LAND REGISTRATION ORDINANCE, 1844

LAND REGISTRATION ORDINANCE, 1844

THE ORDINANCES OF HONGKONG.

ORDINANCE No. 1 OF 1844.

Land Registration.

AN ORDINANCE to provide for the Registration of Deeds, Con-
veyances, Wills, and Judgments affecting Real or Immovable
Property in this Colony.

[28th February, 1844.]

WHEREAS it is expedient to prevent secret and fraudulent conveyances
in this Colony and to provide means whereby the title to
real and immovable property may be easily traced and ascertained:

BE it therefore enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows:

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

Registration of Instruments affecting Land.

2. From and after the commencement of this Ordinance, the Land
Office in this Colony shall be a public office for the registration of
deeds, conveyances, and other instrument in writing, and wills and
judgments; and all deeds, conveyances, and other instruments in writing,
and wills now or hereafter to be made or executed, and all judgments
hereafter to be obtained, by which deeds, conveyances, and other in-
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 judgment, 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 afect 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 it 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 will 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 hand not been passed.

Mode of Registration.

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 some or one of the parties to the original instrument, or, if
such parties are dead or absent from the Colony, then by one or more
of the witnesses to such instrument, and in the case of a will by soem
or one of the devisees or his or her guardian or trustees, and in the case
of a judgment by the plaintiff or plaintiffs.

7. Every such memorial shall be vertified 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 of the Colony.

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 particular 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 particularize 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 to this Ordinance.

(2.) The memorial of any judgment shall contain the names and additions
of the plaintiffs and defendants respectively, the sum thereby
recovered or secured, the time of entering up or recording the same,
and the sum of money bona fide due thereon.

(3.) Provided always that when there are more writings than one for
perfecting the same conveyance, device, 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
particularize such parcels, tenements, and premises only once.

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

(2.) The Land Officer shall also in like manner immediately indorse
on the back of the memorial a certificate, containing the day and the
time of day when the memorial was so delivered, and the name and place
of abode of the person verifying it, and shall sign the certificate when
so indorsed.
(3.) Such certificate shall be taken and allowed as evidence of the
registration, 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, as soon after the receipt thereof as
practicable, be carefully registered by the Lane Officer, in regular succession
as received, according to its proper number, in a particular book
to be kept by him for that purpose, ans shall afterwards be deposited by
him in some secure place in his office, and there kept for future reference
when required.

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 indexes of the names of the sever 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 indexes respectively
to the number and page of registry of the memorial to which any
entry in such index or indexes relates.

12. In the case of any mortgage or judgment registered in pursuance
of this Ordinance, if at any time afterwards such verified certificate as
is hereinafter next mentioned is brought to the Land Officer, signed by
the respective mortgagors and mortgagees or plaintiffs and defendants or
their agents respectively, and attested by two credible witnesses, whereby
it appears that the whole of the moneys due on such mortgage or
judgment 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 carefully register
the certificate in one of the registry books of his office, and the Land
Officer shall make an entry thereof in his index or indexes, 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 or times 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 or sums
thereby recovered, and the date or dates of payment or other satisfaction
of the amount bona fide due thereon.

(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 of the Colony.

(3.) On the back of such vertified 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
certificate shall, after being so indorsed and entered as aforesaid, be
safely kept in his office for future reference when required.

Registration of Lis Pendens.

14. The provisions of this Ordinance relating to judgments (subject
to the provisions hereinafter contained) shall extend to lites pendentes
within the intent and meaning of the Acts of Parliament 2 & 3 Victoria
Chapter 11, entitled 'An Act for the better Protection of Purchasers
against Judgments, Crown Debts, Lis Pendens, and Fiats in Bankruptcy,'
and 13 & 14 Victoria Chapter 35, entitled 'An Act to diminish the Delay
and Expense of Proceedings in the High Court of Chancery in England.'

15. The memorial of any such lis pendens shall be sufficient for the
purposes of this Ordinance if it is signed by the plaintiffs or persons
claiming to be plaintiffs in the said lis pendens, and contains the names
and additions of the said persons and of the defendants or persons whose
estate is intended to be affected thereby, and the day when the bill,
information, or special case was filed, and the sum of money thereby
claimed or in controversy, yet so as that the said memorial shall be
vertified in all other respects as is provided by this Ordinance 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, under this Ordinance; and a lis pendens not
registered in the said office, and in due comformity with this Ordinance,
shall not bind any purchaser or mortgagee of the estate 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, entitled 'An Act for further amending
the Act for abolishing Arrests on Mesne Process in Civil Actions' and
18 & 19 Victoria Chapter 15, entitled 'An Act for the better Protection
of Purchasers against Judgments, Crown Debts, Cases of Lis pendens,
and Life Annuities or Rent-charges,' as requires the re-registering of
judgments and lites pendentes after every successive period of five years,
beginning from the entry thereof respectively, shall extend to all
judgments, lites pendentes, and orders, now or hereafter to be 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 said 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 (and which provisions are hereby extended
to this Colony), every lis pendens registered or re-gistered, 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.

