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Old Privileges and Hypothecs (Registration and Renewal) Ordinance (Cap. 27) Consolidated

OLD PRIVILEGES AND HYPOTHECS (REGISTRATION AND RENEWAL) [CAP. 27. 1

CHAPTER 27

OLD PRIVILEGES AND HYPOTHECS (REGISTRATION AND RENEWAL) ORDINANCE

To make provision for the purpose of determ ining the effects of such privileges and hypothecs as may not have been registered in the public registry, and effects of such registrations as m ay not have been renewed within a certain time.

(17th May, 1895)*

Enacted by Sections 1 and 3 of ORDINANCE XIII of 1895.

1. This Ordinance may be cited as the Old Privileges and

Hypothecs (Registration and Renewal) Ordinance.
2. (1) Privileges and hypothecs, created before the promu lgat ion of Ordi nanc e No . XI o f 1 85 6†, an d wh ich u nd er t he laws in force previo usly to th at Ordinance, were effectual in regard to th ird parties , even thou gh th ey we r e not re gis t ered , sh all, in order that they may be preserved with all their effects, be registered in the P u blic Regi st r y w ith in the ti m e of thr ee y ears ‡ fr om t h e
promulgation of this Ordinance.
(2) The registration shall be made in accordance with the provisions of Ordina nce No. XII of 1856 § a nd of Ordi na nc e No. VII of 1868**.
(3) Where the person demanding the registration of any such priv il eg e or hypothec sh a ll produc e to the Dire ct or of th e Public Re gi s t ry a de c l a r a tion on oa t h to t h e e ffe c t t h a t he ha s no kn owled ge of th e tit le creatin g the pri vil ege or hy po thec, bu t th at h e is aw are th at th e d e b t wa s ack n o w led g e d , in a m a n n er to b e stated in such declaration, within the thirty years next preced ing the dema nd for re gi stra ti on , an e n try of su ch de cl arat ion on th e note shall b e equivalent to the indication of th e date and nature of the act creating the privilege or hypothec.

Short title.

Time for the registration of certain privileges and hypothecs.

3. Registratio ns o f privileges or hypothecs which are su bject to renewa l, and fro m the date of wh ic h thirty ye ars have already elapsed, shall be renewed within three y ears from the pro mulgation of this Ordinance.

Time for the renewal of certain registrations.

*See Proclamation No. VI of 1895.

†This Ordinance was repealed by Ordinance No.VII of 1868 now Book Sec ond of Chapte r 16. It was promulgated on 22nd Septembe r, 1857 (See Se c.4 there of, a nd Proc. No. V of 22nd June, 1897).

‡See Ordinance No XIV of 1897 and Ordinance No. V of 1899 whereby the time for registration was extended.

§Repealed by Act No. XII of 1927 (Chapter 56).

**Now Book Second of Chapter 16.