Registration and Records (CAP. 375 1
CHAPTER 375
THE REGISTRATION AND RECORDS ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
PART I
Unregistered deeds void as against subsequent
purchasers.
unregistered deeds not to be received in evidence.
Wills of realty to be proved and registered.
Time after execution within which deeds are to be
registered. -
Every deed to be attested by a witness.
Proof of deeds executed in Antigua and Barbuda and
registrable therein.
Proof of deeds may be affixed instead of indorsed.
Proof of deeds executed in Great Britain or Northern
Ireland.
Proof of deeds executed in any Colony, etc.
Proof of deeds executed in any Foreign State.
Persons authorized to take acknowledgements of deeds,
&c., executed out of Antigua and Barbuda for any
purpose connected with registration in Antigua and
Barbuda.
Deeds to be fully stamped and indorsed with name of
draftsman.
Declaration in lieu of oath.
Acknowledgement of deeds by Registrar.
Time of receipt to be deemed time of registration.
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2 C A P . 375) Registration and Records
PART I1
18. Copies of deeds for registration to be supplied.
1
PART I11
19. Chief Justice to be Keeper of the records.
20. Registrar of Deeds.
PART IV
21. Registrar to give certificate of receipt of deed.
22. Indorsement of time.
23. Entry in register books of time of registration.
24. Chief Clerk to act in absence of Registrar.
25. Reports.
PART V
26. Record Office.
27. Branch offices.
28. Public ~ecords, records of Superior Courts, &c., to be
under charge of Chief Justice.
29. Other records may be placed under charge of Chief
Justice.
30. Removal of records.
31. Power to make rules as to disposal of valueless
documents.
32. Return of original deeds and writings after registration.
33. Searches.
34. Copies of public records.
35. Office copies to be evidence.
36. Records not to be removed from the Record Office.
PART VI
37. Chief Justice may make rules.
38. Publication of rules.
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Registration and Records (CAP. 375 3
PART VII
LEGAL PROCEEDINGS
39. Action for negligence against Registrar.
PART VIII
FEES
40. Fees.
SCHEDULE.
REGISTRATION AND RECORDS 511881.
911922.
911932.
911933.
(23rd November, 1881 .) 1311941.
211943.
S.R.O. 2211956.
1511961.
1. This Act may be cited as the Registration and short title.
Records Act.
2. In this Act- Interpretation.
"deed" includes every document in writing affecting
or relating to lands, tenements, or hereditaments
in Antigua and Barbuda;
"indices" includes all indices, abstract books, and
catalogues in the Record Office in Antigua and
Barbuda relating to public records, registered deeds
and writings, or registers;
"public records" includes all documents of any kind
of a public nature deposited in the Record Office
in Antigua and Barbuda;
"registered deeds and writings" includes all instruments .
and writings whatever recorded in the Record
LAWS OF ANTIGUA AND BARBUDA
4 CAP. 375) Registration and Records
Office in Antigua and Barbuda before and after
the commencement of this Act;
"registers" includes all records and enrolments of
registered deeds and writings in the Record Office
in Antigua and Barbuda;
"Registrar" means the Registrar of Deeds;
"will" includes every last will and testament, codicil,
or exemplification thereof, and the proof or probate
of the same required to be recorded.
PART I
RECORDING OF DEEDS
Unregistered
deeds void as
3. Every deed shall be absolutely void as against any
against subsequent purchaser for valuable consideration, or
subsequent
purchasers.
mortgagee, unless such deed shall have been duly registered
before the registration of the deed under which subsequent
purchaser, or mortgagee, shall claim, and within the time
limited for the registration of deeds after their execution.
Unregistered 4. No deed shall be received in evidence in any pro-
deeds not to be
received in ceeding whatever, whether at law or equity, in Antigua and
evidence. Barbuda unless such deed shall have been duly registered.
Wills of realty to
be proved and
5 . No will, whereby any estate or interest in realty
registered. within Antigua and Barbuda is devised, shall be admitted
in evidence in any proceeding whatever, either at law or at
equity, within Antigua and Barbuda, until such will shall
have been duly proved and registered.
