LAND REGISTRATION ORDINANCE, 1844

LAND REGISTRATION ORDINANCE, 1844

1844


No. 1 of 1844.

An Ordinance to provide for the registration. of deeds,
conveyances, wills, and judgments affecting real or
immovable property.
[28th Feb., 1844.]

WHEREAS it is expedient to prevent secret and frandulent con-
veyances, and to provide means whereby the title to real. -and
immovable property may be easily traced and ascertained:-

1. This Ordinance may be. cited as the Land Registration
Ordinance, 1844.

Registration of instruments affecting land.

2. The Land Office shall be, a public office for the regis-
tration of deeds, conveyances, and other instrucments in
writing, and wills and judginents, and all deeds, conveyances,
and other instruments in writing, and wills, and all judgments,
by which deeds, conveyances, and other instruments in writ-
ing, and wills and judgments, any, parcels of ground, tene-
ments, or premises in this Colony, may be affected, may be
entered and registered in the said office. in the manner
hereinafter direted.

3.-(1) All such deeds, conveyances, and
in writing, and wills and judgments, made, expented, or
obtained and registered in pursuance hereof, shall heereof, shall have
priority one over the other according to the priority of their
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

As amended by Lam Rev. Ord., 1923.





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 instru-
ment in writing, or will or judgment, shall affect the priority
of any such instrument as aforesaid as is duly registered.

5. All deeds, conveyances, and other instruments in
writing, and wills and judgments, 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 execiited in this Colony, are registered
within one month, or which, if executed in any other place,
are registered within twelve inonths, after the time of execu-
tion.thereof respectively, and all wills which, if the devisor
dies in this Colony 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 judgments which are registered within
one nionth 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 beell
passed.

Mode of registration.

6. The registration intended by this Ordinalice shall be
made in nanner following, that, is to say, a memorial contain-
ing the particulars hereinafter specified shall be delivered into
the Land Office, signed, in the case of a deed, conveyance, or
other instrtiment in writing, except a will, by some or one
of the parties to the original instrument, if parties
are dead or absent from the Colony, then by one or
of the witnesses to such instrument, and 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.

* As amended by No, 24 of 1915.





7. 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 any justice of the
peace.

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 partictilar nature and object thereof, the names and
additions of all the parties to such deed, conveyance, or other
instrument, and of the devisor, devisee or devisees of such
will, and the names and additions of all the witnesses thereto
and shall especially particularise and express the parcels of
ground, tenements and premises affected or intended to be,
affected by such deed, conveyance, or other instrument, or
by such will, and the proper and ordinary or accustomed
names of the places where the same are situated, 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
First Schedule.

(2) The memorial of any Judgment shall contain the names
and additions of the plaintiffs and defendants respectively,
the sum thereby recovered or secured, if any, the time of
entering up or recording the same, and the sum of money
bond 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 grotind, tenements, and
premises, all such writings shall be stated in one and the
same memorial, in which it shall be sufficient to particular-
ise such parcels, tenements and premises only once.

9.-(1) On the delivery of any such memorial as afore-
said, 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.

As amended by No. 24 of 1915.





(2) The Land Officeer shall also in like manner immediate-
ly indorse oil the back of memorial a certificate, contain-
ipg the day and the time of day when the memorial was
so delivered, and the name and place of abode of the
person verifyilig it, and shall sign the certificate when so
indorsed.


(3) Such certificate shall be taken and allowed as evidence
of the registraton, 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, is soon after the receipt
thereof as practicable, be carefidly registered by the Land
Officer, in regular succession as received, according to its
proper number, in a particular book lo be kept by him for
that purpose, and shall afterwards bp deposited by him
some secure place in his office, and there, kept for future
reference when require.

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 relgistered,
if at any time afterwards such verified certified as is
hereinafter next mentioned is brouight to the Land Officer,
signed by the respective mortgagors and mortgagees or
plaintiffs and defendants or their agents respectively,
and attested by two credibile witnesses, whereby it
appears that the whole of the moneys due on such
mortgage or judginent have been fully paid, or that,
such mortgage or judgment is otherwise satisfied, then
the Land Officer shall make a short entry or memorandum
thereof on the memorial and on the margin of the registry of
such mortgage or judgment, and shall afterwards careftilly
register the certificate in one of the registry books of his





office, and the Land Officer shall make an entry thereof in
his indices referring accurately to the page of registry of the
certificate.

13.-(1) Every such certificate shall contain the following
particulars, that is to say, in the case of a mortgage the names
and additions of the original parties, the date of the instrument,
the sum thereby secured, and the time of payment or other
satisfaction thereof; and in the case of a judgment the names
and. additions of the plaintiffs and defendants, the time of
entering up or recording the same, the sum thereby recovered,
if any, and the date of payment or other satisfaction of the
amount bona^ fide dne thereon, it any.

(2) Every such certificate 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 made and taken before any justice of the
peace.
(3) On the back of such 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
vertifying the same, awl the certificate shall, after being so
indorsed and entered as aforesaid, be safely kept in his office
for furture reference when required.

