REGISTRARION OF DEEDS WILLS & c. ORDINANCE
Title
REGISTRARION OF DEEDS WILLS & c. ORDINANCE
Description
Registration of deeds wills & c.
No. 3 of 1844.
An.Ordinance to provide for the registration of deeds wills judgmemts
and conveyances affecting real or immovable property
in Hongkong.
[28th February, 1844.]
Where it is expedient to prevent secret and fraudulent conveyances
in the Colony of Hongkong, and to provide means whereby
the title to real and immovable property may be easily traced and
ascertained. Be it therefore enacted by His Excellency the Governor of
Hongkong and its dependencies, with the advice of the Legislative Council
thereof, that from and after the passing of this Ordinance, the Land Office
in the said Colony shall be a public office for the registration of deeds
conveyances and other instruments wills and judgments in manner
hereinafter mentioned: and that all conveyances and other deeds, wills and
devises and other instruments in writing, now or hereafter to be made or
executed, and all judgments hereafter to be obtained, by which conveyances
deeds and other instruments in writing wills and judgments, any parcels
of ground, tenements or premises in Hongkong aforesaid 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.
2. And be it futher enacted that all such judgments and conveyances
or instruments in writing obtained made or executed respectively after
the passing of this Ordinacne, and registered in pursuance hereof, shall
have priority one over the other according to the priority of their respective
Notice oA
-
n_ egiatered
i ~trument
not to affect
instruments
duly regis-
tered.
Such instru.
went to be
regiatnerede
withi a
certain time
after execu-
tion.
Mode of re~ie.
tration by a
memor*l .
corlta~ing _
certain-'parti-
culars ;to be ,
delivered to - .
the Land..
Offlcer.
ORDINANCE No. 8 0F 1844.
Registration of deeds wills 4e.
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
tenements 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.
~. And be it enacted that no notice whatsoever, either actual or
constructive, of any prior unregistered deed judgment will conveyance or
instrument in writing, shall affect the priority of any such instrument as
aforesaid as shall be duly registered in pursuance of this Ordinance.
4. And be it further enacted that all judgments deeds wills conveyances
or instruments in writing hereafter obtained made or 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 (%f executed in Hongkong 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 o£ 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 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 never been made.
S. And be it further enacted that the registration intended by this
Ordinance shall be made in manner following: that is to say; a memorial.
containing tire particulars hereinafter specified shall be.delivered into
the
said Land Office, signed (in case of deeds conveyances or other
instruments
in writing except w ills). 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 rind devises) signed by some or one of the devisees or his or her
guardian or trustees, and (in case of judgments) signed by the plaintiff
or plaintiffs: and every such memorial shall be verified by the oath of
ORDINANCE No. 8 op 1844.
Pegistrdtion of deeds wills atc.
i3ome 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 Pglice, or before any Justice of the Peace of
the
said Colony.
6. And be it further enacted that every memorial of any judgment
shall contain the following particulars; that is to say, the names and
additions of the plaintiffs and defendants respectively, the sum' thereby
recovered or secured, the time of entry or recording the same, and the sum
of money bond fide due thereon; and every memorial of any deed or
conveyance will or other instrument shall contain and set forth the dale
of
such deed conveyance will or other instrument, and the particular nature
and object thereof the names and additions of all the parties to such deed
conveyance or 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 will
or instrument, and the proper and ordinary or accustomed names of the
places where the same shall be situated, and (except in cases of wills)
the
pecuniary or other consideration for the same, in the form or to the
effect
of the form numbered i in the schedule. hereunto annexed. Provided
always, that when there shall be more writings than one for perfecting.the
same conveyance devise 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.
7. And be it further enacted, that on delivery of any such memorial
as aforesaid, the said Land Officer shall number the same according to the
order of time in which it shall have been so delivered, and shall give a
receipt for the same, in which receipt shall be specified the certain day
and
time of day when such memorial shall have been so delivered, and the
proper number thereof in the Register of the said Land Office, and he
shall
also in like manner immediately indorse on the back of such memorial a
certificate, containing the day and time of day when the same was so
delivered, and the name and place of abode of the person verifying the
same
and shall sign the certificate when so indorsed and such certificate
shall be
taken and allowed as evidence of the registration, and time of
registration
of every such. judgment deed will devise conveyance or other instrument
whereof such memorial shall be so made.
