1703.] Anno fecundo & tertio ANNE. C. 4. ber of their electors, which fhall be deliberately caft up by the faid fcrutators, and the fame shall be read over in the hearing, and fixt up in the view, of the electors then prefent; and the perfon upon whom the majority shall fall, fhall be declared regifter. 17 IV. And be it enacted by the authority aforefaid, That the Time of elect election of a perfon to be the firft regifter, fhall be made at the ing the first next general quarter feffions of the peace to be holden for the register. faid Weft riding, after the feaft of Eafter, in the faid year of our Lord one thousand seven hundred and four, in open court, on the fecond day of the faid feffions, between the hours of nine in the morning, and three in the afternoon. fter a new one V. And be it enacted by the authority aforesaid, That when Upon death, and as often as the faid office fhall become vacant by the death, &c. of regiforfeiture, or furrender of any fuch regifter, the juftices of the to be chofen. peace for the faid Weft riding, affembled at the general quarter feffions of the peace, next after fuch vacancy shall happen, or the major part of them, fhall in open court declare the faid vacancy, and by order of the fame feffions fhall appoint and prefix a certain day and time, within the space of one calendar month, and above three weeks enfuing the end of fuch general quarter feffions, for the electors to affemble at Wakefield aforefaid, to choose a fit and able person, in the manner aforefaid, to supply the said vacancy: and to the intent that all perfons qualified to be electors, may have due notice of fuch vacancy, and time of election of a fucceeding regifter, the clerk of the peace for the time being for the faid Weft riding fhall forthwith cause copies of fuch order, for the prefixing the time of fuch election, to be delivered to the refpective chief conftables of the feveral wapentakes within the faid Weft riding, who fhall and are hereby required to publish the fame in full market in every market town within their feveral wapentakes, on the next market day after the receipt thereof, and to affix the fame in the most publick place of refort there. VI. And be it enacted by the authority aforefaid, That upon During the cutors of regithe death of any fuch regifter, and until another election of a vacancy, exe person to execute that office fhall be made in manner aforelaid, fter to appoint the executors and adminiftrators of the regifter deceased, toge- a perfon to exther with the fureties for the said regifter, or their executors and ecute the ofadminiftrators, fhall appoint a proper perfon to execute the of- fice. fice of register, for whofe demeanor in the execution of the faid office the fecurity given for fuch regifter deceafed fhall be anfwerable. VII. And be it further enacted by the authority aforefaid, How memoThat all and every memorials, fo to be entred or regiftred, fhall rials fhall be directed, &c, be put into writing, in vellum or parchment, and directed to the written and register of the faid office; and in cafe of deeds and conveyances, fhall be under the hand and feal of fome or one of the grantors, or fome or one of the grantees, his or their guardians or trustees, attefted by two witneffes, one whereof to be one of the witnesses to the execution of fuch deed or conveyance; VOL. XI. C which Deeds and Wills. which witness shall, upon his oath before the faid register, or conveyances. his deputy, prove the figning and fealing of the said memorial, and the execution of the deed or conveyance mentioned in such memorial; and in cafe of wills, the memorials shall be under the hand and feal of fome or one of the devifees, his or their guardians or trustees, attefted by two witneffes, one whereof hall, upon his oath before the faid register or his deputy, prove the figning and fealing of fuch memorial; which respective oaths the faid register or his deputy is hereby impowered to ad What every ficate on every minister. VIII. And be it further enacted by the authority aforesaid, memorial of That every memorial of any deed, conveyance, or will, fhall any deed, con- contain the day of the month, and the year when fuch deed, veyance, or will hall con- conveyance, or will bears date, and the names and additions of tain. all the parties to fuch deed or conveyance, and of the devifor, or teftatrix of fuch will, and of all the witnesses to fuch deed, conveyance, or will, and the places of their abode, and fhall exprefs or mention the honors, manors, lands, tenements, and hereditaments, contained in fuch deed, conveyance, or will, and the names of all the parishes, townships, hamlets, precincts, or extraparochial places, within the said Weft riding, where any fuch honors, manors, lands, tenements, or hereditaments are lying or being, that are given, granted, conveyed, devised, or any way affected or charged by any fuch deed, conveyance, or will, in fuch manner as the fame are expressed or mentioned in fuch deed, conveyance, or will, or to the fame Register to in- effect; and that every fuch deed, conveyance, and will, or prodorle a certi- bate of the fame, of which fuch memorial is fo to be registred, fuch deed, &c. as aforefaid, fhall be produced to the faid register or his deputy, at the time of entring fuch memorial, who fhall indorse a certificate on every fuch deed, conveyance, and will, or probate thereof, and therein mention the certain day, hour, and time on which fuch memorial is fo entred and regiftred, expreffing Memorials to alfo in what book, page, and number the fame is entred, and that the faid register, or his deputy, thall fign the faid certificate when fo indorfed; which certificates fhall be taken and allowed as evidence of fuch refpective registries in all courts of record whatsoever; and that every page of such register books, and every memorial that fhall be entred therein, fhall be numbred, and