Time after
execution within
6. Every deed shall be lodged in the Record Office
which deeds are of Antigua and Barbuda, for registration, within the time
to be registered- ' hereinafter limited, that is to say-
If executed within Antigua and Barbuda, within
three months after execution;
If executed anywhere out of Antigua and Barbuda,
within twelve months after execution:
Provided that any Judge may, on cause shown, order
any deed to be registered notwithstanding its not having been
LAWS OF ANTIGUA AND BARBUDA
Registration and Records (CAP. 375 5
presented for registration within the time hereinbefore
limited; and, in such case, a copy of the order of the Court
shall be attached to the deed and registered therewith. In
the case of deeds executed before the coming into operation
of this Act, the same shall be received for registration without
the Judge's order required by this section.
7. Every deed shall be executed in the presence of at :;:;re?;," be
least one witness, who shall attest the same with his or her ,itness.
signature. Where the sole attesting witness to the execution
of a deed is a person, before whom, but for this section, the
deed might be acknowledged as hereinafter provided, such
person shall be disqualified from taking the acknowledgement.
8. All deeds executed in Antigua and Barbuda and Proof of deeds
intended for registration therein shall be proved by the oath ~ ~ ~ $ , d ~ ~ d
or affirmation of one of the witnesses, or acknowledged by Barbuda and
registrable the grantor, before the Registrar, and such proof or therein.
acknowledgement shall be indorsed, on the deed, and attested
by the Registrar.
9. When under the provisions of this Act, any deed E+;:f:g:
is or shall be proved by the oath or affirmation of one of instead of
the witnesses, such proof may be by affidavit or declaration
affixed to the said deed and attested by the Registrar.
10. All deeds intended for registration in Antigua and Proof of deeds
executed in Great
Barbuda which shall be executed in Great Britain or Northern B,;,,;,
Ireland, shall be proved by the oath or affirmation of one Northern
Ireland.
of the witnesses, or shall be acknowledged by the grantor,
before the Mayor, Deputy Mayor, or other Chief Magistrate
of any city, borough, or town corporate in Great Britain
or Northern Ireland, and certified under the common seal
of such city, borough, or town corporate.
1 . All deeds intended for registration in Antigua and Proof of deeds
executed in any
Barbuda, which shall be executed in any of the dominions, Colony, etc.
territories, colonies, dependencies, or possessions of the
Crown of Great Britain, Northern Ireland and of the British
Dominions beyond the seas, except Antigua and Barbuda,
shall be proved by the oath or affirmation of one of the
witnesses, or shall be acknowledged by the grantor, before
the Administrator, or person exercising the functions of
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6 CAP. 375) Registration and Records
Administrator, or before the Commander-in-Chief, of any
of the said dominions, territories, colonies, dependencies,
or possessions, or before a Judge of any Court, or before
the Mayor or Chief Magistrate of any city or town, or before
any Notary Public, or any officer, civil or military, holding
a commission under the Crown, either under the Imperial
or Colonial Government, and certified under the hand and
public or official seal of such Administrator or person exer-
cising the functions of Administrator, Commander-in-Chief,
Judge, Mayor, Notary Public, or officer, and, where a seal
is not appropriated to his office, under the private seal of
such functionary, the certificate, in such case, stating that
no official seal exists.
Proof of deeds
executed in any 12. All deeds intended for registration in Antigua and
Foreign State. Barbuda which shall be executed in any Foreign State what-
soever, shall be proved by the oath or affirmation of one
of the witnesses, or shall be acknowledged by the grantor,
before Her Majesty's Ambassador, Envoy, Minister, Charg6
d7Affaires, or Secretary of Embassy or Legation, exercising
his functions in such foreign state, or before Her Majesty's
Consul General, Consul, or any Vice Consul, or Acting
Consul or Consular Agent of Her Majesty, exercising his
functions in such foreign state, and certified under the hand
t
and seal of such Ambassador or other officer, used in his I
said public capacity, or under the hand and private seal of Z i
such functionary if there be no public seal, the absence of
which shall be certified.
