Allowances for entring memorials,

and holidays) between the hours of nine and twelve in the forenoon, and the hours of two and five in the afternoon, for the difpatch of all bufinefs belonging to the faid office; and that every fuch regifter or his deputy, as often as required, thall make fearches concerning all memorials that are registred, as aforefaid, and give certificates concerning the fame under his hand, if required by any person.

XIII. And be it further enacted by the authority aforefaid, That every fuch register fhall be allowed for the entry of every fuch memorial, as is by this act directed, the fum of one fhilling, and no more, in cafe the fame do not exceed two hundred words; but if such memorial fhall exceed two hundred words, then after the rate and proportion of fix pence an hundred, for all the words contained in fuch memorial, over and above the and for certi- firft two hundred words: and the like fees for the like number ficates. of words, contained in every certificate or copy given out of the faid office, and no more, and for every fearch in the said office one fhilling, and no more.

Penalty on register, &c.

Treble damages.

XIV. And be it further enacted by the authority aforesaid, That if any fuch regifter or his deputy fhall neglect to perform his or their duty in the execution of the faid office, according to the rules and directions in this act mentioned, or commit, or fuffer to be committed, any undue or fraudulent practice in the execution of the faid office, and be thereof lawfully convicted, that then fuch register all forfeit his faid office, and pay treble damages with full cofts of fuit to every fuch perfon or perfons as fhall be injured thereby, to be recovered by action of debt, bill, plaint, or information, in any of her Majefty's courts of record at Westminster, wherein no effoin, protection, privilege, or wager of law thall be allowed, nor any more than one impar

lance.

Perfon nomi- XV. And be it further enacted, That the perfon to be nonated on death minated, as aforefaid, upon the death of any register, to exeof register to cute the faid office, during the time the fame thall be vacant, as execute the office (while aforefaid, fhall, before he enter upon the execution thereof, vacant) to take the oath herein before appointed to be taken by fuch regitake the fame fter, and his deputy, before two or more juftices of the peace oath as regi- for the faid riding (who are hereby impowered to administer the fame oath) and that if fuch perfon, fo nominated, shall be lawfully convicted of any neglect, mifdemeanor, or fraudulent practice in the execution of the faid office, during fuch vacancy, he fhall be liable to pay treble damages, with full costs of fuit, to every person that thall be injured thereby, to be recovered as aforefaid.

fter.

Treble damages.

A&t not to ex

hold or leafehold eftates.

XVI. Provided alfo, and be it further enacted, That this tend to copy- act fhall not extend to any copyhold eftates, or to any leases at a rack rent, or to any leafe not exceeding one and twenty years, where the actual poffeffion and occupation goeth along with the leafe; any thing in this act contained to the contrary thereof in any wife notwithstanding.

XVII. Pro

&c. to be but once named

XVII. Provided always, and be it further enacted, That Manors, lands, where there are more writings than one, for making and perfecting any conveyance or fecurity, which do name, mention, in the memoor any ways affect or concern the fame honours, manors, lands, rial, &c. where tenements, or hereditaments, it fhall be a fufficient memorial, there are more and register thereof if all the faid honours, manors, lands, te- writings than nements, and hereditaments, and the parishes, townships, ham- one for maklets, or extraparochial places, where the fame lie, be only once veyance, &c. named or mentioned in the memorial, regifter, and certificate of any one of the deeds or writings, made for the perfecting of fuch conveyance or fecurity; and that the dates of the rest of the faid deeds or writings, relating to the faid conveyance or fecurity, with the names and additions of the parties and witneffes, and the places of their abodes, be only fet down in the memorials, regifters, and certificates of the fame, with a reference to the deed or writing whereof the memorial is fo regiftred, that contains or expreffes the parcels mentioned in all the faid deeds, and directions how to find the registring the fame.

made in Lon

XVIII. And be it further enacted by the authority aforefaid, Amemorial of That a memorial of fuch deeds, conveyances, and wills, as deeds, &c. fhall be made and executed or published in London, or in any don, &c. which other place not within forty miles of the faid Weft riding, which concern any do or may concern or affect any honours, manors, lands, tene- lands in the ments, or hereditaments in the faid Weft riding, fhall be en- weft riding. tred or registred by the aforefaid regifter or his deputy, in cafe an ftred on affiaffidavit fworn before any one of the judges at Westminster, or davit. a mafter in Chancery, be brought with the faid memorial to the faid regifter or his deputy, wherein one of the witnesses to the execution of fuch deeds and conveyances fhall fwear he or she faw the fame executed, and the memorial figned and fealed as abovesaid, or wherein one of the witneffes to the memorial of any will shall fwear he or she saw such memorial figned and fealed as abovefaid; and the same shall be a fufficient authority to the said register, or his deputy, to give the party that brings fuch memorial and affidavit, a certificate of the registring fuch memorial; which certificate, figned by the faid register or his Register to deputy, fhall be taken and allowed as evidence of the registries give certificate of the fame memorials in all courts of record whatsoever; any thing in this act to the contrary thereof contained in any wife notwithstanding.