[* See Ordi-
namae No. E
of zesz,]
Particulars
which it is
necessary for
the memorial
to contain.
such memo.
rial to be
numbered by
the Land
Officer and a,
receipt to be
given for the
same and'
LandOfficer r
shall endorse
thereon a
certificate of
the day and
hour when
suchmemorial
was delivered
into his office,
such certifi-
cate to be -
evidence of
the time of
registrAtion of
the memorial.
ORDINANCE No. 3 0F 1844.
Registration of deeds wills ~c.
$. And be it further enacted that every such memorial shall, as soon
after the receipt thereof as practicable, be carefully registered by the
Land
Officer, in regular succession as received, according to its proper
dumber,
in a particular book to be kept by him for that purpose, and shall
afterwards
be deposited by him in some secure place in hid office, and there kept for
future reference when required, and he 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 several
parties to conveyances and other deeds and instruments, and of devisors
Pnd uevisees in wills, and o£ the plaintiffs and defendants in 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 shall relate.
9. And be it further enacted that in case of mortgages and judgments
registered in pursuance of this Ordinance, if at any time afterwards such
verified certificate as is hereinafter next mentioned shall be brought
;.to the
said 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 shall appear that the ~whole'of the monies
due on any such mortgage or judgment have been fully paid, or that such
mortgage or judgment is otherwise satisfied, then the said Land OMcer
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 after-
wards carefully register the same 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 such certificate.
10. And be it further enacted that every such certificate shall contain
the following particulars; that is to say, in case of judgments the
names and additions of the plaintiffs and defendants, the time of entering
up or recording -the same, the sum or sums thereby recovered, the date or
dates of payment or other satisfaction of the amount bond fide due
thereon,
and in case of mortgages 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 every such eertific.e,
shall tie
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 the said Chief Magistrate, or before
memorial
'. fi35e r~gia.-
teftd . as soon
as possible in
`a.groper book
and be aepo-
slWl`in a
secureplaoein
the office.
Lend Officer to
keep an index
df places and
names con-
iected with
the instru-
ments so re-
gistered with
correct refer.
ences to the
proper page
of the re-
gistry book,
In case of
mortgages
and judg- ,
gents Land
~.pfEcex shall
enter satiafac-
tion for the
acne on re.
` petving a veri
:1~e~1 certificate
od.
rl
Form, of the
certificate of
satisfaction
ou a judgment
or znorEgage.
ORDINANCE No. 3 of 1844.
Registration of deeds wills ~c.
any, Justice of the Peace of the said Colony, and on the back of such
verified
certificate the Land Officer ~shall immediately indorse the date when the
same was: received by him, an4 the name and place of abode of the person
verifyinthe same and the sA-id certificate shall after being so indorsed
?and entered as aforesaid be safely kept in his office for future
reference
4
;
when, required.
11. -;And be it further enacted that it shall be lawful for any person.
Any person
may deposit -
or person's whatsoever to deposit in the said Land Office for safe
custody ^n the said,
officer'
any conveyance deed power of attorney or instrument in writir-,,deed~iuer
other inatru-
whatsoever or his or her last will and testament of which deeds wills
went for safe
conveyances or other instrument the said Land Officer shall (first giving
a enst°dy'
receipt fdr. 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 therein as well to the name of the
testator or parties to each such deed or instrument as to the person
wills then se
or persons depositing the same and the said Land Officer shall. carefully
deposted ; dyr
end securely keep all such deeds wills or other instruments in his said
to an sped
office until required by 'the party or parties depositing the same to
deliver , envelope, seal
,them back again. Provided that every such will or testament shal be=
ottestatnx.:=:
enclosed within a cover or envelope, sealed with the seal of the testator
or testatrix, whose name shall be endorsed by the Land Officer on such
envelope or cover, and every such will shall remain in the said office
until the decease of the testator or testatrix unless he or she shall
previously require the salve to be delivered back, and upon the death of
the testator or testatrix the said Land Officer shall (after examining
such will) deliver the same to the executor first named therein, or to
such other person as shall be duly authorized to receive the same.