i
Persons
authorized to
13. (1) All acknowledgements of deeds, affidavits,
take declarations and affirmations to be used, under the authority
acknowledgements of any law in force in Antigua and Barbuda, before any
of deeds, &c.,
executed out of Registrar of Deeds, for any purpose connected with the
Antigua and registration of deeds or wills or other documents or things
Barbuda, for any
purpose executed out of Antigua and Barbuda, may be sworn and
connected with taken in England, Scotland, or Northern Ireland, the Isle
registration in
Antigua and of Man, or the Channel Islands, or in any colony, island,
Barbuda. plantation, or place under the dominion of Her Majesty in
foreign parts, other than Antigua and Barbuda, before any
Court, Judge, Notary Public, or other person lawfully
authorized to administer oaths in such country, colony,
island, plantation or place, respectively, or before any of Her
Majesty's Consuls or Vice Consuls in any place out of Her
Majesty's dominions; and every Registrar of Deeds shall take
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Registration and Records (CAP. 375 7
judicial notice of the seal or signature, as the case may be,
of any such Court, Judge, Notary Public, person, Consul,
or Vice Consul, which shall be attached, appended, or
subscribed to any such affidavit, declaration, or affirmation,
or any other document.
(2) If any person shall forge the signature, or the official
seal, of any such Court, Judge, Notary Public, person,
Consul, or Vice Consul lawfully authorized to administer
oaths under this Act as aforesaid; or shall tender in the Record
Office of Antigua and Barbuda, for the purpose of the
registration of any deed, or will, or other document or thing,
any affidavit, declaration, or affirmation, or other judicial
or official document, with a false or counterfeit signature
or seal of any such Court, Judge, Notary Public, person,
Consul or Vice Consul, authorized as aforesaid, attached
or appended thereto, knowing the same signature or seal
to be false or counterfeit; every such person shall be guilty
of felony, and shall be liable to be imprisoned for any term
not exceeding two years with or without hard labour.
(3) Any deed which shall be executed out of Antigua
and Barbuda, and shall be intended for registration in
Antigua and Barbuda, may be proved by the oath, declara-
tion, or affirmation of a witness to the execution thereof,
or may be acknowledged by the grantor, in the country,
colony, island, plantation, or place wherein the sarne,shall
be executed, before any Court or person authorized by this
Act to swear and take acknowledgements, affidavits, declara-
tions and affirmations in such country, colony, island, plan-
tation, or place, to be used for any purpose connected with
the registration of deeds, wills, documents, or other things
executed out of Antigua and Barbuda; and such proof or
acknowledgement as aforesaid shall be as good and effectual
for all purposes of registration as if the said deed had been
proved or acknowledged in accordance with the provisions
of sections 10, 11 and 12.
14. (1) NO deed shall be admitted to registration, z;2;t;t;df~ll~
unless duly stamped with the amount required by any law indorsed with
in that behalf for the time being in force in Antigua and
Barbuda; nor, if the deed was prepared within Antigua and
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8 CAP. 375) Registration and Records
Barbuda, and was not executed before the coming into opera-
tion of this Act, unless the name of the person, by whom
it was prepared, is indorsed thereon.
I
(2) Whenever any deed offered for registration purports
to have been prepared by any person, other than a barrister,
solicitor or other person authorized to prepare legal
documents, the Registrar before admitting such deed to
registration, shall require an . affidavit from that person
proving that he did not draw or prepare the said deed either
directly, or indirectly, for or in expectation of any fee, gain
or reward, and a further affidavit from the party bearing
the cost of the preparation or registration of the said deed,
that no such fee, gain or reward was offered, paid, or was
to be paid by him to the person for drawing or preparing
the said deed.
Further, the Registrar, in his discretion, is hereby
authorized to retain custody of such deed so offered for the
purpose of being registered pending the production of the
aforesaid affidavit.
Declaration in
lieu of oath.
