Treble damages. to the intent of this act, or shall not keep books and registers, and make entries, and do and perform all other things, which by this act they are required to perform, every fuch officer fhall forfeit his office, and be for the future incapable of any office or place of truft whatsoever, and shall answer and pay treble damages with cofts of fuit to every contributor or perfon who fhall be prejudiced thereby, to be recovered by action of debt, bill, plaint, or information, in any of her Majesty's courts of record at Westminster, wherein no effoin, protection, privilege of parliament, or other privilege, wager of law, injunction, or order of reftraint, or more than one imparlance, fhall be granted or allowed; and in the faid action the plaintiff upon recovery fhall have his full costs; one third part of which fum, fo to be recovered for damages, have full costs. shall be to the ufe of her Majefty, her heirs and fucceffors; and the other two third parts, with the cofts, fhall be to the In cafe of faint use of the profecutor: and in cafe there fhall be any collufion prosecution, or faint profecution between the plaintiff and defendant in such contributor action, it shall be lawful for any other contributor, his or may bring an- her executors, adminiftrators, or affigns, to bring another action, wherein he fhall recover as aforefaid, to the uses aforefaid. Plaintiff on recovery to other action. Officermaking payment on fhall not incur Contributors death of nominees, XXVII. Provided always, and be it enacted, That in cafe any officer of the Exchequer fhall make any quarterly payment or payments upon fuch certificate as is before directed, fuch officer fhall not incur any penalty, forfeiture, or disability for doing thereof, although the faid certificate be forged or falfe, or the faid nominee be dead, unless the faid officer did know, at the time of fuch payment, that the faid nominee was dead, or that the faid certificate was forged or falfe. XXVIII. And be it further enacted, That every contributor to certify the for life or lives, as aforefaid, his or her executors, adminiftrators, or affigns, within one month after notice of the death of any his or their respective nominee or nominees, fhall certify fuch death to the auditor of the receipt of Exchequer for the time being, and within three months after notice of the determination of his, her, or their annuity or annuities, by the death or deaths of his, her, or their nominee or nominees, and deliver up shall deliver, or caufe to be delivered up, to the faid auditor, their tallies, his or their talley and order, by which he or they were or was &c. in months intitled, during the life of fuch nominee or nominees, to receive after decease. fuch annuity or annuities, in cafe fuch talley and order be in his or their hands or power, and in default thereof, fuch contributor, his or her executors, administrators, and affigns, fhall forfeit the fum of ten pounds, to be recovered by action of debt, as aforefaid, and to be had and received to the use of any person who shall fue for the same. Penalty. Monies approXXIX. And it is hereby enacted and declared, That fo priated for much of the monies arifing by the faid weekly payments payment of the out of the faid branches of excife, as fhall be fufficient, from annuities. time to time, to discharge the faid annuities from and after the the faid five and twentieth day of December, one thousand seven hundred and five, during the continuance of the faid annuities respectively, and fo much of the faid contributionmoney to be advanced on this act, as fhall be fufficient to discharge all the payments which shall or may grow due on the faid annuities, from the faid twenty fifth day of March, one thousand seven hundred and four, until and for the said twenty fifth day of December, one thoufand feven hundred and five inclufively, fhall be appropriated and applied, and are hereby appropriated to and for the payment of the faid annuities, according to the true meaning of this act, and fhall not be divertible or diverted to any other ufe, intent, or purpose whatfoever, under fuch penalties, forfeitures, and difabilities, as are before mentioned. XXX. Provided always, That no perfon or perfons whatso- One third part ever shall or may purchase or obtain, or be admitted to purchase of the purchase or obtain, any annuity upon this act, for any term, eftate, or money to be interest whatsoever, unless the whole, or one third part of the paid by 1 May confideration money for the fame, at fuch refpective rate, as aforefaid, be advanced and paid into the faid receipt of Exchequer, on or before the faid first day of May, in the year of our Lord one thousand seven hundred and four. 1704. two other XXXI. Provided alfo, That in cafe any fuch contributor, Contributors as aforefaid, who fhall on or before the said first day of May, not paying the one thousand seven hundred and four, have advanced one third parts within part only of his or her purchase money, his or her executors, the times liadministrators, or affigns, do not advance and pay into the re- mited, ceipt of Exchequer, one other third part of his or her confideration money, so to be paid for fuch respective annuity or annuities, as aforefaid, on or before the faid twenty fourth day of June, in the year of our Lord one thousand seven hundred and four; and the