12. And be it further enacted that if the said Land Officer or any
other person employed in the said Land Office shall wilfully neglect or
omit
to number register or enter in manner hereinbefore directed any memorial
or certificate delivered into the said bffice, he shall for every such
offence
forfeit and be liable to pay to Her Majesty, Fier Heirs and Successors for
the public purposes of the said Colony, the penalty or sum of five hundred
dollars, and'bfurther liable in damages td the party injured to the
Alent of the loss or injury sustained. And if the said Land Officer or
any clerk or person whatsoever shall wilfully destroy embezzle or secrete
forge counterfeit raze deface. or alter any memorial or any part thereof
or
0 the death
o testator
land Officer
shall deliver
the will to
the first
named execu.
for or to any
person order-
ed to receive
the same.
1'enaltv nn
Land Offi.edr
or subordi-
nate officers
wilfully
neglecting
their duty.
Wilful des- _
ttuetiou £or-:.
fiery or altera-
tion 6f any
registered; .
instrurneini'
with infei t to
Fees to be
taken by the
Land Officer.
defraud or
injure
punishable
with 7 or 14
years trans-
portation.
OR.DINA.fChJ No. 3 of 1844.
Registration of deeds wills 8,rc.
any indorsement made thereon or any entry or registry thereof in any book
in the said office, with intent to defraud or injure any person or
persons,
such Land Officer clerk or person so offending shall be guilty of felony,
and
being thereof' duly convicted shall be liable >~b be transported beyond
seas
for any term not less than seven years and not exceeding fourteen years.
Correction to 13. And be it enacted that all corrections by erasure inter]
ineation
st gnat ue of y or . otherwise in any memorial of the registry o any
document required
Land Officer. to be registered by this Ordinance shall be noted and set
forth at length
~n rid ink in the margin of the memorial wherein they may be made
together with the reasons for making the same and shall be attested and,
verified by the signature of the Land Officer for the time being.
14. And be it further enacted that the several fees or sutras of money,-,
mentioned in the list numbered 2 in the said schedule (and no higher ors
other fees) shall be demanded and paid by and to the said Laud 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 sand Laud Officer=
is hereby required to keep an accurate account of such fees and to pay:.
over the same to the Colonial Treasurer for tire -public purposes of the
Colony of IIongkong.
Sclzedmle referred to ~g dais Ordinance.
No. 1.
1. Date of will or instrument.
2. Nature and object thereof.
3. Names and additions of the pardon or devisors or <levkee::.
4. -Names ;cud additions o£ the witnesses thereto.
5. Description o£ the land or premises conveyed in or affected
by the deed or will.
6. Name and description of the place where situate.
i. Consideration and to whom and how paid.
8. Any other particulars the ease may require.
No. 2.
1. For registering every assignment mortgage or other
alienation ,.
2, For registering every will or judgment or receiv-
ing any verified certificate ........................
3. Far receiving for safe custody any deed will or
other instrument ....................................
4. For every search ..........................................
5. For certificate of receipt of any document or
certifying a copy thereof and every other
certificate .
C. For every uncertified copy of any will deed memo- l 25 cents,
rial or other instrument per folio of 80 words J
5 dollars.
5 dollars.
1 dollar.
5 dollars.
5
Title. [See Ordinance No. 10 of 1856 as to 'Lis Pendens.']
Preamble that it is desirable to facilitate the tracing of titles to landed property.
Establishment of a Registry Office.
From the passing of this Ordinance all instruments affecting land may be registered within the said office.
Such instruments to have priority according to their respective dates of registration.
Notice of unregistered instrument not to affect instruments duly registered.
Such instrument to be registered within a certain time after execution.
Mode of registration by a memorial containing certain particulars to be delivered to the Land Officer.
[* See Ordinance No. 6 of 1862.]
Particulars which it is necessary for the memorial to contain.
Such memorial to be numbered by the Land Officer and a receipt to be given for the same and Land Officer
shall endorse thereon a certificate of the day and hour when such memorial was delivered into his office,
such certificate to be evidence of the time of registration of the memorial.
The memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the office.
Land Office to keep an index of places and names connected with the instruments
so registered with correct references to the proper page of the registry book.
In case of mortgages and judgments Land Officer shall enter satisfaction fo rthe same on receiving a verified certificate as after described.
Form of the certificate of satisfaction on a judgment or mortgage.
Any person may deposit in the said office any deed will or other instrument for safe custody.
Wills when so deposited for safe custody to be wrapped up in an envelop under the seal of testator or testatrix.