Registration of lis pendens.

14. The provisions of this Ordinance relating
(subject to the provisions hereinafter contained) shall extend
to lites pendentes within the intent and meaning of the Acts
of arliament 2 & 3 Victoria, chapter 11, and 13 & 14 Victoria,
chapter 35.

15. The memorial of any such lis pendens shall be sufficient
if it is signed by the plaintiffs or persons claiming to be
plaintiffs to the said lis pendens, and contains- the names and
additions of the said persons and of the defendants or person-.-,
'Whose estate is intended to be affected thereby, and the day
when the bill, information, or special ease was filed, and the
sum of money thereby claimed or in controversy, yet so as

*As amended by No. 24 of 1915.
13 and 14 Vict. c. 35 rep. 46 and 47 Vict. c. 19 s. 3.





that the said memorial shall be verified in all other respects
as is provided in the case of judgments.

16. Notwithstanding the said Acts of Parliament, no lis
pendens shall be registered in the Registry of the Supreme
Court, or elsewhere than in the Land Office; and a lis
pendens not registered in the said office shall not bind any
purchaser or mortgagee of the mortgagee intended to be thereby
affected.

17. So much of the said Acts of Parliament and of the
Acts of Parliament 3 & 4 Victoria, chapter 82, and 18 & 19
Victoria, chapter 15, as requires the re-registering of judgments
and lites pendentes after every successive perjod of five years,
beginning from the entry thereof respectively, shall extend
to all judgments, lites pendentes and orders, registered in the
Land Office, and by which it is intended to affect any estate.

18. Subject to the provisions of section 11 of the Act 18
& 19 Victoria, chapter 15, for the relief of purchasers and
mortgagees for valuable consideration against the judgments,
Crown debts, and liabilities of paid-off mortgagees (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 aforesald, shall have the
same force and effectas a jjfgment registered and not further
or otherwise.

Vacation of registration of lis pendens.

19. The court of judge before whom any property sought
to be bound is in litigation, may on the deternimatIon of the
lis pendens, or during the pendency thereof, where the said
court or judge is satisfied that the litigation is not Prosecuted
bona^ fide, or for other good shown, make an order for
the vacating of the registration in the Land Office of such 11,8
pendens without the consent of the party who registered it,
and may 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 section
19 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.

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 register, and may issue certificates of such
elitry.

22. If shall be lawful for any person to deposit in the
Land Office for safe custody any deed, conveyance, power of
attorney, or other instrument in writing whatsoever, or his
last will and testament, of which deeds, conveyances, powers of
attorney, or othel, instruments, wills, and testaments the Land
Officer shall (first giving a receipt for the same) immediately
make an entry 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 depositing
the same; and the Land Officer shall carefully and securely
keep all such deeds, conveyances, powers of attorney, or other
instruments, wills, and testaments in his office until required
by the party depositing the same to deliver them back again:
Provided that every such will or testament shall be enclosed
within a cover or envelope, sealed with the seal of the
testator, whose name shall be indorsed by the Land Officer
thereon, and every will or testament shall remain in the
said office until the decease of the testator, unless he
previously requires the same to be delivered back, and on
the death of the testator the Land Officer shall (after examin-
ing such will or testament) deliver the same to the executor
first named therein, or to such other person as may be duly
authorised to receive the same.

3. If the Land Officer or any other person, employed in
the Land Office wilfully neglects or omits to number, register,
or, enter in manner hereinbefore directed any memorial or

*As amended by Law Rev. Ord., 1923.





certificate delivered into the said office, he shall be liable in
damages to the party injured to the extent of the loss or
injury sustained.

24. If, the Land Officer or any clerk or person whosoever
wilfully destroys, embezzles, or secretes, forges, counterfeits,
razes, defaces, or alters any memorial or any part thereof, or
any indorsement thereon, or any entry or registry thereof in
any book in the said office, with intent to defraud or injure
any person, such Land Officer, clerk, or person so offending
shall be guilty of felony, and shall be liable to imprisonnient
for any term not exceeding foiirteeii years.

25. Any correction by erasure, interlineation, or otherwise
in any memorial of the registry of any document shall be
noted and set forth at length in red ink in the margin of the
memorial wherein it is made, together the reasons for
making the same, and shall be attested and verified by the
signature of the Land Officer.

26.-(1) The fees mentioned in the Second Schedule shall
be paid for and in respect of the several matters and things
therein stated.

Such fees shall be paid by means of stamps which shall be
duly cancelled by the Land Officer.

(2) The true consideration must be stated in all documents
registered in, the Land Office and where no money considera-
tion or merely nominal consideration passes and the value of
the property affected by the deed is under five thousand
dollars, such value shall be fixed by the Land OfEcer, and.
the fees payable shall be upon the valne so fixed.

FIRST SCHEDULE.

PARTICULARS OF MEMORIAL OF REGISTRATION. [S.8.]

1. Date of instrument or will.

2. Nature and object thereof.

As amended by Law Am. Ord., 1923. See Hoddgson's Regulatons of Hongkong,
1914, pp. 309, 310.





