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586. c103034

aforefaid, be it further enacted by the authority aforefaid, That one publick office for registring fuch memorials of and concerning any honors, manors, lands, tenements, and hereditaments, that are fituate, lying, and being within the faid county, shall be erected and established in manner following; that is to fay, That for the better and more effectual putting in execution the several matters and things in this act contained, the fworn clerk to execute the office of inrolment in the high court of Chancery, who is 25 Geo. 2. c. 4. appointed to inrol for the county of Middlefex, the chief clerk to inrol pleas in the Queen's Bench, the clerk of the warrants in the court of Common Pleas, and the Queen's remembrancer, or his deputy in the court of Exchequer, fhall be the registers or mafters of the office for the matters and things in this act contained, and also shall and may, from time to time, nominate who may and appoint one or more able and fufficient perfon or perfons, make a defor whom they shall be accountable, to be their deputy or de- puty. puties; which faid regifters or their deputies fhall well and truly do and perform all and every the matters and things intended by this act to be done and performed, in fome conve- Office to be nient office or place to be provided by the faid clerks or re- kept in or near gisters in or near some of the inns of court or Chancery, where- the inns of to all perfons may have free refort at the times appointed by court or this act; and that the faid clerks or registers shall present fuch Chancery. Deputy to be deputy or deputies to the lord high chancellor, or lord keeper, approved of or lords commiffioners of the great feal of Great Britain, to the by the lord chief justice of the Queen's Bench, to the chief justice of the chancellor, Common Pleas, and to the chief baron of the court of Exchequer for the time being, to be by them, or any three of them, approved of, before fuch deputy or deputies fhall enter upon the execution of the faid office; and that fuch deputy or deputies and may be fhall and may be displaced and removed by the faid lord high difplaced in chancellor, or lord keeper, or lords commiffioners of the great like manner. feal, the chief juftices of the Queen's Bench and Common Pleas, and chief baron, or any three of them, by any writing under Lord chantheir hands and feals; and that the faid lord chancellor, or lord cellor. &c. keeper, or lords commiffioners of the great feal, the two chief ju- may make ftices, and chief baron, or any three of them, fhall, from time to rules for the management time, have full power and authority to make fuch rules and of the office, orders for the better management and government of the said office, agreeable to the form and true intention of this act, as they fhall find convenient and neceffary.

III. And be it further enacted, That every fuch register or Register to be mafter, before he enter upon the execution of the faid office, fworn. fhall be fworn before the lord chancellor, or lord keeper, or lords commiffioners of the great feal of Great Britain, or the chief justice of the Queen's Bench, chief juftice of the Common Pleas, and chief baron of the court of Exchequer, or any one of them (who are hereby impowered and required to administer fuch oath) in thefe words:

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His oath.

Regifter mifdemeaning himself, how punished.

Memorials to

ment, &c.

OU

You fall fwear, That you will truly and faithfully perform and
execute the office and duty that is directed and required by you to
be done by act of parliament, intituled, An act for the publick re-
giftring of deeds, conveyances, and wills, and other incum-
brances which fhall be made of, or that may affect any ho-
nors, manors, lands, tenements, or hereditaments, within
the county of Middlesex, after the twenty ninth day of Septem-
ber, one thousand feven hundred and nine; and that you have
not given or promised, directly or indirectly, nor authorized any per-
fon to give or promife any money, gratuity, or reward whatsoever, for
procuring or obtaining the faid office for you:
So help you GOD.

IV. And be it further enacted by the authority aforesaid, That if fuch perfon fo appointed register or mafter, shall be lawfully convicted of any neglect, mifdemeanor, or fraudulent practice in the execution of the faid office, he fhall be liable to pay treble damages, with full cofts of fuit, to every person that shall be injured thereby, to be recovered as is herein after directed.

V. And be it further enacted by the authority aforesaid, be in parch- That all and every memorials, fo to be entred and registred, shall be put into writing in vellum or parchment, and brought to 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 some or one of the grantees, his or their heirs, executors or adminiftrators, guardians or trustees, attested by two witneffes, one whereof to be one of the witneffes to the execution of fuch deed or conveyance; which witnefs fhall, upon his oath before one of the faid registers, or masters, or before a master in Chancery ordinary or extraordinary, prove the figning and fealing of fuch memorial; and the execution of the deed or conveyance menand how me- tioned in fuch memorial; and in cafe of wills, the memorial

Memorials of deeds, &c. how to be attested,

morials of

wills.