On the death of testator Land Officer shall deliver the will to the first named executor or to any perosn ordered to receive the same.
Penalty on Land Officer or subordinate officers wilfully neglecting their duty.
Wilful destruction forgery or alternation of any registered instrument with intent to
defraud or injure punishable with 7 or 14 years transportation.
Correction to be verified by signature of Land Officer.
Fees to be taken by the Land Officer.
No. 3 of 1844.
An.Ordinance to provide for the registration of deeds wills judgmemts
and conveyances affecting real or immovable property
in Hongkong.
[28th February, 1844.]
Where it is expedient to prevent secret and fraudulent conveyances
in the Colony of Hongkong, and to provide means whereby
the title to real and immovable property may be easily traced and
ascertained. Be it therefore enacted by His Excellency the Governor of
Hongkong and its dependencies, with the advice of the Legislative Council
thereof, that from and after the passing of this Ordinance, the Land Office
in the said Colony shall be a public office for the registration of deeds
conveyances and other instruments wills and judgments in manner
hereinafter mentioned: and that all conveyances and other deeds, wills and
devises and other instruments in writing, now or hereafter to be made or
executed, and all judgments hereafter to be obtained, by which conveyances
deeds and other instruments in writing wills and judgments, any parcels
of ground, tenements or premises in Hongkong aforesaid 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.
2. And be it futher enacted that all such judgments and conveyances
or instruments in writing obtained made or executed respectively after
the passing of this Ordinacne, and registered in pursuance hereof, shall
have priority one over the other according to the priority of their respective
Notice oA
-
n_ egiatered
i ~trument
not to affect
instruments
duly regis-
tered.
Such instru.
went to be
regiatnerede
withi a
certain time
after execu-
tion.
Mode of re~ie.
tration by a
memor*l .
corlta~ing _
certain-'parti-
culars ;to be ,
delivered to - .
the Land..
Offlcer.
ORDINANCE No. 8 0F 1844.
Registration of deeds wills 4e.
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
tenements 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.
~. And be it enacted that no notice whatsoever, either actual or
constructive, of any prior unregistered deed judgment will conveyance or
instrument in writing, shall affect the priority of any such instrument as
aforesaid as shall be duly registered in pursuance of this Ordinance.
4. And be it further enacted that all judgments deeds wills conveyances
or instruments in writing hereafter obtained made or 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 (%f executed in Hongkong 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 o£ 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 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 never been made.
S. And be it further enacted that the registration intended by this
Ordinance shall be made in manner following: that is to say; a memorial.
containing tire particulars hereinafter specified shall be.delivered into
the
said Land Office, signed (in case of deeds conveyances or other
instruments
in writing except w ills). 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 rind devises) signed by some or one of the devisees or his or her
guardian or trustees, and (in case of judgments) signed by the plaintiff
or plaintiffs: and every such memorial shall be verified by the oath of
ORDINANCE No. 8 op 1844.
Pegistrdtion of deeds wills atc.
i3ome 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 Pglice, or before any Justice of the Peace of
the
said Colony.
6. And be it further enacted that every memorial of any judgment
shall contain the following particulars; that is to say, the names and
additions of the plaintiffs and defendants respectively, the sum' thereby
recovered or secured, the time of entry or recording the same, and the sum
of money bond fide due thereon; and every memorial of any deed or
conveyance will or other instrument shall contain and set forth the dale
of
such deed conveyance will or other instrument, and the particular nature
and object thereof the names and additions of all the parties to such deed
conveyance or 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 will
or instrument, and the proper and ordinary or accustomed names of the
places where the same shall be situated, and (except in cases of wills)
the
pecuniary or other consideration for the same, in the form or to the
effect
of the form numbered i in the schedule. hereunto annexed. Provided
always, that when there shall be more writings than one for perfecting.the
same conveyance devise 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.
7. And be it further enacted, that on delivery of any such memorial
as aforesaid, the said Land Officer shall number the same according to the
order of time in which it shall have been so delivered, and shall give a
receipt for the same, in which receipt shall be specified the certain day
and
time of day when such memorial shall have been so delivered, and the
proper number thereof in the Register of the said Land Office, and he
shall
also in like manner immediately indorse on the back of such memorial a
certificate, containing the day and time of day when the same was so
delivered, and the name and place of abode of the person verifying the
same
and shall sign the certificate when so indorsed and such certificate
shall be
taken and allowed as evidence of the registration, and time of
registration
of every such. judgment deed will devise conveyance or other instrument
whereof such memorial shall be so made.
