278
Modo of Rev
the Land of
ficer,
which (if executed in Hongkong on its gopondencios) shall be registered with in one month, or which if executed in any other placo shall be registered with- in twelve months after the time of oxo- cution thereof respectively and all wills
The Momo.
SUPPLEMENT.
tatrix.
judgment doen will devise convexinte testator or tes, again. Provided that overy such wit or other instrument whereof such mo- motial shall be so mado,
8. And be it further enacted. That rial to be to every such memorial shall as soon after gorod AN soon as possi, the receipt thereof as practicablo bo
depositost in a
it tho devisor dio in Hongkong ble in a proper carrofully registered by the Land Of book and be fieur in regular succossion as received more places in according to its proper number in a the Offeo, particular book to be kopt by him for that purpose and shall afterwards be deposited by him in some secure place in his Offico and there kept for future reference when required and he shall Of also keep an index of the parcels of ficer to keep an index of ground tenements and premises men- places and na- tioned in every such memorial and also mes connected a like index or indexes of the names with the ins of the several parties to conveyances gistered with and other deeds and instruments and
it's dependencies) shall be registe rod within one month or which (if the devisor die in any other place) shall be registered within twelve months after the docense of every devisor respecti- vely and all future judgments which shall be registered within one month after the entry or recording theroof shall severally be in like manner, entit- led to priority and shall take effect res pectively by relation to the date there- of only in the same manner as if this Ordinance had never been made,
S
Land
truments 8O TO.
or tostume 20 enelosed-within-
n cover or
sonled with the
seal of the testator or testiftrix whoso name shall be endorsed by the Lund Officer on arch envelope of cover On the death and overy sich will shall romalil in this of testator or said until the decease of the tes- tosintulx Land. Omour shall tator or testatrix unless he or she shall deliver the previously require the same to be de Will the livored back and upon the death of the reento testator or testatrix the said Land Or any person an. fieer shall (after examining such will) thorized to re deliver the same to the executor first ceive the same named therein or to such other per- son as shall be duly authorized to re-
to
first mamed
oxecutors or to
ceive the same.
correct refer- of devisors, and devisees in wills and ly neglecting fice shall wilfullyter
book.
•
in
to the number and page of registry of the memorial to which any entry in such index or indexes shall relate In caso of 0. And be it further enacted. That mortgages and Judgmente.
in case of mortgages and judgments Land Officer registered in pursuance of this Ordi- shall enter sa nance if at any time afterwards such tisfaction for verified certificate as is heremalter next the same on receiving a re- mentioned shall be brought to the said rified certifi- Land Officer signed by the respective cate as after mortgagors and mortgagees or Plain
5. And be it further enacted. That gistration by a the registration intended by this Ordi-ecos to the of the Plaintiffs and Defendants 'Memorial con-
proper page of taining certain nance shall be made in manner follow-
the Registry Case of judgments with accurate re- partientars to ing that is to say" a Memorial con-
ferences in all such indexes respectively be delivered to taining the particulars hereinafter spe cified shall be delivered into the said 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 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 trus tecs and (in case of judgments) signed by the Plaintiff or Pinntiffs ange such Memorial shall be verified by Dath of some competent person" "that the sante coutains-a just-and truc acen unt of the several particulars therein setforth which Oath shall be taken, bes fore the Chief Magistrate of Police or before any Justice of the Peace of the said Colony.
Memorial pontain,
Particulars And be it further enacted. That which it is no cessary for the every memorial of any judgment shall to contain the following particulars "that is to say the names and additions of the Pinitiffs and Defendants respec- tively the sums 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 conveyanc0 will or other instrument and the par ticular nature and object thereof the names and additions of all the parties to such deed conveyance or instrument and of the devisor devisee or devisces of such will and the names and addi-. tions of all the Witnesses thereto and shall especially particularize and ex- press the parcels of ground tenements and promises affected or intended to be affected by such deed conveyance will or 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 pe- cuniary or other consideration for the same in the form or to the effect of the form numbered 1 in the Schedule he- reunto annexed. Provided always, That when there shall be more writings than one for perfecting the same con veyance 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 par ticularize such parcels tenements and premises only once,
for the
sa
of the day, and
described.
tiffs and Defendants or their Agents respectively and attested by two cre- dible witnesses whereby it shall appear that the whole of the monies due on any such mortgage or judgment have been fully paid or that such mortgage or judgment is otherwise satisfied there the said Land Officer shall make a short entry, or memorandum thereof on the memorial and on the margin of the re gistry of such mortgage or judginent and shall afterwards carefully register the same certificate in one of the re gistry books of his office and the Land Officer shall make an entry thereof in his index o or indexes referring accura- tely to the page of registry of such cer tificate.
