PART IV. CLASS VII. REGISTRATION OF DEEDS AND CONVEYANCES OF 25 Vic. c. 2. An Act to amend the Laws of Real Property W HEREAS it is expedient further to assimilate the laws of PREAMBLE. the Colony, relating to real property, to those of the mother country on the same subject; May it, &c.: entailed. I. That from and after the passing of this Act, every actual Power of tenant tenant, in tail, whether in possession, remainder, contingency, or in tail to disotherwise, shall have the same and the like power to dispose of pose of lands for an estate in fee simple, absolute, or for any less estate, the lands entailed, as any tenant in tail in England can, under the provisions of the Act of the Imperial Parliament of the third and fourth years of the reign of King William the Fourth, chapter seventy-four, now dispose of the lands of which he is tenant in tail, as aforesaid; Provided always, that instead of the enrolment Proviso, as to in Chancery, as required by the said statute, every deed by which the registry of any disposition is made by a tenant in tail, except as by the said the deed of disstatute excepted, shall be recorded in the office of the Registrar position. of Records for the Colony, within six months after the execution thereof. II. That so much of the Act of the General Assembly of these So much of Islands, passed in the fortieth year of the reign of his late Majesty Act of General King George the Third, chapter two, as declares the following Geo. 3, c. 2, Assembly, 40 Acts of Parliament to be in force in the Colony, shall be and the same is hereby repealed, that is to say: 4 Hen. 7, c. 24; 11 Hen. 7, c. 20; 32 Hen. 8, c. 36; 1 Mary, sess. 2, c. 7; and 31 Eliz. c. 2. repealed as declares certain specified Acts of Parliament in force in the Colony. 25 Vic. c. 15. An Act to provide for the Appointment of a Registrar of Records, and for other purposes. (Assented to 29th April, 1862.) W HEREAS, in and by an Act of the General Assembly of PREAMBLE. these Islands, passed in the fourth year of the reign of King George the Third, entitled, "An Act for the Public Registering and Recording of all Deeds and Conveyances that are or shall be made of any lands, tenements, or hereditaments, negroes, 25 Vic. c. 15. vessels, goods, or effects within the Bahama Islands," it is amongst other things enacted that a public office for the registering and recording of deeds shall be established and kept at the Secretary's Office, in the town of Nassau, to be managed and executed by the Secretary of these Islands for the time being, or by his sufficient Deputy, and by the same Act and various other Acts of the General Assembly aforesaid, the Office of Registrar of Records is incorporated with that of Secretary of the Colony. A Registrar of Records to be appointed by the Governor, in the name and on behalf of the Crown during plea sure. Office of Colo to cease to be an office of Record. AND WHEREAS, in consequence of the large amount of official business which has in the course of time been thrown on the Office of Secretary of the Colony, it has become necessary to make provision for disconnecting from such office the duties required to be performed under the various Acts of Assembly above referred to, and to establish a separate office for the registering and recording of deeds and other papers; May it, &c. : I. That upon the commencement of this Act, and afterwards from time to time, as vacancies shall occur, it shall be lawful for the Governor, by Commission under the Great Seal of the Colony, to appoint in the name and on behalf of the Crown, a fit and proper person to be the Keeper and Registrar of Records for the Bahama Islands, to be styled "Registrar of Records," who shall hold his office during pleasure, and who shall not hold any other office whatever, while in the actual discharge of the duties of Registrar of Records, save and except that he shall be ex-officio Registrar of the Courts of Ordinary and Chancery. II. That upon the commencement of this Act, the office of the nial Secretary Colonial Secretary shall cease to be an office of record, and all powers and authorities by any Act of the General Assembly of these Islands given to the Secretary of the Colony as Registrar of Records, or as Registrar of the Courts of Ordinary, or Chancery, shall cease and determine. Registrar of Records appointed under the Act to take possession of the Books of Record, Wills, and other papers, deposited as records in the Colonial Secretary's office. Registrar of All deeds may be recorded in the office of III. That upon the first appointment of a Registrar of Records under this Act, the officer so appointed shall take possession of the several books of record, wills and other papers deposited as records in the office situate in the eastern public building, in the town of Nassau, heretofore known as the Secretary's Office, and of all furniture in the said office appertaining to it as a Department of Record, and such Registrar and his successors shall thenceforth have the custody of all such books and other records; as also of all future records, and shall keep the same either in the said office, or in such other office as shall from time to time be assigned or set apart by the Governor in Council, as an office of record under this Act. IV. That the said Registrar of Records shall be assisted by a Clerk, to be appointed by the Governor, under his seal-at-arms, who shall hold his office during pleasure, and shall be subject to the orders, and be under the control of the Registrar of Records for the time being, and who shall not hold any other office whatever, while in the actual discharge of his duties as such Clerk. The fifth clause is repealed by 26 Vic. c. 15, and the sixth clause being a temporary clause which has ceased to be in operation, is omitted. VII. That all deeds, of whatsoever nature or kind the same may be, and wheresoever executed, may be recorded in the office of the Registrar of Records established by this Act, upon proof of the due execution thereof being made, in manner hereinafter 