[* See Ordi-
namae No. E
of zesz,]
Particulars
which it is
necessary for
the memorial
to contain.
such memo.
rial to be
numbered by
the Land
Officer and a,
receipt to be
given for the
same and'
LandOfficer r
shall endorse
thereon a
certificate of
the day and
hour when
suchmemorial
was delivered
into his office,
such certifi-
cate to be -
evidence of
the time of
registrAtion of
the memorial.
ORDINANCE No. 3 0F 1844.
Registration of deeds wills ~c.
$. And be it further enacted that every such memorial shall, as soon
after the receipt thereof as practicable, be carefully registered by the
Land
Officer, in regular succession as received, according to its proper
dumber,
in a particular book to be kept by him for that purpose, and shall
afterwards
be deposited by him in some secure place in hid office, and there kept for
future reference when required, and he 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 several
parties to conveyances and other deeds and instruments, and of devisors
Pnd uevisees in wills, and o£ the plaintiffs and defendants in 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 shall relate.
9. And be it further enacted that in case of mortgages and judgments
registered in pursuance of this Ordinance, if at any time afterwards such
verified certificate as is hereinafter next mentioned shall be brought
;.to the
said 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 shall appear that the ~whole'of the monies
due on any such mortgage or judgment have been fully paid, or that such
mortgage or judgment is otherwise satisfied, then the said Land OMcer
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 after-
wards carefully register the same 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 such certificate.
10. And be it further enacted that every such certificate shall contain
the following particulars; that is to say, in case of judgments the
names and additions of the plaintiffs and defendants, the time of entering
up or recording -the same, the sum or sums thereby recovered, the date or
dates of payment or other satisfaction of the amount bond fide due
thereon,
and in case of mortgages 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 every such eertific.e,
shall tie
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 the said Chief Magistrate, or before
memorial
'. fi35e r~gia.-
teftd . as soon
as possible in
`a.groper book
and be aepo-
slWl`in a
secureplaoein
the office.
Lend Officer to
keep an index
df places and
names con-
iected with
the instru-
ments so re-
gistered with
correct refer.
ences to the
proper page
of the re-
gistry book,
In case of
mortgages
and judg- ,
gents Land
~.pfEcex shall
enter satiafac-
tion for the
acne on re.
` petving a veri
:1~e~1 certificate
od.
rl
Form, of the
certificate of
satisfaction
ou a judgment
or znorEgage.
ORDINANCE No. 3 of 1844.
Registration of deeds wills ~c.
any, Justice of the Peace of the said Colony, and on the back of such
verified
certificate the Land Officer ~shall immediately indorse the date when the
same was: received by him, an4 the name and place of abode of the person
verifyinthe same and the sA-id certificate shall after being so indorsed
?and entered as aforesaid be safely kept in his office for future
reference
4
;
when, required.
11. -;And be it further enacted that it shall be lawful for any person.
Any person
may deposit -
or person's whatsoever to deposit in the said Land Office for safe
custody ^n the said,
officer'
any conveyance deed power of attorney or instrument in writir-,,deed~iuer
other inatru-
whatsoever or his or her last will and testament of which deeds wills
went for safe
conveyances or other instrument the said Land Officer shall (first giving
a enst°dy'
receipt fdr. 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 therein as well to the name of the
testator or parties to each such deed or instrument as to the person
wills then se
or persons depositing the same and the said Land Officer shall. carefully
deposted ; dyr
end securely keep all such deeds wills or other instruments in his said
to an sped
office until required by 'the party or parties depositing the same to
deliver , envelope, seal
,them back again. Provided that every such will or testament shal be=
ottestatnx.:=:
enclosed within a cover or envelope, sealed with the seal of the testator
or testatrix, whose name shall be endorsed by the Land Officer on such
envelope or cover, and every such will shall remain in the said office
until the decease of the testator or testatrix unless he or she shall
previously require the salve to be delivered back, and upon the death of
the testator or testatrix the said Land Officer shall (after examining
such will) deliver the same to the executor first named therein, or to
such other person as shall be duly authorized to receive the same.