remaining third part thereof on or before the faid twenty ninth day of September, in the fame year of our Lord one thousand seven hundred and four; then, and in every fuch cafe respectively, no order fhall be drawn or figned for fuch respective annuity for which the confideration money shall not be fully paid, as aforefaid, but fo much of the confideration money as fhall have been actually paid into the Exchequer for fuch refpective annuity, fhall be forfeited and loft to her Maje- fuch monies,fo fty, her heirs and fucceffors, and be applied, together with paid in, to be other the monies to be raised by this act, for the purposes forfeited, &c. aforefaid; any thing in this act contained to the contrary notwithstanding. XXXII. Provided always, and it is hereby enacted, That it Allowances to fhall and may be lawful to and for the lord treasurer, or com- officers and miffioners of the treasury for the time being, put of any the clerks, &c. monies of the faid weekly payments, to reward the officers and clerks in the Exchequer to be employed in the payment of the faid annuities, or any of them, for their labour, pains, and service therein refpectively, in fuch proportions as to the lord treasurer, or commiffioners of the treasury for the time being, thall shall seem meet and reasonable in that behalf; any thing in this If fo many I as will raile 1,200,000l. &c. Queen, &c. much as will as fhall be fufficient (together with the feveral parts or proportions of the purchase money then remaining to be paid at or before fuch feveral days or times, as aforefaid) to raise the said whole fum of one million and two hundred thousand pounds, over and above the money neceffary to discharge fuch annuities as fhall be purchased, until the faid five and twentieth day of December, one thousand seven hundred and five inclufively, as aforefaid; then immediately from and after the faid first day of May, one thoufand feven hundred and four, it fhall and may be lawful to and for her Majefty, her heirs or fucceffors, or her or their officers in the receipt of Exchequer, by command or appointment of her Majesty, her heirs or fucceffors, to borrow and take into the faid receipt of Exchequer, of or from any perfon or persons, natives or foreigners, bodies politick or corporate (who have hereby power and authority to lend and advance the fame) for the fervice of carrying on the faid war, and other her neceffary occafions, any fum or fums of money, which, together with the whole amount of all the confideration or purchase monies, paid or to be paid, in ready money or by proportions, as aforefaid, for the faid annuities, fhall not exceed in the whole the said sum of one million and two hundred thousand pounds, befides fo much as fhall be neceffary to difcharge the purchased annuities, until and for the faid five and twentieth day of December, one thoufand feven hundred and five, as aforefaid; which loans fhall be regiftred and repaid in courfe, according to the dates of the tallies, and intereft shall be ! Intereft allow- allowed for the faid loans after the rate of fix pounds per centum per annum, and payable quarterly; and the principal and intereft of the faid loans fhall be charged upon, and payable out of, all the monies, which fhall arise by the faid weekly payments, over and above fo much as will be fufficient to fatisfy the faid annual payments, after the rate of three pounds per centum per annum, to the faid patentees, and thofe claiming under them, and over and above fo much as fhall be fufficient to fatisfy fo many annuities as fhall have been actually purchafed upon this act: and that tallies of loan fhall be levied for the monies fo lent, and orders thall be drawn and figned for repayment of the fame, with fuch intereft as aforefaid, according to the courfe of the Exchequer; and that fuch orders, or any part thereof, fhall be affignable,fuch affignments being firft entred in the office of the auditor of the faid receipt; and that no monies fo to be lent fhall be chargeable with any taxes, rates, or impofitions; Monies fo lent and all the monies arifing by the faid weekly payments out of not to be tax- the faid branches of excife (over and above fo much as will be fufficient to fatisfy the faid annual payments, after the rate of ed. Tallies and orders for repayment, &c. ed. three for repay ment, three pounds per centum per annum, and fo many annuities as Weekly payfhall have been actually purchased upon this act, as aforefaid) ments, &c. fhall be applied and appropriated, and the fame are hereby ap- appropriated propriated to and for the repayment of the faid loans in courfe, with fuch intereft as aforefaid, unto fuch person or perfons, natives or foreigners, bodies politick or corporate, who shall lend or advance the fame, as aforefaid, his, her, or their executors, administrators, fucceffors, or affigns refpectively, without any fee or charge whatsoever, and fhall not be diverted or be di- without fee. vertible to any other ufe or purpose whatsoever, under the like penalties and forfeitures as are by this act prescribed for diverting or mifapplying any of the money that ought to be applied to the payment of the faid annuities: and in cafe all the monies Monies not refo to be borrowed, with the interest thereof, fhall not be repaid paid by 25 by or before the five and twentieth day of December, one thou- Dec. 1706. fand