15. Where, by any statute or ordinance in force in
any part of the United Kingdom of Great Britain and
Northern Ireland, or its dependencies, a declaration is, or
shall be, substituted for an oath or affirmation, it shall be
sufficient for the subscribing witness to any such deed to prove
the execution thereof by such declaration, in lieu of his oath
or affirmation.
Acknowledgement 1 . Whenever it shall be necessary, under the provi-
of deeds by
Registrar. sion of any Act for the Registrar as Provost-Marshal or in
any other capacity, to acknowledge any deed, he may
acknowledge such deed before a Judge, or before the First
Clerk for the time being in the Registrar's office, or in the
absence or incapacity of the First Clerk, such acknowledge-
ment may be made before the Second Clerk.
Time of receipt 17. The time at which a deed or will is received in
to be deemed
time of the Registrar's office for registration shall be deemed to be
registration. the time of registration of such deed.
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Refistration and Records (CAP. 375 9
PART I1
18. (1) Every person presenting any deed or writing Copies of deeds
for registration of whatever kind (wills excepted) for registration, which may to be supplied,
be legally registered, shall, at the time of presentation, supply
the Registrar with a true and exact copy thereof, and the
Registrar shall, instead of copying such deed or writing into
a book as heretofore, after having examined the same and
after having satisfied himself as to its correctness, deposit
such copy in its proper order in a safe place to be kept for
that purpose, and such copy shall, thereupon, be deemed
to be the proper record of such deed or other writing.
(2) Every such copy shall be written on paper of a size,
quality and kind to be from time to time prescribed by the
Chief Jusice, and shall be duly bound in book-form in such
manner, and at such times, as the said Chief Justice shall
direct; and the Registrar shall not accept any copy which
is not written on the prescribed paper, or which is, in his
opinion, improperly or illegibly written, or which is written
in any way which would be likely to impair its usefulness
as a record.
PART I11
19. The Chief Justice for the time being shall be ex ~ ~ ; f , ~ ; ~ ~ ~ f Ze
o f f i o Keeper of public records, and of registered deeds and
writings in Antigua and Barbuda.
20. The Registrar of the High Court shall be the Registrar of
Deeds.
Registrar, and shall under the direction of the Chief Justice,
act as Record Keeper.
PART IV
2 1. O n receiving any deed for registration, the Registrar cert fic te to f give
Registrar shall give to the party depositing the same a of deed.
certificate acknowledging the receipt thereof; and such certi-
ficate shall be received as evidence of the registration of the
deed described therein.
LAWS OF ANTIGUA AND BARBUDA
10 CAP. 375) Registration and Records
Indorsement of
time.
22. At the time of the presentation of any deed for
registration, the Registrar shall indorse thereupon a
Registrar not to memorandum of the hour, day, month, and year when such
part with deed
recorded. deed was presented for registration, and shall sign the same;
and, after such indorsement, the Registrar shall not part with
such deed until it shall have been duly recorded.
Entry in register
books of time of
23. The Registrar shall enter in the register books
resistration. the hour, day, month, and year when each deed shall have
been presented for registration, corresponding to that
prescribed to be indorsed on the deed.
Chief Clerk to
act in absence of
24. In the absence from the office of the Registrar,
Registrar. the Chief Clerk in the Record Office shall execute all the
duties pertaining to the office of Registrar.
Reports. 25. (1) The Registrar shall, whenever called upon
to do so, furnish a report to the Chief Justice as to all pro-
ceedings under this Act, and such report shall be in such
form, and contain such particulars, as shall be prescribed
by rules.
(2) The Registrar shall, once in every year, report to
the Governor-General upon all proceedings under this Act,
and such report shall be published in the Gazette and laid
before Parliament.
PART V
Record Office. 26. The Registrar's Office shall be the Record Ofice;
and the Governor-General may, from time to time, cause
suitable provisions to be made for the safe keeping of all
the records, which, under the provisions of this Act, shall
be in the legal custody of the Chief Justice, and for the con-
venient transaction of the business of the record office.
