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Ord. No. 56/80
Priority of registered instruments: effect of non- registration.
Delivery into Land Office
of memorial of instrument to be registered.
Verification
of memorial.
Particulars to be contained in memorial.
LAND REGISTRATION (AMENDMENT)
by which deeds, conveyances, and other instruments in writing, and wills and judgments, any parcels of ground, tenements, or premises in the Colony may be affected, may be entered and registered in the said office in the manner hereinafter directed.
(2) For the purpose of this Ordinance, "judgments" includes judgments and orders both of the High Court and of the District Court.
3. (1) Subject to this Ordinance, all such deeds, con- veyances, and other instruments in writing, and wills and judgments, made, executed, or obtained, and registered in pursuance hereof. shall have priority one over the other according to the priority of their respective dates of registration.
(2) All such deeds, conveyances, and other instruments in writing, and wills and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes:
Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3 years.
6. The registration intended by this Ordinance shall be made in manner following, that is to say, a memorial containing the particulars hereinafter specified shall be delivered into the Land Office, signed, in the case of a deed, conveyance, or other instrument in writing, except a will, by some or one of the parties to the original instru- ment, or, if such parties are dead or absent from the Colony, then by one or more of the witnesses to such instrument, and in the case of a will by some or one of the devisees or his guardian or trustees, and in the case of a judgment by a party to the action in which such judgment is delivered or by his agent or by a person claiming under or through such party.
7. Every such memorial 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
(b) 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.
8. (1) The memorial of any deed, conveyance, or other instrument in 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 devisee 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,
た
Schedule.
LAND REGISTRATION (AMENDMENT)
Numbering, receipt for, and
endorsement
of certificate on memorial.
Registration and custody of memorial.
Indices of land registered and
of parties to instruments.
Entry of satisfaction of mortgage of judgment and registration of certificate of satisfaction.
Ord. No. 56/80
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or other instrument, or by such will, and the proper and ordinary or accustomed names of the places where the same are situate, 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 names 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 such 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.
as
9. (1) On the delivery of any such memorial aforesaid, the Land Officer 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.
(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.
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(3) Such certificate shall be taken and allowed 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 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 in 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 1S hereinafter next mentioned is brought to the Land Officer. signed by the mortgagor and mortgagee or plaintiff and defendant or their agents as the case may be, and attested by 2 credible witnesses, whereby it appears that the whole
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