hongkong-colonial-ordinances-1847 — Page 11

6 COLONIAL ORDINANCES .

Instruments to have II. And be it further enacted, That all such Judgments and
Priority according to
their Dates of Regis- Conveyances, or Instruments in writing, obtained, made, or executed
tration. respectively after the passing 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 ; and that all
such Judgments, Deeds, Conveyances, or Instruments in writing, as
last aforesaid, and all future Devises which shall not be registered in
pursuance of this Ordinance, shall (as against any subsequent bona
fide Purchaser or Mortgagee of the same Parcels of Ground, Tene-
ments, or Premises, for valuable Consideration) 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.

Notice of Unregis- III. And be it enacted, That no Notice whatsoever, either actual
tered Instruments not
to affect those duly or constructive, of any prior unregistered Deed, Judgment, Will,
Registered. Conveyance, or Instrument in writing, shall affect the Priority of any
such Instruments as aforesaid as shall be duly registered in pursu-
ance of this Ordinance.

Instrument to be
registered within a cer- IV. And be it further enacted, That all Judgments, Deeds, Wills,
tain Time after Execu- Conveyances, or Instruments in writing, hereafter obtained, made, or
tion.
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 Hong-
kong 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
which shall be registered within One Month after the Entry or Record-
ing thereof, shall severally be in like manner entitled to priority, and
shall take effect respectively in relation to the Date thereof only, in
the same manner as if this Ordinance had never been made.

Mode of Registra- V. And be it further enacted , That the Registration intended by
tion.
this Ordinance shall be made in manner following : that is to say,
a Memorial containing the Particulars hereinafter specified shall be
delivered into the said Land-Office, signed (in case of Deeds, Convey-
ances, 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 Trustees ; and (in case of Judgment) 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.

Particulars neces- VI. And be it further enacted, That every Memorial of any
sary for Memorial to
contain. Judgment shall contain the following particulars : that is to say,
the