6
re-registry.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1844.
valuable consideration against the judgments, Crown debts, and liabilities of paid-off mortgagees (and which provisions are hereby extended to this Colony), every lis pendens registered or re-registered, and also every judgment or order re-registered in manner aforesaid, shall have the same force and effect as a judgment registered in conformity with this Ordinance and not further or otherwise.
of 18 & 19 Vict. c. 15 s. 11.
Power to the Court to order vacation of registration of Lis Pendens.
30 & 31 Vict. c. 47 s. 2.
Vacation of Registration of Lis Pendens.
19. The Supreme Court or any Judge thereof, before whom any property sought to be bound is in litigation, may, on the determination of the lis pendens, or during the pendency thereof, where the said Court or Judge is satisfied that the litigation is not prosecuted bonâ fide, or for other good cause shown, make an order, if the said Court or Judge sees fit, for the vacating of the registration in the Land Office of such lis pendens without the consent of the party who registered it, and may, at the discretion of the said Court or Judge, direct the party on whose behalf the registration was made to pay all the costs and expenses occasioned by the registration or the vacating thereof, including the costs of the application to vacate, or may make such other order as to such costs or any of them as to the said Court or Judge may seem just.
20. The application to vacate a lis pendens under the last preceding section may be in a summary way by petition or motion in Court or by summons in Chambers, and may be made by any person interested in the property against which the lis pendens has been registered, whether such person is a party to the lis pendens or not.
Mode of application to the Court, Ib.
Entry of discharge by Land Officer in case of order for vacation. Ib.
Deposit of deeds, etc., in Land Office for safe custody.
21. If an order is made for vacating any such registration, the Land Officer shall, on the filing with him of a memorial and an office copy of such order, enter a discharge of such lis pendens on the Land Office register, and may issue certificates of such entry.
Miscellaneous Provisions.
22. It shall be lawful for any person or persons whomsoever to deposit in the Land Office for safe custody any deed, conveyance, power of attorney, or other instrument in writing whatsoever, or his or her last will and testament, of which deeds, conveyances, powers of attorney, or other instruments, wills, and testaments the 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 as well to the name of the testator or parties to each such deed or instrument as to the person or persons depositing the same; and the Land Officer shall carefully and securely keep all such deeds, conveyances, powers of attorneys, or other instruments...
...
23. The Land Office wherein such deeds are deposited shall be responsible for any damage sustained...
24. If any person wilfully destroys, alters, or conceals any document with intent to... any clerk, or convicted thereof shall be liable to a term not...
25. A memorial of this Ordinance shall be endorsed in the margin of every document deposited in the Land Office...
26. The Schedule hereto shall be commanded by virtue of several minutes kept by the Colonial Judge...
6
re-registry.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1844.
valuable consideration against the judgments, Crown debts, and liabili- and extension ties of paid-off mortgagees (and which provisions are hereby extended to this Colony), every lis pendens registered or re-registered, and also every judgment or order re-registered in manner aforesaid, shall have the same force and effect as a judgment registered in conformity with this Ordinance and not further or otherwise.
of 18 & 19 Viet. e. 15 s. 11.
Power to the Court to order vaention of
registration of Fix prudens.
30 & 31 Vict. c. 47 s. 2.
Vacation of Registration of Lis Pendens.
in
19. The Supreme Court or any Judge thereof, before whom any property sought to be bound is in litigation, may, on the determination of the lis pendens, or during the pendency thereof, where the said Court or Judge is satisfied that the litigation is not prosecuted honâ fide, or for other good cause shown, make an order, if the said Court or Judge sees fit, for the vacating of the registration in the Land Office of such lis pendens without the consent of the party who registered it, and may, the discretion of the said Court or Judge, direct the party on whose behalf the registration was made to pay all the costs and expenses occasioned by the registration or the vacating thereof, including the costs of the application to vacate, or may make such other order as to such costs or any of them as to the said Court or Judge may seem just.
20. The application to vacate a lis pendens under the last preceding making appli- section may be in a summary way by petition or motion in Court or by summons in Chambers, and may be made by any person interested in the property against which the lis pendens has been registered, whether such person is a party to the lis pendens or not.
Mode of
ration to the
Court, Ib.
Entry of dise charge by
Land Officer
in ense of order for
vacation. Th.
Deposit of
deeds, etc., in Land Office for safe cus- tody.
21. If an order is made for vacating any such registration, the Land Officer shall, on the filing with him of a memorial and an office copy ol such order, enter a discharge of such lis pendens on the Land Office register, and may issue certificates of such entry.
Miscellaneous Provisions.
22. It shall be lawful for any person or persons whomsoever to depo- sit in the Land Office for safe custody any deed, conveyance, power of attorney, or other instrument in writing whatsoever, or his or her last will and testament, of which deeds, conveyances, powers of attorney, or other instruments, wills, and testaments the 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 as well to the name of the testator or parties to each such deed or instrument as to the person or persons depositing the same; and the Land Officer shall carefully and securely keep all such deeds, conveyances, powers of attorneys, or
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