Branch offices. 27. Every office and place in which public records,
which, by authority of law, are placed under the charge of
the Chief Justice, are deposited, shall be deemed, so long
as such records remain therein, to be a part of the Record
Office.
LAWS OF ANTIGUA AND BARBUDA
Registration and Records (CAP. 375 1 1
28. The public records, the records of the Supreme Public records,
records of Court, the Court of Vice Admiralty, the Incumbered Estates superior courts,
Court, the Court of Summary Jurisdiction, the Court of to be under
charge of Chief Escheat, and the Patent Office, all registered deeds and J ~ ~ ~ ; ~ ~ .
writings, and all registers which now are, or ought to be,
deposited in the Record Office or which now are, or ought
to be in the custody of the Officers of the Courts to which
they belong, in whatsoever office or place they may be
deposited at the time of the passing of this Act, shall be under
the charge and superintendence of the Chief Justice in the
name and on the behalf of Her Majesty. The persons now
having the care of any such record shall continue to have
the charge of them, subject to such orders as the Chief Justice
is herein empowered to give concerning the same.
29. The Governor-General may, from time to time, Other records
may be placed order that public records deposited in any particular place under charge of
or custody, other than hereinbefore mentioned, shall be Chief Justice.
thenceforth under the charge and superintendence of the
Chief Justice, and, thereupon, the provisions of this Act shall
apply in relation to such records, and their custody, in the
same way as if they had been placed under the charge and
superintendence of the Chief Justice by this Act.
30. The Chief Justice, with the approval of the Removal of
records.
Governor-General. shall have full Dower to make such orders
as he may think fit for cleaning, repairing, preserving and
arranging all the public records under his charge and
superintendence, and for making calendars, catalogues, and
indices to the same, and, for such purposes, to cause any
of the said records to be, from time to time, removed from
their present place of custody and deposited in such safe place
or places as he may order by warrant under his hand, directed
to the person then having the same under his care; and every
such warrant shall be kept among the public records in the
custodv of the Chief Tustice. and shall be a sufficient warrant
0
for the removal of such records as shall be specified therein,
to the place named in the warrant, and such removal of any
record by authority of the Chief Justice shall not in any
manner affect the legal authority of such record, but the place
where any such record shall be deposited and kept, from
time to time, under the authority of the Chief Justice shall
be taken to be, for the time, its legal place of deposit; and
every such record shall, after removal under this Act, and
LAW'S OF ANTIGUA AND BARBUDA
12 CAP. 375) Registration and Records
in its new place of deposit, be of the same legal validity,
and be received or rejected in evidence in all Courts and
proceedings in the same manner as if such record had
remajned in the custody in which it is at the time of the
passing of this Act.
Power to make
rules as to 3 1. (1) The Chief Justice, with the approval of the
disposal of Governor-General, and such further approval in the case of
valueless
documents.
certain documents as is hereinafter mentioned, may, if he
sees fit, from time to time make, and when made, revoke,
add to, and vary rules respecting the disposal by destruc-
tion, or otherwise, of documents which are deposited in, or
can be removed to, the Record Office, and which are not
of sufficient public value to justify their preservation in the
Record Office. Such rules shall, so far as they relate to
documents of any Court or Office mentioned in section 28,
be made with the further approval of the Judges, or the princi-
pal officers, of such Court or Office.
(2) Before the power of disposal given by this section
shall be exercised, the Chief Justice shall cause a schedule
to be prepared of the documents proposed to be disposed
of, containing a list of the documents, and such particulars
as to their character and contents as may be calculated to
enable Parliament to judge of the expediency of disposing
of such documents in the proposed manner; but where there
shall be several documents of the same class or description,
it shall be sufficient to classify them, as far as practicable,
according to their nature and contents, instead of specifying
each document separately; and the power of disposal given
by this section shall not be exercised in respect of any
documents, until the schedule relating to such documents,
before required, has been submitted to Parliament for a whole
session.
(3) No rule made in pursuance of this section shall
provide for the disposal of any document of older date than
the year 1750.