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 bona 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, in
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.

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, will, 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, wills, and testaments in his office until required by
the party or parties 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 or testatrix, whose
name shall be indorsed by the Land Officer on such cover or envelope,
and every such will or testament shall remain in the said office until the
decease of the testator or testatrix, unless he or she previously requires
the same to be delivered back, and on the death of the testator or testatrix
the Land Officer shall (after examining such will or testament)
deliver the same to the executor first named therein, or to such other
person as may be duly authorized to receive the same.

23. 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 certificate delivered into the said
office, he shall for every such offence forfeit and be liable to pay to Her
Majesty, her heirs and successors, for the public purposes of the
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.

24. If the Land Officer or any clerk or person whosoevery 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 or person, such Land Office,
clerk, or person so offending shall be guilty of felony, and, being con-
victed thereof, shall be liable to imprisonment with hard labour for any
term not exceeding fourteen years.

25. Any correction by erasure, interlineation, or otherwise in any
memorial of the registry 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 wherein it is made, together with the reasons for
making the same, and shall be attested and vertified by the signature of
the Land Officer.

26. The several fees or sums of money mentioned in the Second
Schedule to this Ordinance (and no higher or other fees) shall be demanded
by and paid to the Land Officer for and in respect of the
several matters and things to be by him performed and done under or
by virtue of this Ordinance; and the Land Officer is hereby required to
keep an accurate account of such fees and to pay over the same to the
Colonial Treasurer for the public purposes of the Colony. SCHEDULES.

THE FIRST SCHEDLE.

PARTICULARS OF MEMORIAL OF REGISTRATION.

1. Date of instrument or will.
2. Nature and object thereof.
3. Names and additions of the parties or of the devisors or devisees.
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 situation.
7. Consideration and to whom and how paid.
8. Any other particulars which the case may require.

THE SECOND SCHEDULE.

TABLE OF FEE PAYABLE TO THE LAND OFFICER.
$ c.
1. For registering any assignment, mortgage, or other alienation 5.00
2. For registering any will or judgment or receiving any verified
certificate 1.00
3. For receiving for safe custody any deed, will, or other instrument 5.00
4. For every search 1.00
5. For every certificate of receipt of any document or certifying a
copy thereof, and every other certificate, except as hereinafter
mentioned 5.00
6. For every uncertifed copy of any deed, will, memorial, or other
instrument, per folio of 80 words 0.25
7. For every entry of discharge of a lis pendens 2.00
8. For every certificate of such entry 1.00
A.D. 1844. Ordinance No. 3 of 1844, with Ordinances No. 10 of 1856 and No. 2 of 1896 incorporated. Short title. Establishment of Land Office as office for registration of instruments affecting land in the Colony. Rule as to priority of registered instruments, and effect of non-registration. Notice of unregistered instrument 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, giving of receipt for, and indorsement of certificate on memorial by Land Officer. Registration and custody of memorial. Keeping of index of lands registered and of index 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. See Ordinance No. 1 of 1865 s. 159. Particulars to be contained in memorial. Case of lis pendens not registered. Extension of operation of certain 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 registration of lis pendens. 30 & 31 Vict, c. 47 s. 2. Mode of making 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. Penalty on Land Officer or subordinate officer for wilful neglect of duty. Punishment of land Officer, etc., for wilfully destroying memorial, etc., with intent to defraud. Verification of correction in memorial of registry. Fees to be taken by Land Officer. Second Schedule. Section 8. Section 26.

A.D. 1844. Ordinance No. 3 of 1844, with Ordinances No. 10 of 1856 and No. 2 of 1896 incorporated. Short title. Establishment of Land Office as office for registration of instruments affecting land in the Colony. Rule as to priority of registered instruments, and effect of non-registration. Notice of unregistered instrument 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, giving of receipt for, and indorsement of certificate on memorial by Land Officer. Registration and custody of memorial. Keeping of index of lands registered and of index 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. See Ordinance No. 1 of 1865 s. 159. Particulars to be contained in memorial. Case of lis pendens not registered. Extension of operation of certain 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 registration of lis pendens. 30 & 31 Vict, c. 47 s. 2. Mode of making 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. Penalty on Land Officer or subordinate officer for wilful neglect of duty. Punishment of land Officer, etc., for wilfully destroying memorial, etc., with intent to defraud. Verification of correction in memorial of registry. Fees to be taken by Land Officer. Second Schedule. Section 8. Section 26.

https://oelawhk.lib.hku.hk/items/show/546

1901

v1

128

No. 1 of 1844

8