25 Vic. c. 15. provided for. due execution thereof. Mode of proof of execution of VIII. That before a deed shall be entered in any book of record Registrar of under this Act, the due execution thereof shall, except as herein- Records upon after provided for, be proved by the oath or solemn affirmation (in proof of the cases where the law allows a solemn affirmation to be taken, by any particular class of persons) of one of the subscribing witnesses thereto, or by the acknowledgment of the party executing such deed, such oath, affirmation or acknowledgment as the case may deeds specified. be, shall be taken when the party is in the Island of New Provi- Proof required dence, before the Registrar, or when such party is resident on an to be endorsed Out-island of the Government, before any Justice of the Peace, on, or annexed or notary public, or when such party is without the limits of the to deed proven by other secure Government, before a Judge, Justice of the Peace or Notary Public, mode than or other person legally authorized to administer an oath or take wafers alone. acknowledgments. Provided that when such oath, affirmation, or Mode of proof acknowledgment, is made in a foreign country, the official character when witness of the officer before whom the same was taken or made shall be is resident in attested by a British Consul; and provided also, that the oath, dence, or an affirmation, or acknowledgment, by and before whomsoever the Out-island of same may be taken and made, shall be endorsed on the deed, in the Governproof of the execution of which it shall be taken or made, or shall ment. be firmly annexed thereto by means of tape, ribbon, or some other like secure means, but not by wafers alone. New Provi nesses are IX. That when in any case it shall be made to appear, to the Provision for satisfaction of the Registrar, that the subscribing witnesses to any proving deeds deed lodged in his office for record are dead, or are living without where the subthe limits of the Colony, without there being any reasonable scribing witprospect of their speedily returning thereto, and that the party by living out of whom such deed was executed is also absent from the Colony, or the limits of that he has declined to attend to acknowledge the execution the Colony; and the party thereof, and there shall be nothing on the face of the deed, or executing such otherwise, to raise a reasonable suspicion of its not being genuine, deeds is also or that its execution was otherwise than bonâ fide, it shall be absent from the lawful for the Registrar to admit the same to record on proof Colony. being made before him on oath, to be endorsed on or annexed to the deed, as aforesaid, of the handwriting of the party by whom the same was executed, or of the witness, or witnesses thereto. X. That the Registrar shall endorse on every deed lodged in his office, for record, the name of the party lodging the same, and the precise date on which the same was delivered to him, and all deeds so lodged shall be recorded in the order in which they are received by the Registrar; and when the recording of any deed shall be completed, the Registrar shall further endorse thereon a certificate, setting forth the particular book in which such deed is recorded, and the page or pages containing such record, and that such deed has been proved and recorded in strict conformity with delivered to the provisions of this Act, which certificate shall be dated with him; and when the day of the month and year on which the record was completed, the recording and shall be subscribed by the Registrar, in his own proper hand- of the deed is writing, and bear his official seal, and every such certificate shall complete, the particular book be received, admitted, and allowed in all courts of law, or equity, and page in within the Colony, as conclusive proof of the matters therein which it is recertified to. Registrar to endorse on every deed lodged for record, the name of the party lodging, and the precise date on which the same was corded. XI. That every deed, certified as aforesaid, having been proved Deed duly 1867. N proved and recorded ad 25 Vic. c. 15. and recorded under the provisions of this Act, shall be admitted as evidence in any court of law and equity within these Islands, without any further or other proof of the execution thereof, and every record of a deed made under the authority of this Act, as also all copies of records duly certified by the Registrar, to be true copies, shall also be admitted as evidence in any Court, as aforesaid, in the same manner as the deed of which the same purports to be a record, or copy of a record, is herein before directed to be admitted, when certified, as aforesaid, as having been proved and recorded under this Act. mitted as evidence in any Court of law as also copies thereof duly certified by the Registrar. Specification of documents XII. That the said Registrar of Records may lawfully record, when thereunto required, any agreement, letter, account, or other which the Re- writing, except promissory notes or bills of exchange not under gistrar may lawfully record. seal, upon proof being made before him, upon oath, or solemn affirmation, by one or more credible witness or witnesses, of the signature or signatures of the party or parties to such agreement, or of the handwriting of such letter, account, or other writing, and the record thereof shall have the same force and effect in any court of law, or equity, within these Islands, as the original agreement, letter, account, or writing would have, if produced and proved therein. Acts of As for land, or other letters patent under the Great Seal, may be lawfully recorded by the Registrar in his XIII. That all Acts of the General Assembly, grants for lands, sembly, grants or other letters patent under the Great Seal of the said Islands, may lawfully be recorded in the said office, by the said Registrar, upon the production of the same, and that the records of such Acts of Assembly, grants, or other letters patent, as shall be so