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QUEEN v. DE ABREW


QUEEN v. DE ABREW.

QUEEN v. DE ABREW.

D. C. (Criminal), Galle, 12,610,

 

Duty of notary before attesting a deed-Search for registration of prior deed and noting such registration in the deed attested-Ordinances No. 2 of 1877 and No. 14 of 1891.

Unless a notary has personal knowledge of the state of title in regard to a land affected by a deed which he is about to attest, he should, before attesting it, search the register at the Land Registry, either personally or by agent, to ascertain whether any prior deed affecting such land has been registered.

A statement made to the notary by the grantor that there was no such deed is not sufficient,

THIS was a prosecution under sub-section (14) of section 26 of the Ordinance No. 2 of 1877 and section 24 of the Ordinance No. 14 of 1891 against the accused, who was a notary public, for failing to ascertain, before attesting deed No. 2,836, whether any prior deed affecting the land dealt with under deed No. 2,836 had been registered, and for failing to note the number of the registration volume and the page of the folio in which the previous deeds affecting the said land had been registered. The District Judge found

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