peace for the faid Eaft 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 fhall meet on the day and place of election, and there in the prefence of the electors, fhall place one or more glass veffels to be provided for that purpose, into which each elector present shall put one open paper, containing the name of fuch perfon as he approves of to be register; which papers fhall be taken out again in the presence of the scrutators, by a person by them in that behalf appointed; and the name or names of every perfon therein fhall be once tranfcribed in diftinct columns, and under each name shall be fet down the number of their electors, which fhall be deliberately caft up by the faid fcrutators, and the fame fhall be read over in the hearing, and fixt up in the view of the electors then prefent, and the perfon upon whom the majority fhall fall, fhall be declared regifter.

IV. And be it further enacted by the authority aforefaid, Time of That the election of a perfon to be the firft regifter fhall be election. made at Beverly aforefaid, upon the thirteenth day of July, in the faid year of our Lord one thoufand feven hundred and eight, in open court, between the hours of nine in the morning and three in the afternoon.

elected.

V. And be it further enacted by the authority aforefaid, On death of That when and as often as the faid office fhall become vacant register a new by the death, forfeiture, or furrender of any fuch regifter, the one to be justices of the peace for the faid East 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 shall 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 Beverly aforefaid, to choose a fit and able person in the manner aforefaid, to fupply the faid vacancy; and to the intent that all perfons qualified to be electors may have due notice of such vacancy and time of election of a fucceeding regifter, the clerk of the peace for the time being for the faid East 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 several wapentakes within the faid East Riding, who shall and are hereby required to publish the fame in full market in every market town within their respective 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 further enacted, That every fuch register, Who fhall be before he enter upon the execution of the faid office, fhall be fworn. fworn before the juftices of the peace for the faid riding, or any three or more of them that fhall be present at his election (who are hereby impowered and required to adminifter such oath) in these words:

Register's oath.

Regifter's deputy to take faid oath.

Executors of

deceased regifter to exe, cute office, until a new

OU fhall truly and faithfully perform and execute the office and duty that is directed and required by you to be done by alt of parliament, intituled, An act for the publick regiftring of all deeds, conveyances, wills, and other incumbrances that fhall be made of, or that may affect any honours, manors, lands, tenements, or hereditaments within the East Riding of the county of York, or the town and county of the town of King fien upon Hull, after the nine and twentieth day of September, one thoufand feven hundred and eight; and that you have not given or promifed directly or indirectly, nor authorized any person to give or promife any money, gratuity, or reward whatsoever, for procuring or obtaining the faid office for you. So help you GOD.

VII. And that when and as often as the said register shall appoint any deputy to execute the faid office, fuch deputy fhall, before he enter upon the execution thereof, take the said oath appointed to be taken by the faid register, before two or more of the juftices of the peace for the faid riding, who are hereby impowered and required to administer such oath.

VIII, And be it further enacted, That upon the death of any fuch regifter, and until another election of a fit perfon to execute that office fhall be made in manner aforefaid, the executors and administrators of the register deceased, together with one be elected. the fureties for the faid register, or their executors and adminiftrators, fhall appoint a proper person to execute the office of regifter, for whofe demeanor in the execution of the said office the fecurity given for fuch regifter deceased shall be answerable.

And take the

ed.

IX. And be it further enacted, That the perfon to be appath prefcrib- pointed, as aforefaid, upon the death of any register, to execute the faid office during the time the fame fhall be vacant, as aforefaid, fhall, before he enter upon the execution thereof, take the oath herein before appointed to be taken by fuch regifter and his deputy, before two or more justices of the peace for the faid riding (who are hereby impowered to adminifter the fame oath) and that if fuch perfon fo appointed fhall be lawfully convicted of any neglect, mifdemeanor or fraudulent practice in the execution of the faid office, during fuch vacancy, he thall be liable to pay treble damages with full cofts of fuit to every perfon that fhall be injured thereby, to be recovered as is herein after directed.

Penalty on neglect.

All memo

rials to be regiftred in velfum or parch

ment.