seven hundred and fix, then the remainder thereof shall be how fatisfied. fatisfied out of the next aids to be granted by parliament, after the fame five and twentieth day of December, one thousand feven hundred and fix. CAP. IV. An act for the publick regiftring of all deeds, conveyances, and wills, that fhall be made of any bonors, manors, lands, tenements, or bereditaments, within the Weft Riding of the county of York, after the nine and twentieth day of September, one thousand seven hundred and four. WHE Annæ, c. 18. HEREAS the Weft riding of the county of York is the Farther proviprincipal place in the North for the cloth manufacture, and fons relating most of the traders therein are freeholders, and have frequent occafions hereto by 5 to borrow money upon their eftates for managing their faid trade, and 6 Anne, but for want of a register find it difficult to give fecurity to the c. 35. 1. 34. fatisfaction of the money lenders (although the fecurity they offer be really good) by means whereof the faid trade is very much obstructed, and many families ruined: for the remedying whereof may it please your moft excellent Majefty, at the humble request of the juftices of the peace, gentlemen, and freeholders of the faid Weft riding, that it may be enacted; and be it 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 present parliament affembled, and by the authority of the fame, That a memorial of all deeds and conveyances, which A memorial of from and after the nine and twentieth day of September, in the all deeds and year of our Lord one thousand seven hundred and four, thall be conveyances made and executed, and of all wills and devifes in writing made made after 29 Sept. 1704. and or to be made and published, where the devifor or teftator fhall of all wills, die after the faid nine and twentieth day of September, of or &c. made in concerning, and whereby any honors, manors, lands, tene- the Weft ridments, or hereditaments in the faid Weft riding, may ing of York. way affected in law or equity, may, at the election of the party or parties concerned, be regiftred in fuch manner as is herein may be re any fhire, after giftred. after directed; and that every deed or conveyance that fhall, at any time after any memorial is so registred, be made and executed of the honors, manors, lands, tenements, or hereditaments, or any part thereof, comprized or contained in any fuch memorial, fhall be adjudged fraudulent and void against any fubfequent purchaser or mortgagee for valuable confideration, unless fuch memorial thereof fhall be regiftred as by this act is directed, before the registring of the memorial of the deed or conveyance under which fuch fubfequent purchafer or mortgagee fhall claim; and that every devife by will of the honors, manors, lands, tenements, or hereditaments, or any part thereof, mentioned or contained in any memorial fo registred, as aforefaid, that shall be made and publifhed after the registring of fuch memorial, fhall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable confideration, unless a memorial of fuch will be registred in fuch manner as is herein after directed. Register's ofII. And for fettling and establishing a certain method, with fice to be kept at Wakefield. proper rules and directions for regiftring fuch memorials, as aforefaid, be it further enacted by the authority aforefaid, That one publick office for regiftring fuch memorials of and concerning any honors, manors, lands, tenements and hereditaments, that are fituate, lying, and being within the faid Weft riding, fhall be established and kept at Wakefield, the nearest market town to the center or middle of the faid Weft riding, to be managed and executed by a fit and able perfon, to be from time to -time elected and appointed in manner herein after directed, or his fufficient deputy, and to continue in the faid office for fo long time as he shall well demean himself therein. Register to be elected by ballotting. Manner of Election. III. And be it enacted by the authority aforefaid, That all elections of a register to be made or appointed by virtue of this act, fhall be performed by ballotting in manner following (that is to fay) all the freeholders that at the time of any fuch election have an estate of freehold, of or in any lands, tenements, or hereditaments within the faid Weft riding, of the yearly value of one hundred pounds (to be determined by the oath of the elector, before the fcrutators herein after-mentioned, if any doubt arife touching the fame, which oath they are hereby impowered to administer) fhall be electors of the faid register; and that the juftices of the peace for the faid Weft riding, in that behalf affembled, or the major part of them, or any five of fuch juftices to be appointed by fuch major part, fhall be fcrutators of the ballot; who shall meet on the day and place of election, and there, in the presence of the electors, fhall place one or more glafs veffels to be provided for that purpose, into which each elector prefent fhall put one open paper, containing the name of such person as he approves of to be regifter: which papers fhall be taken out again in the prefence of the faid fcrutators, by a perfon by them in that behalf appointed; and the name or names of every person therein fhall be once transcribed in diftinct columns, and under each name shall be set down the num ber |