Memorials to contain the

day and year of the date,

&c.

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fhall be under the hand and feal of fome or one of the devifees, his or their heirs, executors or adminiftrators, guardians or trustees, attested by two witneffes, one whereof thall, upon his oath before the faid regifters or mafters, or before fuch mafter in Chancery, as aforefaid, prove the figning and fealing of fuch memorial; which refpective oaths the said regifters or mafters, and mafters in Chancery, are hereby impowered to administer, and shall indorse a certificate thereof on every fuch memorial, and fign the fame.

VI. And be it further enacted, That every memorial of any deed, conveyance, or will, fhall contain the day of the month 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 such will, and of all the witneffes 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, townhips, hamlets, precincts, or extraparochial places within the

duced to the

faid county 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 expreffed, or mentioned in fuch deed, conveyance, or will, or to the fame effect; and that every fuch deed, conveyance, and will, or Every such probat of the fame, of which fuch memorial is fo to be regiftred deed, &c. as aforefaid, fhall be produced to the faid regifters or mafters thall be proat the time of entring fuch memorial, who fhall endorse a registers, &c. certificate on every fuch deed, conveyance, and will, or probat who fhall inthereof, and therein mention the certain day, hour, and time dorse a certifion which fuch memorial is fo entred or regiftred, expreffing which fall be also in what book, page, and number the fame is entred; and allowed as that the faid registers or mafters fhall fign the faid certificate evidence, when so indorsed; 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 regifter books, and The page of every memorial that fhall be entred therein, fhall be numbred, the regifter books, and the and the day of the month, and the year, and hour, or time memorials enof the day when every the faid memorial is regiftred, fhall be tred, fhall be entred in the margents of regifter books, and in the mar-numbred. gents of the faid memorial; and that every fuch regifter or ma- Register to fter fhall keep an alphabetical calendar of all parithes, ex- bet of all pakeep an alphatraparochial places and townfhips within the faid county with rifhes, &c. and reference to the number of every memorial that concerns the duly file the honors, manors, lands, tenements, or hereditaments in every memorials in fuch parish, extraparochial place or townfhip refpectively, and order of time, of the names of the parishes mentioned in fuch memorials; and that fuch register or master fhall duly file every such memorial in order of time as the fame fhall be brought to the faid office, and enter or regifter the faid memorials in the fame. order that they shall respectively come to his hands.

VII. Provided always, and be it enacted, That where there If there be are more writings than one, for making and perfecting any more writconveyance or fecurity, which do name, mention, or any ways ings than one affect or concern the fame honors, manors, lands, tenements, the fame hewhich affect or hereditaments, it shall be a fufficient memorial and register reditaments, thereof, if all the faid honors, manors, lands, tenements, and &c. they need hereditaments, and the parishes, townships, hamlets, or extrapa- be named but rochial places wherein the fame lie, be only once named or men- once in the tioned in the memorial or regifter of any one of the deeds or the dates, &c. memorial, and writings made for the perfecting of fuch conveyance or fecurity; of the reft and that the dates of the reft of the faid deeds or writings only to be fet relating to the said conveyance or fecurity, with the names and down. additions of the parties, and witneffes, and the places of their abodes, be only fet down in the memorials and registers 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.

Memorials of

VIII. Provided alfo, and it is hereby enacted, That all me- wills to be morials of wills that shall be registred in manner, as aforesaid, registred in

teftator's

death, dying Britain, and 3 years if beyond fea.

within Great

6 months after 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 respective devifor or teftatrix, dying upon the fea, or in any parts beyond the feas, fhall be as valid and effectual against fubfequent purchasers, as if the fame had been registred immediately after the death of fuch respective devifor or teftatrix; any thing herein contained to the contrary thereof in any wife notwithstanding.

be fufficient.