12. And be it further enacted that if the said Land Officer or any
other person employed in the said Land Office shall wilfully neglect or
omit
to number register or enter in manner hereinbefore directed any memorial
or certificate delivered into the said bffice, he shall for every such
offence
forfeit and be liable to pay to Her Majesty, Fier Heirs and Successors for
the public purposes of the said Colony, the penalty or sum of five hundred
dollars, and'bfurther liable in damages td the party injured to the
Alent of the loss or injury sustained. And if the said Land Officer or
any clerk or person whatsoever shall wilfully destroy embezzle or secrete
forge counterfeit raze deface. or alter any memorial or any part thereof
or
0 the death
o testator
land Officer
shall deliver
the will to
the first
named execu.
for or to any
person order-
ed to receive
the same.
1'enaltv nn
Land Offi.edr
or subordi-
nate officers
wilfully
neglecting
their duty.
Wilful des- _
ttuetiou £or-:.
fiery or altera-
tion 6f any
registered; .
instrurneini'
with infei t to
Fees to be
taken by the
Land Officer.
defraud or
injure
punishable
with 7 or 14
years trans-
portation.
OR.DINA.fChJ No. 3 of 1844.
Registration of deeds wills 8,rc.
any indorsement made thereon or any entry or registry thereof in any book
in the said office, with intent to defraud or injure any person or
persons,
such Land Officer clerk or person so offending shall be guilty of felony,
and
being thereof' duly convicted shall be liable >~b be transported beyond
seas
for any term not less than seven years and not exceeding fourteen years.
Correction to 13. And be it enacted that all corrections by erasure inter]
ineation
st gnat ue of y or . otherwise in any memorial of the registry o any
document required
Land Officer. to be registered by this Ordinance shall be noted and set
forth at length
~n rid ink in the margin of the memorial wherein they may be made
together with the reasons for making the same and shall be attested and,
verified by the signature of the Land Officer for the time being.
14. And be it further enacted that the several fees or sutras of money,-,
mentioned in the list numbered 2 in the said schedule (and no higher ors
other fees) shall be demanded and paid by and to the said Laud 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 sand Laud Officer=
is hereby required to keep an accurate account of such fees and to pay:.
over the same to the Colonial Treasurer for tire -public purposes of the
Colony of IIongkong.
Sclzedmle referred to ~g dais Ordinance.
No. 1.
1. Date of will or instrument.
2. Nature and object thereof.
3. Names and additions of the pardon or devisors or <levkee::.
4. -Names ;cud additions o£ the witnesses thereto.
5. Description o£ the land or premises conveyed in or affected
by the deed or will.
6. Name and description of the place where situate.
i. Consideration and to whom and how paid.
8. Any other particulars the ease may require.
No. 2.
1. For registering every assignment mortgage or other
alienation ,.
2, For registering every will or judgment or receiv-
ing any verified certificate ........................
3. Far receiving for safe custody any deed will or
other instrument ....................................
4. For every search ..........................................
5. For certificate of receipt of any document or
certifying a copy thereof and every other
certificate .
C. For every uncertified copy of any will deed memo- l 25 cents,
rial or other instrument per folio of 80 words J
5 dollars.
5 dollars.
1 dollar.
5 dollars.
5
Title. [See Ordinance No. 10 of 1856 as to 'Lis Pendens.']
Preamble that it is desirable to facilitate the tracing of titles to landed property.
Establishment of a Registry Office.
From the passing of this Ordinance all instruments affecting land may be registered within the said office.
Such instruments to have priority according to their respective dates of registration.
Notice of unregistered instrument not to affect instruments duly registered.
Such instrument to be registered within a certain time after execution.
Mode of registration by a memorial containing certain particulars to be delivered to the Land Officer.
[* See Ordinance No. 6 of 1862.]
Particulars which it is necessary for the memorial to contain.
Such memorial to be numbered by the Land Officer and a receipt to be given for the same and Land Officer
shall endorse thereon a certificate of the day and hour when such memorial was delivered into his office,
such certificate to be evidence of the time of registration of the memorial.
The memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the office.
Land Office to keep an index of places and names connected with the instruments
so registered with correct references to the proper page of the registry book.
In case of mortgages and judgments Land Officer shall enter satisfaction fo rthe same on receiving a verified certificate as after described.