3. Names and additions of the parties or of the devisors
or devisses.

4. Names and additions of the witnesses thereto.

5. Description of the land or premises conveyed in or
affected by the instrument or will.

6. Name and description of the place where situate.

7. Consideration and to whom and how paid.

8. Any other particulars which the case may require.

SECOND SCHEDULE.

TABLE OF FEES PAYABLE TO THE LAND OFFICER [S.26.]

1. For registering every deed, assignment, mortgage or
other instrument in writing (except as, hereinafter provided)
where such deed, assignment, mortgage or other instrument,
relates only to one lot or one section or portion of a lot as
registered or intened to be registered in the Land Office,

Where the amount or value of the consideration money

Does:not exceed $500 .................. $ 1

Exceeds $500 but does not exceed $1,000 ...... $ 3

Exceeds $1,000 but does not exceed $5,000 $3 for
every
$1,000
or part
thereof.
Exceeds $5,000 ........... $15


2. For registering every other deed, assignment, mortgage
or other instrument in writing, except as hereinafter
provided,

Where the amount or value of the consideration money
Does not exceed $500 .............. $1
Exceeds $500 but does not exceed $1,000 ...... $3

*As amended by Law Am. Ord., 1923. See Hodgson's Regulations of Hongkong,
1914, pp. 309, 310.


















Exceeds $1,000 but does not exceed $5,000 $3
for every
$1,000 or part
thereof

Exceeds $5,000 ............................ $30

3. For registering every will, probate, letters of
administration; judgment, decree, prohibitory order,
or offier order of court, or receiving any verified
certificate ......................... $ 3

4. For registering a lis pendens ........ $ 3

5. For entering a discharge of a lis pendens ............. $ 6

6. For a certificate of such entry or discharge .......... $ 3
7. For receiving for safe custody any deed, will, or
other instrument . ............................. $15

8. For every search .................... $1

9. For certificate or receipt of any document, or
certifying a copy therof, and for every other certicicate $15
0
10. For every uncertified copy of any will, deed,
memorial, or other instrument, per folio of 72 words 75 cts.

11. For registering memorial of a writ of foreign attachement ..... $ 3

12. For filing a certificate that a writ of foreign
attachment is dissolved, or that the judgment in the
action is satisfied .. .......... $ 3

13. For the signature of the Governdor any Crown
lease or other document issued from the Land Office,
including affixing the public seal, to such lease or
other document, where such seal is necessary ... $10

14. For plans attached to a Crown lease and counter-
part, or other document ................... $20
[Originally No. 3 of 1844. No. 24 of 1915. Law Rev. Ord., 1924.] Establishment of Land Office for registration of instruments affecting land. Priority of regeistered instruments; effect of non-registration. Notice of unregistered unstrument not to affect registered instrument. Period within which instruments to be registered after execution. Delivery into Land Office of memorial of instrument to be registered. Verification of memorial. Particulars to be contained in memorial. First Schedule. Numbering, receipt for, and indorsement of certificate on memorial. Registration and custody of memorial. Indices of lands registered and of parties to instruments. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment. Registration of lis pendens as judgment. Particulars to be contained in memorial. Case of lis pendens not registered. Extension of Acts of Parliament. Effect of registry and re-registry and extension of 18 & 19 Vict.c. 15, s.11. Power to the court to order vacation of lis pendens. 30 & 31 Vict.c. 47, s. 2. Mode of making application to the Court. 30 & 31 Vict.c. 47 s. 2. Entry of discharge by Lands Officer. 30 & 31 Vict.c. 47, s. 2. Deposit of deeds, etc., in Land Office for safe custody. Penalty on officers for wilful neglect. Penalty for destroying memorial etc., with intent to defraud. Verification of correction in memorial of registry. Fees. Second Schedule.

[Originally No. 3 of 1844. No. 24 of 1915. Law Rev. Ord., 1924.] Establishment of Land Office for registration of instruments affecting land. Priority of regeistered instruments; effect of non-registration. Notice of unregistered unstrument not to affect registered instrument. Period within which instruments to be registered after execution. Delivery into Land Office of memorial of instrument to be registered. Verification of memorial. Particulars to be contained in memorial. First Schedule. Numbering, receipt for, and indorsement of certificate on memorial. Registration and custody of memorial. Indices of lands registered and of parties to instruments. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment. Registration of lis pendens as judgment. Particulars to be contained in memorial. Case of lis pendens not registered. Extension of Acts of Parliament. Effect of registry and re-registry and extension of 18 & 19 Vict.c. 15, s.11. Power to the court to order vacation of lis pendens. 30 & 31 Vict.c. 47, s. 2. Mode of making application to the Court. 30 & 31 Vict.c. 47 s. 2. Entry of discharge by Lands Officer. 30 & 31 Vict.c. 47, s. 2. Deposit of deeds, etc., in Land Office for safe custody. Penalty on officers for wilful neglect. Penalty for destroying memorial etc., with intent to defraud. Verification of correction in memorial of registry. Fees. Second Schedule.

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