IX. Provided always, That in cafe the devifee, or perfon or If the devisee be difabled, perfons interested in the honors, manors, lands, tenements, or the registry in hereditaments, devifed by any fuch will, as aforefaid, by reason 6 months after of the concealment or fuppreffion, or contefting fuch will, or the difability removed, fhall other inevitable difficulty, without his, her, or their wilful neglect or default, fhall be difabled to exhibit a memorial for the registry thereof within the respective times herein before limited, and that a memorial fhall be entred in the faid office of fuch conteft, or other impediment, within the space of two years after the death of fuch devifor or teftatrix, who fhall die within the kingdom of Great Britain, or within the space of four years next after the decease of such person who fhall die upon the fea, or beyond the feas, then, and in such case, the registry of the memorial of fuch will, within the space of fix months next after his, her, or their attainment of such will, or a probat thereof, or removal of the impediment whereby he, the, or they are difabled or hindred to exhibit fuch memorial, fhall be a fufficient regiftry within the meaning of this act; any thing herein contained to the contrary thereof in any wife notwithstanding.

Will conceal

ed, &c. if not
registred in
5 years after
the devifor's
death, fhall
not defeat a
purchase.
Fees of the
regifter.

Register to give due attendance,

X. Provided nevertheiefs, That in cafe of any concealment, or fuppreffion of any will, or devife, any purchaser or purchasers fhall not be disturbed, or defeated in his or their purchase, unlefs the will be actually regiftred within five years after the death of the devifor or teftatrix.

XI. And be it further enacted, That every fuch register or mafter 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 fuch memorial thall 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 first two hundred words, and the like fees for the like number of words contained in every certificate or copy given out of the said office, and no more, and for every fearch in the faid office, one fhilling, and no more.

XII. And be it further enacted by the authority aforesaid, That every fuch regifter or master fhall give due attendance at his office every day in the week (except Sundays and holy-days) 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 þusiness belonging to the faid office; and that every fuch re

gifter or mafter, as often as is required, fhall make fearches and make concerning all memorials that are registred, as aforefaid, and fearches when required. give certificates concerning the fame under his hand (if required by any perfon) teftified by two credible witnesses.

XIII. And be it further enacted by the authority aforefaid, Register, &c. That each of the faid registers or mafters, at the time of his to enter into a being fworn into the faid office, as aforefaid, shall enter into a recognizance for the faithful recognizance with two or more fufficient fureties (to be ap- performance proved of by the lord chancellor, or lord keeper, or lords com- of his office. miffioners of the great feal of Great Britain, or the chief justice of the Queen's Bench, chief justice of the Common Pleas, and chief baron of the court of Exchequer, or any one of them) of the penalty of two thousand pounds unto her Majefty, her heirs and fucceffors, to be taken by one of the faid chief juftices, conditioned for his true and faithful performance of his duty in the execution of his faid office, in all things directed and required by this act; the fame to be tranfmitted by fuch chief juftice 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.

how to be re

XIV. And be it further enacted, That the damages before- Forfeiture for mentioned, to be forfeited by any fuch regifter or mafter, for his neglect, any neglect, mifdemeanor, or fraudulent practice in the exe-covered. cution of his office, fhall 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 fhall be allowed, nor any more than one imparlance.

XV. And be it further enacted, That if any perfon or per- Perfons forg fons fhall at any time forge or counterfeit any entry of the ac- ing an entry knowledgement of any fuch memorial, certificate, or indorfe- of any memo rial, liable to ment, as is herein mentioned or directed, and be thereof law- the punishfully convicted, fuch person or persons shall incur and be liable ments in the to fuch pains and penalties as in and by an act made in the fifth act of 5 Eliz. year of Queen Elizabeth, intituled, An act against forgers of false C. 14. deeds and writings, are impofed upon perfons for forging and 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 hereditaments hall or may be molefted, troubled, or charged; and Perjury before that if any person or perfons fhall at any time forfwear himself a register, how before the faid regifters or mafters, or before any judge, or to be punished. mafter in Chancery, in any of the cafes herein mentioned, 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.

made to the

XVI. And be it further enacted by the authority aforefaid, Upon certifiThat in case of mortgages, whereof memorials fhall be entred cate and proof in the faid regifter office purfuant to this act, if at any time register, that afterwards a certificate fhall be brought to the faid regifters or money due on masters, figned by the mortgagee or mortgagees in fuch mort- a mortgage entred in the

gage

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