Form of the 10. And be it further enacted. That Certificate of satisfaction on every such certificate shall contain the a Judgment or following particulars “that is to say mortgage. (in case of judgments the names and ad, ditions of the Plaintiffs and Defendants the time of entering up or recording. the same the sum or sums thereby re-. covered the date or dates of payment or other satisfaction of the amount bo- na fide due thereon and in case of mortgages the names and additions of the original parties the date of the ins- trument the sum thereby secured and the time or times of payment or other satisfaction thereof and every such cer tificate shall be verified by the Oath of some competent person that the 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 Colony, 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 in- dorse and entered as aforesaid be sa- fely kept in his office for future refer. ence when required.
may deposit in
samo
manner
Penalty on 12. And be it further enacted that Land Officer if the said Land Officer or any other or subordinate Officers wilful. person employed in the said land Of or omit to their duty. number register or e
hereinbefore directed any memorial or certificate delivered into the said Of fice he shall for every such offence forfeit and be liable to pay to Her Ma- jesty her Heirs and Successors for the public purposes of the said Colony the penalty or sum of five hundred dollars and be further liable in damages to the party injured to the extent of the loss or injury sustained. And if the Wilful des said Land Officer or any Clerk or For gery or
person. whatsoever shall wilfully des alteratin of troy embezzle or secrete forge coun- any registered tericit raze deface or alter any mic- with intent to morial or any part thereof or any in- defraud or in, dorsement made thereon or any entry jure punisha or registry thereof in any book in the ble with 7 or said office with intent to defraud or portation. 14 years trans-
injure any person or persons such Land Officer Clerk or person so offend- ing shall be guilty of felony and being thereof duly convicted shall be liable to be transported beyond seas for any term not less than 7 years and not exceeding 14 years.--
tinction.
instrument
signature
of
Correction to 13. And be it enacted that all cor- be verified by rections by erasure interlineation or Land Officer. otherwise in any memorial of the re- gistry of any Document required to be registered by this Ordinance shall be noted and set forth at length in red ink in the margin of the memorial whe- rein they may be made together with the reasons for making the same and shall be attested and verified by the signature of the Land Officer for the time being.
Fecs to be
14. And be it further enacted that
taken by the Land Officer, the several fees or sums of money men- tioned in the List numbered 2 in the said Schedule (and no higher or other fees) shall be demanded and paid by and to the said Land Officer for and in respect of the several matters and things to be by him performed and done under or by virtue pance and the said
this Ordi- Officer is an accurate account of such fees and to pay over the
hereby required to of
same to the Colonial treasurer for the public purposes of the Colony of Hongkong
HENRY POTTINGER.
Governor, &c. Se,
Passed the Legislative Council
the 28th day of February, 1844. RICHARD BURGASS.
Clerk of the Legislative Council.
SCHEDULE REFERRED TO BY THIS ORDINANCE No. 1.
1.
Date of will or Instrument.
2
Nature and object thereof.
8.
Names and additions of the parties or devisors
or devisees,
4.
Any person 11. And be it further enacted that the said Ofen it shall be lawful for any person or any deed will persons whatsoever to deposit in the
custody, Sment for safe conveyance deed power of Attorney
or other imeira said land office for safe custody any 5.
Such Memo- 7. And be it further enacted. That rial to be num d
on delivery of any such memorial as bered by thos Land Officer aforesaid the said Land Officer shall and & receipt number the same according to the or to be given der of time in which it shall have been as and Land so delivered and shall give a receipt Officer shall for the same in which receipt shall be endores, there spécified the certain day and time of on a certificate day when such memorial shall have boar when been so delivered and the proper num. each Memorial ber thereof in the Register of the said was delivered Land Office and he shall also in like anto his Offee auch Cortif manner immediately indorse on the gale be gyi, back of such memorial a certificate dence of the containing the day and time of day time of Regis aration, of these
when the same was so delivered and Memorial. the name and place of abode of the per- son verifying the same and sliail sign the said certificate when so Indorsed and such certificate shall be taken and al- lowed as evidence of the registration and time of registration of every such
0
7.
or instrument in writing whatsoever or his or her last will and Testament of which deeds wills conveyances or other instrument the said land Offi cer shall (first giving a receipt for the same) immediately make an entry or 1.
entries in a book,
be kept for that purpose to which book he shall keep 2. an accurate alphabetical index having reference therein as well to the name of the testator or parties to ea deed or instrument as to the. persons depositi Wills when said Land Officer
ciner
go depouted for sales chatos
dy to be wrap. Other ins
ped up in an til
envelope un
der the seal of positing
the same to deliver t
Names and additions of the witnesses thereto. Description of the land or premises conveyed
in or affected by the deed or will.
Name and description of the place where
situate.
Consideration and to whom and how paid. Any other particulars the case may require.
No. 2.
For registering every assignment 5 Dollars.
... mortgage or other allenation.
For registering every will or Jud.
gement or receiving any verified Dollar. Certificate
For receiving for safe custody any
5 Dollars. deed will or other Instrument A 1. For every search. --
For Certificate of receipt of
cument or
reof and ev
For every unce
1 Donar.
5 Dollars.
will deed memo instrument per foho of
25 Cents,
+
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