered as aforesaid be safely kept in his Office for future reference when required.

Any person may deposit in the said land office for safe custody any conveyance deed will or other instrument

11. And be it further enacted that it shall be lawful for any person or deposit in the said persons whatsoever to deposit in the said land office for safe custody any convey- Office any deed will or other instrument ance deed power of attorney or instrument in writing whatsoever or his or her last will and testament of which deeds wills conveyances or other instrument the said land officer shall (first giving a receipt for the same) immediately make an entry or entries in a book to be kept for that purpose to which book he shall keep an accurate alphabetical index having reference therein as well to the name Wills when so de- of the testator or parties to each such deed or instrument as to the person or posited for safe cus- persons depositing the same and the said Land Officer shall carefully and securely lody to be wrapped keep all such deeds wills or other instruments in his said Office until required by up in an envelope the party or parties depositing the same to deliver them back again. Provided testator or testatrix, that every such will or testament shall be cnclosed within a cover or envelope; On the death of sealed with the seal of the testator or testatrix, whose name shall be endorsed by testator or testatrix the Land Officer on such envelope or cover, and every such will shall retain in Land Officer shall the said Offre until the dicense of the testator or to statrix unless he or she shall deliver the will to previously require the same to be delivered back, and upon the death of the the first named ex- testator or testatrix the said Land Officer shall (after examining such will) deliver

for safe custody.

under the seal of.

ecutor Or to any person ordered to receive the same.

duly authorized to receive the samë.

Officer or subordi- duty.

Penalty on Land 12. And be it farther enacted that if the said Land Officer or any other nate Officers wilful person employed in the said Land Office shall wilfully neglect or omit manner hereinbefore directed any memorial ly neglecting their to number register or enter m or certificate delivered into the said Office, he shall for every such offence forfeit and be liable to pay to Her Majesty Her, Heirs and Successors for the public purposes of the said Colony, the penalty or sum of five hundred dollars, and be Wilful destruction further liable in damages to the party injured to the extent of the loss or injury Forgery or altera sustained. And if the said Land Officer or any clerk or person whatsoever shall tion of any register wilfully destroy embezzle or secrete forge counterfeit raz? deface or alter any intent to defraud or memorial or any part thereof or any indorsement made thereon or any entry or injure punishable registry thereof in any book in the said office, with intent to defraud or injure any with 7 or 14 years person or persons, such Land Officer clerk or person so offending shall be guilty of trans ortation.

felony, and being thereof duly convicted shall be liable to be transported beyond Correction to be seas for any term not less than 7 years and not exceeding 14 years.

verified by signature of Land Officer.

ed instrument with

13. And be it enacted that all corrections by erasure interlineation or otherwise in any memorial of the registry of any document required to be register- ed by this Ordinance shall be noted and set forth at length in red ink in the margin

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