the day of the month, and the year, and hour, or time of the day, when every memorial is regiftred, fhall be entred in the margins of the faid register books, and of the faid memorial; and that every such register shall keep an alphabetical calendar of all parishes, extraparochial places, and townships within the faid Weft riding, with reference to the number of every memorial that concerns the honors, manors, lands, tenements, or hereditaments, in every such parish, extraparochial place, or township refpectively, and of the names of the parties mentioned in fuch memorial; and that fuch register fhall duly file every fuch memorial in order of time, as the same shall be brought to the faid office, and enter or register the faid memo be numbred. Register to keep an alphabetical calen dar. Memorials to be filed and entred in or der. rials in the fame order that they fhall respectively come to his hand. IX. And be it further enacted, That every fuch regifter, before he enter upon the execution of the faid office, shall be fworn before the juftices of the peace for the faid riding, or any three or more of them that shall be present at his election (who are hereby impowered and required to adminifter fuch oath) in these words: You shall truly and faithfully perform and execute the office and Register's So help you GOD. X. And that when and as often as the faid regifter fhall ap- Register's de point any deputy to execute the faid office, fuch deputy fhall, puty to take before he enter upon the execution thereof, take the faid oath the said oath. appointed to be taken by the register, before two or more juftices of the peace for the faid riding, who are hereby impowered and required to adminifter fuch oath; and that every regifter, Register to at the time of his being fworn into the faid office, thall alfo give 2,000l. enter into a recognizance with two or more fufficient fureties, fecurity. to be approved of by five or more of the juftices of the peace of the faid riding that were prefent at his faid election, by writing under their hands and feals, to be registred at the next general quarter feffions of the peace for the faid riding, of the penalty of two thousand pounds unto her Majesty, her heirs and fucceffors, to be taken by the fame juftices of the peace that approved of his fecurity, conditioned for his true and faithful performance of his duty in the execution of his faid office: The fame to be transmitted by the fame justices of the peace, within one month next after the date thereof, into the office of her Majesty's remembrancer of the Exchequer, there to remain amongst the records of the faid court. XI. Provided nevertheless, and be it further enacted by the If no misbeauthority aforefaid, That when any register fhall die, or fur-haviour appear in 3 years afrender his office, and that within the space of three years, from ter death, &c. and after fuch death or furrender, no mifbehaviour appear to of regifter, have been committed by fuch register, in the execution of his fuch recognifaid office, then and in such cafe, at the end of the faid three zance to be years after his death or furrender, the faid recognizance, fo entred into by him, fhall become void and of no effect, to all intents and purposes whatsoever. void. XII. And be it further enacted by the authority aforefaid, Times of atThat every fuch regifter, or his fufficient deputy, fhall give due tendance in attendance at his office every day in the week (except Sundays C 2 the office. and 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 dispatch of all business belonging to the faid office; and that every fuch register or his deputy, as often as required, shall 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 aforesaid, That every fuch register shall 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 fuch memorial shall 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- first 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 regifter, &c. Treble damages. execute the . 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 shall forfeit his faid office, and pay treble damages with full costs of fuit to every such person or persons as fhall be injured 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, or wager of law fhall be allowed, nor any more than one imparlance. 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 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 adminifter the fame oath) and that if fuch perfon, fo nominated, fhall be lawfully convicted of any neglect, mifdemeanor, or fraudulent practice in the execution of the faid office, during fuch vacancy, he shall be liable to pay treble damages, with full costs of fuit, to every person that shall 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 leafes 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 ing the con 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 regiftring the fame. made in Lon ftred on affi 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 register or his deputy, in cafe an may be regiaffidavit fworn before any one of the judges at Westminster, or davit. a master in Chancery, be brought with the faid memorial to the faid register or his deputy, wherein one of the witnesses to the execution of fuch deeds and conveyances shall swear 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 swear he or she faw fuch memorial figned and fealed as abovefaid; and the fame fhall be a fufficient authority to the faid register, or his deputy, to give the party that brings fuch memorial and affidavit, a certificate of the registring such memorial; which certificate, figned by the faid regifter 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 thereupon. thing in this act to the contrary thereof contained in any wife notwithstanding. 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 false 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 |