recorded, as also of such Acts of Assembly, grants, or other letters patent as are already recorded in the said office, or any copy of such records, certified under the hand of the Registrar, shall be taken and received as evidence in any court of law or equity, in the said Islands, in as full and ample manner, as if the original Acts of Assembly, grants, or other letters patent under seal, as aforesaid, were actually produced and shown forth therein. office, upon the production of the same. Records or certified copies thereof received as evi dence in any Court of law or equity. Deeds executed for valuable consideration for same property, which may be first recorded in the Registrar's office, in conformity with this Act, shall have priority and prespective of date ference irre of deed. XIV. That if any person or persons, after having made and executed any conveyance, assignment, grant, release, bargain, sale, or mortgage of any lands, tenements, or hereditaments, or of any goods or other effects within these Islands, or of any estate, right, or interest therein, shall afterwards, for good and valuable consideration, make and execute any other conveyance, assignment, grant, release, bargain, sale, or mortgage of the same, real or personal estate, or any part thereof, or any estate, right, or interest therein; such of the said conveyances, assignments, grants, releases, bargains, sales, or mortgages as shall be first recorded in the said office, pursuant to the directions of this Act, shall have and take priority or preference; and the estate, right, title, or interest of the vendee, grantee, or mortgagee, claiming under such conveyance, assignment, grant, release, bargain, sale, or mortgage, so first recorded, provided the same shall have been executed for good and valuable consideration, and not otherwise, shall be deemed and taken to be good and valid, and shall in no wise be defeated, or affected by any such previous conveyance, assignment, grant, release, bargain, sale, or mortgage, so made and executed, but not recorded, without any manner of reference whatever to the dates of the execution of such deeds respectively, any law, usage, or custom to the contrary, notwithstanding. on reasonable request, to at tion thereof, in Act. XV. That all and every person and persons whosoever, being 25 Vic. c. 15. the subscribing witness or witnesses to any conveyance, gift, grant, release, bargain, sale, mortgage, power of attorney, or other Subscribing deed whatsoever, or to any agreement, or other paper, not under witnesses to seal, which under this Act may be recorded, shall, upon reasonable deeds, obliged request or demand, in writing, personally made or served in the Island of New Providence, upon him, her, or them, by any party tend the Regisor parties to such conveyance, gift, grant, release, bargain, sale, trar, at his ofmortgage, power of attorney, or other deed or agreement, or other fice, and attest paper, or by any person or persons on his, her, or their behalf to the execuforthwith attend and wait upon the said Registrar at his office, the manner reand make or give such proof upon oath or affirmation as by this quired by this Act is required to be made or given preparatory to the recording thereof; and every such witness, who shall neglect or refuse, for the space of forty-eight hours after such request or demand so made or served upon him or her as aforesaid, unless prevented by sickness, disability, or other sufficient cause, to attend the said Registrar at his said office for the purpose aforesaid, shall forfeit a sum not exceeding fifty pounds, to be recovered with costs in the General Court of these Islands, by action of debt, at the suit of the Crown, wherein no imparlance shall be allowed or entered; one moiety of the said penalty to be to the use of the informer, or to him, her, or them, who shall sue for the same, and the other moiety to our Sovereign Lady the Queen, her heirs and successors, to go in aid of the expenses of this Government, and shall, moreover, be liable to any action which the party or parties aggrieved may think fit to bring in the said General Court against such witness for any damage or injury which such party or parties shall or may sustain by or in consequence of such neglect or refusal as aforesaid. XVI. That the Registrar of Records shall be, and he is hereby authorized and empowered to administer all oaths, and to take all affirmations required to be taken or made by this Act; and if any persons having taken an oath or made a solemn affirmation under this Act, before the said Registrar or any other person hereinbefore authorized to administer such oath, or receive such affirmation to anything that is not true, every person so offending shall, on conviction, be liable to the same punishment as if he had been convicted of wilful and corrupt perjury. Registrar of Records empowered to ad minister oaths and take the affirmations required by this Act; punishment of persons making false oaths or affirmations. Penalty on for gery, or altering or putting XVII. That if any person shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any certificate, affidavit, affirmation, or other testimonial authorized by this Act to be granted, made, or taken, every person so offending shall be guilty of felony, and shall be liable, on conviction, to the same and the like punishment as is imposed by the Act of Assembly, 4 Vic. c. 31, on persons convicted of forgery forged or al under that Act. XVIII. That the following fees shall be payable at the said Registrar of Records, that is to say: For recording any deed, or other instrument, or paper, by virtue of this Act, exceeding eight folios, four pence per folio of seventy two words. For recording any deed or other instrument, or paper, of and under eight folios, two shillings and sixpence. For recording any common plat or diagram, one shilling. off certificates knowing the same to be tered. Fees to be prepaid to the Registrar and by him paid over, monthly, to the ReceiverGeneral and Treasurer, in aid of the |