X. And be it further enacted by the authority aforefaid, That all and every memorials fo to be entred and registred, thall be put into writing in vellum or parchment, and brought to the faid office, and in cafe of deeds and conveyances, thall be under the hand and feal of fome or one of the grantors, or fome or one of the grantees, his or their heirs, executors, or adminiftrators, guardians, or trustees, attefted by two witneffes, one whereof to be one of the witnesses to the execution of such deed or conveyance; which witnefs fhall upon his oath, before the faid regifter, or his deputy, prove the figning and fealing of

fuch

fuch memorial, and the execution of the deed or conveyance mentioned in fuch memorial; and in cafe of wills, the memorial shall be under the hand and seal of some or one of the devifees, his or their heirs, executors, or adminiftrators, guardians, or trustees, attefted by two witneffes, one whereof shall upon his oath, before the faid regifter, or his deputy, prove the figning and fealing of fuch memorial, which refpective oaths the faid regifter, or his deputy, is hereby impowered to adminifter.

fhall contain.

a

XI. And be it further enacted, That every memorial of any What every deed, conveyance, or will, fhall contain the day of the month, memorial and the year when fuch deed, conveyance, or will bears date, and the names and additions of all the parties to fuch deed or conveyance, and of the devifor or teftatrix of fuch will, and of all the witneffes to fuch deed, conveyance or will, and the places of their abode, and shall express or mention the honors, manors, lands, tenements, and hereditaments contained in fuch deed, conveyance, or will, and the names of all the parishes, townfhips, hamlets, precincts, or extraparochial places within the faid eaft riding, and the faid town and county of the town of Kingston upon Hull, or either of them, 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 same are expreffed or mentioned in fuch deed, conveyance, and will, or to the fame effect; and that every fuch Register to indeed, conveyance, and will, or probate of the fame, of which dorfe on every fuch memorial is fo to be regiftred, as aforefaid, fhall be produ- a certificate, deed, will, &c, ced to the faid regifter, or his deputy, at the time of entring &c. fuch memorial, who fhall indorfe 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 so entred or regiftred, expreffing alfo in what book, page, and number, the fame is entred, and that the faid register, or his deputy, fhall fign the faid certificate when fo indorfed; which certificates fhall be taken and allowed as evidence of fuch respective registries in all courts of record whatsoever; and that every page of fuch register books, and every memorial that shall 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 margents of the faid regifter books, and of the faid memorial; and that every such regifter fhall keep an alphabetical calendar of all parishes, extraparochial places and townships, within the faid Eaft riding, and And keep an the faid town and county of the town of Kingston upon Hull, alphabetical with reference to the number of every memorial that concerns parishes, &c. 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 file every and that fuch register shall duly file every fuch memorial, in or- memorial in der of time, as the fame fhall be brought to the faid office, and order of time. enter or regifter the faid memorials, in the fame order that they thall respectively come to his hand.

calendar of

XII. And

Memorials,

London,or not within 40 miles of Eaft riding, may be entred on affidavit.

XII. And be it further enacted by the authority aforesaid, &c. made in That a memorial of fuch deeds, conveyances and wills as shall be made and executed, or published in London, or in any other place not within forty miles of the faid Eaft riding, which do or may concern or affect any honors, manors, lands, tenements, or hereditaments in the faid Eaft riding, or the faid town and county of the town of Kingston upon Hull, fhall be entred or regiftred by the aforefaid regifter or his deputy, in case an affidavit Iworn before one of the judges at Westminster, or a master in Chancery, ordinary or extraordinary, be brought with the faid memorial to the faid register, or his deputy, wherein one of the witneffes to the execution of fuch deeds and conveyances fhall fwear, he or she saw the fame executed, and the memorial figned and fealed, as aforefaid, or wherein one of the witnesses to the memorial of any will shall swear, he or she saw such memorial figned and fealed, as aforefaid; and the fame shall 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 regiftring fuch memorial; which certificate figned by the faid register or his deputy, fhall be taken and allowed as evidence of the registries of the fame memorials in all courts of record whatfoever; any thing in this act to the contrary thereof contained in any wife notwithstanding.

