DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0227
A.D. 1812.]
REGULATION XX.
217
for registering memorials of deeds of sale or gift of lands, houses, and other
real property; of deeds of mortgage on land, houses, and other real pro-
perty, as well as certificates of the discharge of such incumbrances; of
leases and limited assignments of land, houses, and other real property,
including generally all conveyances used for the temporary transfer of real
property; of wusseat-namalis or wills, and written authorities from hus-
bands to their wives to adopt sons after their (the husbands') demise; and
whereas inconvenience has been experienced from the delay attendant on
the forms at present established for registering the said deeds; and
whereas it will tend to obviate disputes and prevent frauds in the per-
formance of engagements for the delivery of indigo, to afford to the parties,
or either of them, the means of registering such engagements ; and
wdiereas the convenience of the public will be further promoted by the
establishment of a separate register of obligations for the payment of
money, the following rules have been enacted, to be in force from the period
hereafter specified throughout the territories dependent on the presidency
of Fort William.
II. Whenever any person may be desirous of procuring any deed Rules to be observed
of the description of those specified in Section III. Regulation XXXVI. ^ registering deeds.
1793, and in the corresponding rules of Regulation XVII. 1803, to be
registered, he shall attend, either in person or by an authorized represen-
tative, at the office of the register, with the original deed and an exact
copy of it, attested by one at least of the parties to the instrument and
by one of the witnesses to the execution of it. The register, after having
adopted the prescribed measures for ascertaining the validity of the origi-
nal, and having compared with it the copy above required to be furnished,
shall without loss of time specify on the back of the latter, the date and
hour of the day on which it was presented for the purpose of being regis-
tered, shall cause it to be filed according to the order of time in which it *
may have been received, and entered in the register-book according to the
same order, certifying in the said book the day and hour on which the
entry was completed and inspected by him.
On completion of the entry in the manner above stated, the Original deed to be
register shall return the original deed to the person from whom it may have ^y^o^ed hereon,
been received, with a certificate under his signature endorsed on the deed,
specifying the date and the hour of the day on which it was registered, and
the page on which it is entered in the register-book.
The entry in the register-book shall, in all practicable cases, be The entry in the re.
made at the time of endorsing the copy required to be furnished ; but the g\ster-b°oktobemade
insertion of it shall on no account be postponed beyond the day on which the endorsement is
the endorsement may be made.
jFoMW/h The register shall, on application being made to him, al ow AH persons allowed
all persons to inspect the copies of deeds attested, endorsed, and filed ^^nd^register^booh*
in the manner prescribed in the preceding clause, as well as the register-
books.
jFY/%. In like manner the register shall, on application being made to Copies to be granted,
him, grant copies of all engagements registered by him to persons whom re^ived^in eSnce^
they may concern ; and such copies, in the event of the originals being case of the originals
lost, destroyed, or not forthcoming, shall be received as sufficient evidence lost or destroyed,
of such deeds in all courts of judicature whatever, proof being made by
VOL. II. 2 F
REGULATION XX.
217
for registering memorials of deeds of sale or gift of lands, houses, and other
real property; of deeds of mortgage on land, houses, and other real pro-
perty, as well as certificates of the discharge of such incumbrances; of
leases and limited assignments of land, houses, and other real property,
including generally all conveyances used for the temporary transfer of real
property; of wusseat-namalis or wills, and written authorities from hus-
bands to their wives to adopt sons after their (the husbands') demise; and
whereas inconvenience has been experienced from the delay attendant on
the forms at present established for registering the said deeds; and
whereas it will tend to obviate disputes and prevent frauds in the per-
formance of engagements for the delivery of indigo, to afford to the parties,
or either of them, the means of registering such engagements ; and
wdiereas the convenience of the public will be further promoted by the
establishment of a separate register of obligations for the payment of
money, the following rules have been enacted, to be in force from the period
hereafter specified throughout the territories dependent on the presidency
of Fort William.
II. Whenever any person may be desirous of procuring any deed Rules to be observed
of the description of those specified in Section III. Regulation XXXVI. ^ registering deeds.
1793, and in the corresponding rules of Regulation XVII. 1803, to be
registered, he shall attend, either in person or by an authorized represen-
tative, at the office of the register, with the original deed and an exact
copy of it, attested by one at least of the parties to the instrument and
by one of the witnesses to the execution of it. The register, after having
adopted the prescribed measures for ascertaining the validity of the origi-
nal, and having compared with it the copy above required to be furnished,
shall without loss of time specify on the back of the latter, the date and
hour of the day on which it was presented for the purpose of being regis-
tered, shall cause it to be filed according to the order of time in which it *
may have been received, and entered in the register-book according to the
same order, certifying in the said book the day and hour on which the
entry was completed and inspected by him.
On completion of the entry in the manner above stated, the Original deed to be
register shall return the original deed to the person from whom it may have ^y^o^ed hereon,
been received, with a certificate under his signature endorsed on the deed,
specifying the date and the hour of the day on which it was registered, and
the page on which it is entered in the register-book.
The entry in the register-book shall, in all practicable cases, be The entry in the re.
made at the time of endorsing the copy required to be furnished ; but the g\ster-b°oktobemade
insertion of it shall on no account be postponed beyond the day on which the endorsement is
the endorsement may be made.
jFoMW/h The register shall, on application being made to him, al ow AH persons allowed
all persons to inspect the copies of deeds attested, endorsed, and filed ^^nd^register^booh*
in the manner prescribed in the preceding clause, as well as the register-
books.
jFY/%. In like manner the register shall, on application being made to Copies to be granted,
him, grant copies of all engagements registered by him to persons whom re^ived^in eSnce^
they may concern ; and such copies, in the event of the originals being case of the originals
lost, destroyed, or not forthcoming, shall be received as sufficient evidence lost or destroyed,
of such deeds in all courts of judicature whatever, proof being made by
VOL. II. 2 F