thereupon.

memorials or

XIX. And be it further enacted by the authority aforefaid, Penalty on That if any perfon or persons shall at any time forge or counter- forging or feit any fuch memorial or certificate as are herein before menti- counterfeiting oned and directed, and be thereof lawfully convicted, fuch per-certificates. fon or perfons fhall incur and be liable to fuch pains and penalties as in and by an act of parliament made in the fifth year of

the reign of Queen Elizabeth, intituled, An act against forgers of 5 Eliz. c. 14. falfe deeds and writings, are impofed upon perfons for forging or publishing of faife deeds, charters, or writings fealed, court rolls, or wills, whereby the freehold or inheritance of any perfon or perfons of, in, or to any lands, tenements, or

-C 3

heredita

Penalty on perfon forTwearing him

felf.

Memorials of wills entred

hereditaments, fhall or may be molested, troubled, or charged; and that if any perfon or perfons fhall at any time forfwear himself before the faid register, or his deputy, or before any judge or mafter in Chancery, in any of the cafes aforefaid, and be thereof lawfully convicted, fuch perfon or perfons fhall incur and be liable to the fame penalties, as if the fame oath had been made in any of the courts of record at Westminster.

XX. Provided always, and it is hereby enacted, That all in 6 months memorials of wills that shall be registred in manner as aforefaid, after death of within the space of fix months after the death of every respectdevifor, dying ive devifor or teftatrix, dying within the kingdom of England, in England, dominion of Wales, and town of Berwick upon Tweed, or with&c. or in 3 in the space of three years after the death of every respective devifor or teftatrix, dying upon or in any parts beyond the feas, fhall be as valid and effectual against fubfequent purchasers, as if the fame had been regiftred immediately after the death of fuch respective devifor or teftatrix; any thing herein contained to the contrary thereof in any wife notwithstanding.

years after

death of devifor dying beyond fea, to

De valid.

Provifo in cafe

tested.

XXI. Provided always, that in cafe the devifee, or person or of wills con- perfons interested in the honours, manors, lands, tenements, or hereditaments, devised by any fuch will, as aforefaid, by reafon of the contefting fuch will, or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be difabled to exhibit a memorial for the registry thereof, within the respective times herein before limited, then and in such case the registry of the memorial, within the space of fix months next after his, her, or their attainment of fuch will, or a probate thereof, or removal of the impediment, whereby he, she, or they are difabled or hindred to exhibit fuch memorial, fhall be a fufficient registry within the meaning of this act; any thing herein contained to the contrary thereof in any wife notwithstanding,

be chofen re

No member of XXII. And be it further enacted by the authority aforefaid, parliament to That no member of parliament, for the time being, fhall be gifter; or re- capable of being chofen register, or of executing, by himself gifter to be or any other perfon, the faid office, or have, take, or receive chofen a mem- any fee or other profit whatsoever, for or in respect thereof; ber of parlia- nor fhall any regifter, or his deputy, for the time being, be capable of being chosen a member to ferve in parliament.

ment.

Publick act.

XXIII. And be it further enacted, That this act shall be taken and allowed in all courts within this kingdom as a publick act; and all judges and juftices are hereby required as fuch to take notice thereof, without special pleading the fame.

CAP.

CAP. V.

An act to repeal a provifo in an all of the fourth year of the reign of King William and Queen Mary, which prevents the citizens of the city of York from difpofing of their perfonal eftates by their wills, as others inhabiting within the province of York by that at may do.