In cafe of more writings than one, which concern the fame lands,

&c.

XIII. Provided always, and be it enacted, That where there are more writings than one for making and perfecting any conveyance or fecurity, which do name, mention, or any ways affect or concern the fame honors manors, lands, tenements, or hereditaments, it fhall be a fufficient memorial and register Memorial fuf- thereof, if all the faid honors, manors, lands, tenements, and ficient, if hereditaments, and the parishes, townships, hamlets, or exlands, &c. are only once traparochial places, wherein the fame lie, be only once named named there- or mentioned in the memorial, register, and certificate of any one of the deeds or writings made for the perfecting of such conveyance or fecurity, and that the dates of the reft of the faid deeds or writings relating to the faid conveyance or security, with the names and additions of the parties and witneffes, and the places of their abodes, be only fet down in the memorials, registers, 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 same.

in.

Memorials of

wills registred

within fix

months after death of devifor, &c. va

lid.

XIV. Provided alfo, and it is hereby enacted, That all memorials of wills that fhall be regiftred in manner as aforesaid, within the space of fix months after the death of every respective devifor or teftatrix dying within the kingdom of Great Britain, or within the space of three years after the death of every refpective devifor or teftatrix dying upon or in any parts beyond the feas, fhall be as valid and effectual againft fubfequent purchafers, as if the fame had been registred immediately after the death of fuch refpective devifor or teftatrix; any thing herein contained to the contrary thereof in any wife notwithstanding.

XV. Pro

tested.

XV. Provided always, That in cafe the devifee, or perfon or Provifo in cafe persons interested in the honors, manors, lands, tenements, or of wills conhereditaments, devised by any fuch will, as aforefaid, by reason of the contesting fuch will, or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled to exhibit a memorial for the regiftry thereof, within the respectives times herein before limited, and that a memorial shall be entred in the faid office of fuch contest or other impediment, within the space of fix months after the decease of fuch devifor or teftatrix, who shall die within the kingdom of Great Britain, or within the space of three years next after 'the decease of such person who fhall die upon or beyond the feas, then and in fuch cafe the registry of the memorial of fuch will, 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.

XVI. And whereas by an act of parliament made in the twenty 27 H. 8.c. 16. Seventh year of the reign of King Henry the Eighth, intituled, For inrollments of bargains and fales, it is enacted, That no manors, lands, tenements, or other hereditaments, shall pass, alter, or change from one to another, whereby any estate of inheritance or freehold shall be made or take effect in any perfon or perfons, or any use thereof to be made, by reafon only of any bargain and fale thereof, except the faid bargain and fale be made by writing indented, Sealed, and enrolled in one of the King's courts of record at Westminster, or else within the fame county or counties where the fame manors, lands, tenements, or hereditaments fo bargained and fold, lye or be, before the Cuftos Rotulorum, and two justices of the peace, and the clerk of the peace of the faid county or counties, or two of them at the least, whereof the clerk of the peace to be one; which act hath been found by experience to be of little or no ufe within the faid Eaft riding, or the faid town and county of the town of Kingston upon Hull, for that the clerks of the peace thereof respectively for the time being, who have the keeping of the faid inrollments within the faid refpective places, are not by the Jaid act enjoyned to give any fecurity for the fafe keeping, nor under any penalty for the negligent keeping of the faid inrollments, nor is there by the faid act any certain place appointed for keeping thereof; and whereas by this prefent act a publick office is intended to be erected and established at Beverly aforefaid, at the publick charge of the faid Eaft riding, for regiftring and fafe keeping memorials of all deeds, conveyances, and wills, as aforefaid, and a publick register to be chofen, who, according to the directions herein after mentioned, is to give fufficient fecurity for the due execution of the faid office: for rendring 27 H. 8. c.16. therefore the faid act made in the twenty feventh year of the reign of King Henry the Eighth more effectual and beneficial to the inhabitants of the faid Eaft riding, and of the town and county of the town of Kingston upon Hull, be it further enacted by the authority aforefaid, That from and after the said nine and

twentieth