A competition may arise between a sasine first transcribed, though last presented, and a sasine which, by the minute-book, is proved to have been first presented though last transcribed. A question has occurred, whether a sasine, transcribed into the register out of the order which it bore in the minute-book, was duly recorded. The two divisions of the courts pronounced different judgments. In one of the cases, the sasine was presented on the 25th of September, omitted to be entered of that date in the minute-book, but immediately entered in the record. On the 4th of October, the omission in the minute-book was observed, and an entry made of that date, and the date of the record and certificate erased to correspond. The question was, whether it was duly recorded, as it stood out of its order in the record. The court (second division) judging on the electionstatute, held that the inserting of the sasine in the record, out of the order of the minute-book, was fatal to the claim of enrolment. (a) In the other case, the same question was determined the other way by the first division; and it was held that the minute-book gave the true date of recording, and the transcription into the record-book was of no importance, provided it was duly referred to in the minute of presentation, so as to be found in the record by those wishing to examine it. (b) Mr. Bell expressed his opinion in favour of the determination in the latter case. When the competition has arisen prior to the presenting of any of the sasines for registration, the preference is determined by the priority of date of the sasine. (c) (a) Drummond v. Sir A. Ramsay, June 24th, 1809. (b) Adam v. Duthie, June 19th, 1810, 1 Bell's Com. 679. SECTION III. REGISTRATION IN THE BRITISH COLONIES AND UNITED STATES. I. In Jamaica and the other colonies registration has been almost coeval with their first settlement. II. Barbadoes. III. Antigua. IV. St. Kitts. V. Nevis. VI. Grenada. VII. Dominica. VIII. Tobago. IX. St. Vincent. X. Montserrat. XI. Virgin Islands. XII. Bahamas. XIII. Bermuda. XIV. Upper Canada, Nova Scotia, and New Brunswick. XVI. United States.-New York Revised Statutes. The manner of registering.-Time when the deed is considered to have been registered. The record evidence.-Non-registration can be set up only by purchasers for a valuable consideration under deed duly registered,-Effect of notice of the unregistered deed.— The unregistered deed not void against the grantor, &c.-Notice does not relieve the grantee from the consequences of non-registration. When registration is required even between the parties.— Act of Prince Edward's Island.-Law of Maryland.-Registration, constructive notice in what cases. I. IN Jamaica and all the other colonies, except Montserrat and Upper Canada, it is required that the deed or instrument affecting real property should be recorded at length in the office appointed for that purpose. In many of the colonies the time within which it is to be registered or recorded is expressly prescribed, and is more or less extended according to the place in which the deed is executed. In Jamaica, if it be executed in that colony, it must be recorded within ninety days after its date. (a) If it be made and executed out of the island, it must be recorded within twelve calendar months after its date, and within ninety days after the arrival of the ship which brought it. (b) The secretary is bound to give to the party bringing the deed a receipt under his hand, and, upon payment of the fee for recording the same, immediately to underwrite or indorse upon the deed the day of its being entered in the office, or coming to his hand. A certain time is allowed him for recording it fairly at length, but the time when it is so entered in the office, or delivered to the officer, is deemed and taken to be that of its enrolment. (c) If it be not recorded within the prescribed time, it is void only against subsequent purchasers for a valuable consideration, but not as against the grantor, or those claiming under him as volunteers. II. In Barbadoes the deed, if executed in the colony, must be recorded at length within three months "after the enscaling and delivery thereof." (d) Acknowledgments by the husband and wife, made out of the colony, are to be recorded within twelve months after such acknowledgment. (e) III. In Antigua, if the deed be executed in the island, it must be recorded at large in the register's office within twenty days. (f) If it be executed out of Antigua, but in any of the Leeward Islands, it must be recorded within six calendar months after its acknowledgment, and if it be executed in any other part of his Majesty's dominions, it must be recorded within two years after its execution. (g) (a) 33 Car. 2, c. 12, § 2. 4 Geo. 2, c. 5, § 5. (b) 16 Geo. 2, c. 5. (d) No. 31, 2 Car. 2. No. 47, 9 Car. 2. (e) No. 50, 11 Car. 2. (c) 10 Ann, c. 4, § 2. (f) No. 39, 27 Car. 2. (g) Leeward Island Act, No. 32, § 5. Antigua Acts, No. 39, No. 106, No. 198, No. 270. The time of its acknowledgment before the register, when it is executed in Antigua, is to be deemed the time of registering, (a) and if it be executed out of Antigua, the time at which it is brought for registry is to be deemed the time of registry. (b) IV. The deed, executed in St. Kitts, must be registered within three calendar months after the making and executing thereof, and if out of St. Kitts, within two years after the execution thereof. (c) The non-registration of the deed within the prescribed time avoids it only as against purchasers for a valuable consideration, but not against the grantor. V. In Nevis there is no particular time prescribed for registering deeds, but the secretary is required to indorse a certificate upon every deed entered and registered, mentioning therein the particular year, day of the month, and hour in which the deed is entered and registered, and sign such certificate. A deed is adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration, unless it be entered and registered before the entering and registering of the deed under which such subsequent purchaser or mortgagee claims. (d) Deeds executed and acknowledged in the East Indies by the husband and wife, or either of them, for the purpose of conveying the wife's estate or of barring entails, must be registered within thirty-six calendar months after the acknowledgment. (e) VI. No time is prescribed for recording deeds executed in Grenada or the Grenadines, but there is a provision, similar to that in the preceding act, giving a preference to a subsequent purchaser for a valuable consideration who has first recorded the deed under which he claims. If the deed be executed in any of the neighbouring (a) No. 106, § 11. (b) No. 270, § 4. (d) No. 164, 2 Geo. 3. (c) 2 Geo. 2. 31 Geo. 2. (e) No. 270, 54 Geo. 3. islands, it must be entered and recorded in the register's office of that island within three months after its execution. If in North America within six months, and if in the island of Jamaica, or any part of Europe, within twelve months after its execution. (a) VII. In Dominica, a deed executed in that island must be recorded within three months after its execution, (b) and if executed in any of the neighbouring islands within six months, and if executed in North America, Jamaica, or any part of Europe, within twelve months after its execution. It will, if not recorded within the prescribed period, be postponed to a registered deed in favour of a bona fide purchaser for a valuable consideration. (c) VIII. A deed executed in Tobago must be recorded within two months after its execution, if in North America within nine months, and if in Jamaica, or any part of Europe, within fifteen months. The effect of its non-registration is available only to a purchaser for a valuable consideration under a registered deed. (d) IX. In St. Vincent the time of the acknowledgment of the deed before the register is to be deemed the time of registry. (e) The acknowledgment, and consequently the registry, if the deed be executed in the island, must take place in thirty days after its date. (ƒ) The space of three calendar months is allowed for the acknowledgment and registry of deeds executed in Grenada, the Grenadines, Tobago, Dominica, and Barbadoes. The space of four calendar months is allowed for those executed in any of the islands then known by the name or comprehended under the government of his Majesty's Leeward Charibbee Islands, and the space of twelve calendar months for those executed in Great (a) No. 8, April 20th, 1767. No. 14, April 3rd, 1770. (c) Ib. No. 7, 12 Geo. 3. No. 11, 14 Geo. 3. (ƒ) Cl. 12. |