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Charges
Cap. 72, s. 14 · Revised Edition 2020
(1) Every charge contemplated by section 13 (2) of this Act other than paragraphs (b) and (c) thereof shall be created,
(a) in the case of registered land, by a deed expressed to be by way of legal mortgage executed and registered in accordance with 14 Part III, Part IV or Part V of the General Registry Act, Cap. 327;
(b) in the case of unregistered land, by a deed expressed to be by way of legal mortgage executed and recorded and in accordance with Part VI of the General Registry Act, Cap. 327.
(2) A deed creating a charge by way of legal mortgage shall include such of the covenants and recitals set forth in the Third Schedule as are appropriate and shall,
(a) in the case of registered land, be in such form as may be prescribed under the General Registry Act, Cap. 327; and
(b) in the case of unregistered land, shall be in a similar form with such modifications as in any case may be necessary.
(3) The deed of mortgage shall be prepared by a law officer in the Attorney General’s Ministry and shall be signed by the employee concerned in the presence of such law officer and shall be forwarded to the Registrar. A copy of the deed shall be supplied to the employee concerned by the Board without payment of any fee.
(4) Upon receipt of such deed the Registrar shall register or record it in accordance with the General Registry Act, Cap 327. (5) On payment of all sums due under a deed of mortgage the Board shall execute a deed of cancellation of mortgage (which shall be prepared by a law officer in the Attorney General’s Ministry) and the Registrar shall upon the production to him of such deed register or record it and such registration or recording shall have the effect of clearing the register or record of such charge.
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