WHEREAS

HEREAS by an aƐt made and passed in the fourth year of the 4 W. & M. reign of their late majefties King William and Queen Mary, c. 2. intituled, An act that the inhabitants of the province of York may difpofe of their personal estates by their wills, notwithstanding the cuftom of that province: in which act there is a provifo, that nothing in the faid act contained should extend or be conflrued to extend to the citizens of the cities of York and Chefter, who were or should be freemen of the faid refpective cities, inhabiting therein, or within the fuburbs thereof, at the time of their death: but that every fuch citiZen's widow and children should and might have and enjoy fuch reaJonable part and proportion of the teftator's perfonal eftate, as he or they might or ought to have had by the custom of the province of York, before the making of the faid act: and whereas notwithstanding the mayor and commonalty, on behalf of the inhabitants of the faid city of York, have humbly defired that the faid provifo may be repealed, Jo that the freemen of the faid city may have the benefit of the faid act of parliament, as well as all other perfons inhabiting within the faid province; be it therefore enacted by the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons in parliament affembled, and by the authority of the fame, That from and after the fix and twentieth day of March, in the year of our Lord one thousand feven hundred and four, the faid provifo, fo far as the fame concerns the citizens of the city of York, fhall be repealed and is hereby repealed and made null and void, so that from thenceforth it thall and may be lawful for all and every the citizens of the faid city of York, who are or shall be freemen of the faid Freemen of York may difcity, inhabiting therein, or within the fuburbs thereof, at the pofe of their time of their death, by their laft wills and teftaments, to give, perfonal efbequeath, and difpofe of their goods, chattles, debts, and other tates by will. perfonal estates, to their executor or executors, or to fuch other perfon or perfons as the faid teftator or teftators fhall think fit, as any other perfon or persons inhabiting or refiding within the faid province of York may lawfully do by virtue of the faid act: Widows or and that from and after the faid fix and twentieth day of children barMarch, the widows, children, and other kindred of such tefta- red from tor or teftators, fhall be barred to claim or demand any part of claim, otherwife than by the goods, chattles, or other personal estate of the teftator or teftator's will teftators, in any other manner, than as by the faid laft wills and teftaments is limited and appointed; any thing in the faid act, or any other law, ftatute, or ufage to the contrary in any wife notwithstanding.

II. Provided, and be it enacted, That this act shall be taken Publick act. and allowed in all courts within this kingdom as a publick act;

C 4

and

Parish boys may be put

out appren

tices to the

fea fervice,

and all judges and juftices are required as fuch to take notice thereof without fpecial pleading the fame.

CAP. VI.

An act for the increase of feamen, and better encouragement of navigation, and fecurity of the coal trade.

HEREAS the giving due encouragement to fuch of the youth

of this kingdom, as fball voluntarily betake themselves to the fea fervice, and practice of navigation, and obliging others, who, by reafon of their own or their parents poverty, are deftitute of employ ment, or any lawful means whereby to maintain themselves, may greatly tend to the increafe of able and experienced mariners and feamen, for the fervice of her Majefty's royal navy, and for the carrying on the trade and commerce of this kingdom; be it the efore enacted by the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the five and twentieth day of March, in the year of our Lord one thousand seven hundred and four, it shall and may be lawful to and for two or more justices of the peace, in their feveral and respective counties, ridings, or divifions, as alfo to and for all mayors, aldermen, bailiffs, and other chief officers and magiftrates of any city, borough, or town corporate, within her Majesty's kingdom of England, dominion of Wales, and town of Berwick upon Tweed, and likewife to and for the churchwardens and overfeers of the poor (for the time being) of the several and respective parishes within the places aforefaid, by and with the consent and approbation of fuch juftices of the peace, mayors, aldermen, bailiffs, or other the chief officers or magiftrates aforefaid, to bind and put out any boy or boys, who is, are, or fhall be of the age of ten years, or upwards, or who is, are, or fhall be chargeable, or whose parents are or shall become chargeable to the respective parish or parishes wherein they inhabit, or who fhall beg for alms, to be apprentice and apprentices to the fea fervice, to any of her Majesty's fubjects, being masters or owners of any ship or veffel used in fea fervice, and belonging to any port or ports within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed aforefaid, for fo long time, and until fuch boys fhall refpectively attain or come to the age of one and twenty years; and fuch binding out any fuch apprentice shall be as effectual in the law, to all intents and purposes, as if fuch boy were of full age, and by indenture had bound himself an Boys age to be apprentice and to the end that the time of the continuance inferted in his of the fervice of fuch apprentice or apprentices may the more indenture, &c. plainly and certainly appear, the age of every fuch boy, fo to

to mafters of fhips, &c.

be bound apprentice, fhall be mentioned and inserted in his indentures, being taken truly from a copy of the entry in the regifter book, wherein the time of his being baptized is or fhall be entred (where the fame can or may be had) which copy shall be given and attested by the minifter, vicar, or curate of such