As a rule it is sufficient if the Register is searched since the person bought it rho conveyed to the present owner, or since the last mortgage. When a banker takes the deeds he is usually satisfied if the Register reveals no other charge at the date when he takes the security, and if he retains the deeds it is not likely, in an ordinary case, that a charge will subsequently be registered while they are in his possession.
From the foregoing it is seen how necessary it is that a banker's mortgage, or memo randum of deposit, should be registered whenever the security is to be relied upon. In theory the Register should be searched by a banker before making each further advance, in case another charge has been registered in the meantime, but in practice. this is im possible.
By Section 3 of the Yorkshire Registries Amendment Act of 1885 : " Subject to any rules made under the principal Act, a caveat may at any time be given with respect to any lands within any of the three Ridings by any person claiming to be entitled to any interest in such lands in favour of any person named therein, and may be registered under the principal Act ; and every caveat so registered shall, unless removed or cancelled in accordance with any rules to be made for that purpose under the principal Act, remain in force for such time as may be specified therein in that behalf." The Registries Act does not include copy hold property, nor any lease not exceeding twenty-one years where possession goes with the lease, nor any lands belonging to the Crown. .1 deed of enfranchisement requires registration.
A judgment does not form a charge upon land until it has been registered.
Under the rules of the Registry any person may search the Register and may take copies or extracts (with lead pencil) there from upon payment of the prescribed fees.
Where any instrument is required to be enrolled, a corporation may act by any of its officers authorised in that behalf under the seal of the corporation, and a firm may act by any of its members.
All documents for enrolment must be written or printed upon strong, wide-ruled demy paper of a size of 16 inches in length by 10 inches in breadth, or thereabouts, with an inner margin about 2 inches wide, and an outer margin about three-quarters of an inch wide.
Where any map or plan is indorsed upon any instrument to be registered, an exact copy shall be drawn upon the copy or memorial, or upon linen cloth and attached thereto.
Where any instrument is required to be enrolled in the Register at full length, a true copy of such instrument shall be presented for the purpose of being actually enrolled and bound up in the Register, and (except where such instrument is a caveat or affi davit), there shall be prefixed to such copy a statement, to be enrolled therewith, setting forth the following particulars : (a) The name and description of the residence and occupation of the person on whose behalf the instru ment is to be registered.
(b) The date of the instrument.
(c) (1) In the case of a deed, the names of the parties.
(2) In the case of a will, the name of the testator.
(d) (1) In the case of an instrument other than a will the names of all the parishes wherein any lands known to be affected by such instrument are situate, in such manner as the same are expressed or mentioned in such instrument or to the same effect.
(2) In the case of a will the names of all the parishes wherein any lands known to be affected by such will are situate, so far and in such manner as the same are expressed or mentioned in such or to the same eifect.
And such statement shall be signed by the person on whose behalf such instrument is to be registered.
Where an official search for any instru ment registered or enrolled is required, the registrar gives a certificate of the result of the search signed by hint and sealed with the Registry seal_ Where a mortgage or charge affecting lands within the Riding has been registered and is aftenyards satisfied, any person entitled to any interest in such lands may present an affidavit of discharge with refer ence thereto, for enrolment in the Register. Such affidavit of discharge shall be in the prescribed form. Every signature must be by the oath of some credible witness. Where such mortgage or charge was origin ally created by deed or writing, t he original shall be produced to the registrar with an entry thereon showing that it is cancelled.
Any document requiring to he sent to the Registry office may be sent in a prepaid cover by post. \ cover for its return by post must be sent, duly addressed and stamped. If it has to be returned by regis tered post a fee of sixpence for posting must be paid in addition to the postage.
The following is the form of memorial of deed