(4) Every rule made in pursuance of this section shall
be laid before Parliament, and, when the same has lain not
less than one session before Parliament it shall be lawful for
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. Registration and Records (CAP. 375 13
the Governor-General, by Order, to declare his approba-
tion of any rule from which he has not been prayed by an
address of Parliament to withhold his approbation.
(5) Every such rule, when approved by Order, shall
be deemed to have been within the power of this Act, and
duly made, and shall, while in force, have effect as if it were
enacted by Parliament.
32. The Registrar shall, if required by any person f ; ~ ~ d ~ ~ e e d s
authorized in that behalf, return any deed or writing received and ,,;t;ngs
into the Record Office for registration, after the same has after registration.
been registered, and shall obtain from such person a receipt
for the same, which receipt shall be entered in a book to
be kept for the purpose.
33. Any person shall be at liberty, at such times and Searches.
under such restrictions as shall be prescribed by rules, to
search and examine the public records, and the registers and
indices in the Office, and to take abstracts, or other short
notes, of any matters in the same, and to inspect, in the
presence of the Registrar or any of his clerks, any original
registered deeds or writings to which reference is obtained
in such search.
34. (1) The Registrar may allow copies to be made Z e i s . o f public
of any public records in the custody of the Chief Justice,
at the request and cost of any person desiring the same.
(2) Any copy so made shall be examined and certified
as a true copy by the Registrar, and shall be sealed with
the seal of the office.
Ice copies to 35. Every copy of a record in the custody of the Chief off
be evidence.
Justice, certified by a Registrar to be a true copy, and
purporting to be sealed with the seal of the Office, shall be
received in evidence in all Courts of Justice within Antigua
and Barbuda, without further or other proof thereof, in every
case in which the original record would have been received
as evidence.
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14 CAP. 375) Registration and Records
Records not to
be removed from
36. No public record, and no original registered deed
the Record or writing, shall be taken out of the Record Office, unless
Office. under an order of a competent Court, except under the pro-
visoqs of section 32.
PART VI
Chief Justice
may make rules.
37. The Chief Justice may, with the approval of the
Governor-General, make rules in relation to the following
matters-
(a) The management of the Record Office;
( b ) The duties to be performed by the Registrar
and Clerks;
(6) The cleaning, arranging, repairing, and pre-
serving the records under his charge;
(d) The registration and enrolment of deeds and
writings, and the making of entries;
(e) The making and keeping of registers and
indices;
V) The admission of the public to the use of the
records, calendars, catalogues and indices in the Record
Office; and
(g) The conduct of searches, and the making and
certifying of copies and extracts in the Record Office.
Publication of
rules. 38. Copies of all rules made under the provisions of
section 37 shall be kept in a conspicuous place in the Record
Office, and shall be published in the Gazette, and shall be
laid before Parliament at its first session after the making
of such rules.
PART VII
Action for
negligence
39. If at any time damage shall occur to any person
against ~ ~ ~ i ~ ~ ~ ~ ~ . through any default or negligence of the Registrar in his ofice
as such, such damage may be recovered by an action at law,
and, in such action, the measure of damages shall be the
LAWS OF ANTIGUA AND BARBUDA
Registration and Records (CAP. 375 15
amount of actual loss by the plaintiff, together with all costs
and expenses necessarily to be incurred in remedying the
same.
P A R T VIII
FEES
40. The fees hereafter to be charged in the Record Fees.
Office shall be in accordance with the docket in the Schedule.
SCHEDULE
1. For entering registering and recording any will,
Per page
2. For entering, registering and recording any deed
or writing, of whatever kind (wills excepted),
presented for registration under section 18, per page
3. For an office copy, or extract from, any registered
deeds and writings, per page
4. For every certificate
5. For office seal on any document
6. For any search whatsoever
7. For acknowledgement of a signature to any docu-
ment, or for signing a document, before a
Registrar, if at his office
8. If out of his office (beside hire of conveyance)
9. For swearing an affidavit before a Judge
10. For a Judge's Order
