1901_LAND_REGISTRATION_ORDINANCE__1844 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

2

Rule as to priority of registered instruments,

No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1844.

struments in writing, and wills and judgments, any parcels of ground, tenements, or premises in this Colony or its dependencies now are or shall or may hereafter be affected, may be entered and registered in the said office in the manner hereinafter directed.

3. (1.) All such deeds, conveyances, and other instruments in writing, and wills and judgments, made, executed, or obtained respectively after the commencement of this Ordinance, 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 in pursuance of this Ordinance 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 three years.

4. No notice whatsoever, either actual or constructive, of any prior unregistered deed, conveyance, or other instrument in writing, or will or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered in pursuance of this Ordinance.

5. All deeds, conveyances, and other instruments in writing, and wills and judgments, hereafter made, executed, or obtained, which are 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 this Colony or its dependencies, are registered within one month, or which, if executed in any other place, are registered within twelve months, after the time of execution thereof respectively, and all wills which, if the devisor dies in this Colony or its dependencies, are registered within one month, or which, if the devisor dies in any other place, are registered within twelve months, after the decease of every devisor respectively, and all future judgments which are registered within one month after the entering up 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 not been passed.

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 such party or parties thereto as may be necessary for giving effect to the same.

7. ...

8.-(1) ...

9.-(1) The Officer shall give a receipt for the memorial, specifying the date and time of delivery, and shall file the memorial in the order of its receipt.

(2) The memorial shall be indorsed with the date and time of delivery, and the name and abode of the person delivering it.

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2 Rule as to priority of registered instruments, No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1844. struments in writing, and wills and judgments, any parcels of ground, tenements, or premises in this Colony or its dependencies now are or shall or may hereafter be affected, may be entered and registered in the said office in the manner hereinafter directed. 3. (1.) All such deeds, conveyances, and other instruments in writing, and wills and judgments, made, executed, or obtained respectively after the commencement of this Ordinance, 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 in pursuance of this Ordinance 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 three years. 4. No notice whatsoever, either actual or constructive, of any prior unregistered deed, conveyance, or other instrument in writing, or will or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered in pursuance of this Ordinance. 5. All deeds, conveyances, and other instruments in writing, and wills and judgments, hereafter made, executed, or obtained, which are 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 this Colony or its dependencies, are registered within one month, or which, if executed in any other place, are registered within twelve months, after the time of execution thereof respectively, and all wills which, if the devisor dies in this Colony or its dependencies, are registered within one month, or which, if the devisor dies in any other place, are registered within twelve months, after the decease of every devisor respectively, and all future judgments which are registered within one month after the entering up 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 not been passed. 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 such party or parties thereto as may be necessary for giving effect to the same. 7. ... 8.-(1) ... 9.-(1) The Officer shall give a receipt for the memorial, specifying the date and time of delivery, and shall file the memorial in the order of its receipt. (2) The memorial shall be indorsed with the date and time of delivery, and the name and abode of the person delivering it.
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2 Rule as to priority of re- gistered in- struments, No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1844. struments in writing, and wills and judgments, any parcels of ground, tenements, or premises in this Colony or its dependencies now are or shall or may hereafter be affected, may be entered and registered in the said office in the manner hereinafter directed. 3. (1.) All such deeds, conveyances, and other instruments in writing, and wills and judgments, made, executed, or obtained respect- ively after the commencement of this Ordinance, and registered in non-registra. pursuance hereof, shall have priority one over the other according to the priority of their respective dates of registration. and effect of tion. Notice of un- (2.) All such deeds, conveyances, and other instruments in writing, and wills and judgments, as last aforesaid which are not registered in pursuance of this Ordinance shall (as against any subsequent homi jide 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 bond fide leases at rack rent for any term not exceeding three years. 4. No notice whatsoever, either actual or constructive, of any prior registered in unregistered deed, conveyance, or other instrument in writing, or will or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered in pursuance of this Ordinance, strument not to affect res gistered in- strument. Period within which instru- ments to be registered after execu- tion. Delivery into Land Office of memorial of 5. All deeds, conveyances, and other instruments in writing, and wills and judgments, hereafter made, executed, or obtained, which are 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 this Colony or its dependencies, are registered within one month, or which, if executed in any other place, are registered within twelve months, after the time of execution thereof respectively, and all wills which, if the devisor dies in this Colony or its dependencies, are registered within one month, or which, if the devisor dies in any other place, are registered within twelve months, after the decease of every devisor respectively, and all future judgments which are registered within one month after the entering up 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 not been passed, Mode of Registration. 6. The registration intended by this Ordinance shall be made in man- ner following, that is to say, a memorial containing the particulars instrument to hereinafter specified shall be delivered into the Land Office, signed, in be registered. the case of a deed, conveyance, or other instrument in writing, except A.D. 1 a will, such pa of the y or one c of a jud 7. E- tent per particul tice of t 8.-( in writi ance, or -object t conveya such wil shall est ments, a conveya ordinary and (exi for the Schedule (2.) T tions of recovere ¦ and the (3.) I perfectin parcels stated in particula 9.-(1 Officer s which it receipt memoria ter of the (2.) T on the b time of d of abode so indors
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2

Rule as to priority of re- gistered in-

struments,

No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1844.

struments in writing, and wills and judgments, any parcels of ground, tenements, or premises in this Colony or its dependencies now are or shall or may hereafter be affected, may be entered and registered in the said office in the manner hereinafter directed.

3. (1.) All such deeds, conveyances, and other instruments in writing, and wills and judgments, made, executed, or obtained respect- ively after the commencement of this Ordinance, and registered in non-registra. pursuance hereof, shall have priority one over the other according to the

priority of their respective dates of registration.

and effect of

tion.

Notice of un-

(2.) All such deeds, conveyances, and other instruments in writing, and wills and judgments, as last aforesaid which are not registered in pursuance of this Ordinance shall (as against any subsequent homi jide 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 bond fide leases at rack rent for any term not exceeding three

years.

4. No notice whatsoever, either actual or constructive, of any prior registered in unregistered deed, conveyance, or other instrument in writing, or will or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered in pursuance of this Ordinance,

strument not to affect res gistered in- strument.

Period within which instru-

ments to be registered after execu- tion.

Delivery into Land Office of memorial of

5. All deeds, conveyances, and other instruments in writing, and wills and judgments, hereafter made, executed, or obtained, which are 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 this Colony or its dependencies, are registered within one month, or which, if executed in any other place, are registered within twelve months, after the time of execution thereof respectively, and all wills which, if the devisor dies in this Colony or its dependencies, are registered within one month, or which, if the devisor dies in any other place, are registered within twelve months, after the decease of every devisor respectively, and all future judgments which are registered within one month after the entering up 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 not been passed,

Mode of Registration.

6. The registration intended by this Ordinance shall be made in man- ner following, that is to say, a memorial containing the particulars instrument to hereinafter specified shall be delivered into the Land Office, signed, in be registered.

the case of a deed, conveyance, or other instrument in writing, except

A.D. 1

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and the

(3.) I perfectin parcels ‹ stated in particula

9.-(1 Officer s which it receipt

memoria

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(2.) T on the b time of d

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so indors

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