Form of the certificate of satisfaction on a judgment or mortgage.
Any person may deposit in the said office any deed will or other instrument for safe custody.
Wills when so deposited for safe custody to be wrapped up in an envelop under the seal of testator or testatrix.
On the death of testator Land Officer shall deliver the will to the first named executor or to any perosn ordered to receive the same.
Penalty on Land Officer or subordinate officers wilfully neglecting their duty.
Wilful destruction forgery or alternation of any registered instrument with intent to
defraud or injure punishable with 7 or 14 years transportation.
Correction to be verified by signature of Land Officer.
Fees to be taken by the Land Officer.
Abstract
5
Title. [See Ordinance No. 10 of 1856 as to 'Lis Pendens.']
Preamble that it is desirable to facilitate the tracing of titles to landed property.
Establishment of a Registry Office.
From the passing of this Ordinance all instruments affecting land may be registered within the said office.
Such instruments to have priority according to their respective dates of registration.
Notice of unregistered instrument not to affect instruments duly registered.
Such instrument to be registered within a certain time after execution.
Mode of registration by a memorial containing certain particulars to be delivered to the Land Officer.
[* See Ordinance No. 6 of 1862.]
Particulars which it is necessary for the memorial to contain.
Such memorial to be numbered by the Land Officer and a receipt to be given for the same and Land Officer
shall endorse thereon a certificate of the day and hour when such memorial was delivered into his office,
such certificate to be evidence of the time of registration of the memorial.
The memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the office.
Land Office to keep an index of places and names connected with the instruments
so registered with correct references to the proper page of the registry book.
In case of mortgages and judgments Land Officer shall enter satisfaction fo rthe same on receiving a verified certificate as after described.
Form of the certificate of satisfaction on a judgment or mortgage.
Any person may deposit in the said office any deed will or other instrument for safe custody.
Wills when so deposited for safe custody to be wrapped up in an envelop under the seal of testator or testatrix.
On the death of testator Land Officer shall deliver the will to the first named executor or to any perosn ordered to receive the same.
Penalty on Land Officer or subordinate officers wilfully neglecting their duty.
Wilful destruction forgery or alternation of any registered instrument with intent to
defraud or injure punishable with 7 or 14 years transportation.
Correction to be verified by signature of Land Officer.
Fees to be taken by the Land Officer.
Title. [See Ordinance No. 10 of 1856 as to 'Lis Pendens.']
Preamble that it is desirable to facilitate the tracing of titles to landed property.
Establishment of a Registry Office.
From the passing of this Ordinance all instruments affecting land may be registered within the said office.
Such instruments to have priority according to their respective dates of registration.
Notice of unregistered instrument not to affect instruments duly registered.
Such instrument to be registered within a certain time after execution.
Mode of registration by a memorial containing certain particulars to be delivered to the Land Officer.
[* See Ordinance No. 6 of 1862.]
Particulars which it is necessary for the memorial to contain.
Such memorial to be numbered by the Land Officer and a receipt to be given for the same and Land Officer
shall endorse thereon a certificate of the day and hour when such memorial was delivered into his office,
such certificate to be evidence of the time of registration of the memorial.
The memorial to be registered as soon as possible in a proper book and be deposited in a secure place in the office.
Land Office to keep an index of places and names connected with the instruments
so registered with correct references to the proper page of the registry book.
In case of mortgages and judgments Land Officer shall enter satisfaction fo rthe same on receiving a verified certificate as after described.
Form of the certificate of satisfaction on a judgment or mortgage.
Any person may deposit in the said office any deed will or other instrument for safe custody.
Wills when so deposited for safe custody to be wrapped up in an envelop under the seal of testator or testatrix.
On the death of testator Land Officer shall deliver the will to the first named executor or to any perosn ordered to receive the same.
Penalty on Land Officer or subordinate officers wilfully neglecting their duty.
Wilful destruction forgery or alternation of any registered instrument with intent to
defraud or injure punishable with 7 or 14 years transportation.
Correction to be verified by signature of Land Officer.
Fees to be taken by the Land Officer.
Identifier
https://oelawhk.lib.hku.hk/items/show/7
Edition
1890
Volume
v1
Subsequent Cap No.
128
Cap / Ordinance No.
No. 3 of 1844
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“REGISTRARION OF DEEDS WILLS & c. ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/7.
