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. shall 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 perfon or perfons, natives or foreigners, bodies politick or corporate, who fhall 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 prefcribed 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 intereft thereof, fhall not be repaid paid by 15 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 thoufand feven hundred and fix.

CAP. IV.

An act for the publick regiftring of all deeds, conveyances, and wills, that fhall be made of any honors, manors, lands, tenements, or hereditaments, within the Weft Riding of the county of York, after the nine and twentieth day of September, one thousand seven hundred and four.

WH

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 moft 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 Anna, but for want of a register find it difficult to give fecurity to the c.35. f. 34. fatisfaction of the money lenders (although the fecurity they offer be really good) by means whereof the faid trade is very much obftructed, and many families ruined: for the remedying whereof may it please your most excellent Majefty, at the humble requeft 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 consent of the lords fpiritual and temporal, and commons, in this prefent 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 feven hundred and four, fhall be conveyances made after 29 made and executed, and of all wills and devifes in writing made 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 said Weft riding, may be any ing of Yorkway 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

thire,

after giltred.

after directed; and that every deed or conveyance that shall, at any time after any memorial is fo regiftred, 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 purchafer or mortgagee for valuable confideration, unless fuch memorial thereof fhall be registred as by this act is directed, before the regiftring 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 fhall be made and publifhed after the registring of fuch memorial, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable confideration, unless a memorial of fuch will be registred in such 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 registring 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 bal-
lotting.

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 adminifter) 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 fhall meet on the day and place of election, and there, in the prefence of the electors, fhall place one or more glafs veffels to be provided for that purpose, into which each eTector prefent fhall put one open paper, containing the name of such person as he approves of to be regifter: which papers shall 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 perfon therein fhall be once transcribed in diftinct columns, and under each name fhall be fet down the num

ber

ber 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 present; and the perfon upon whom the majority fhall fall, shall be declared regifter.

IV. And be it enacted by the authority aforefaid, That the Time of elect election of a person to be the first register, shall 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 said year of our Lord one thousand seven hundred and four, in open court, on the second day of the faid feffions, between the hours of nine in the morning, and three in the afternoon.

fter a new one to be chofen.

V. And be it enacted by the authority aforefaid, 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 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 aforesaid, to choose a fit and able perfon, in the manner aforesaid, to fupply the faid 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 register, 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 bę 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 the death of any fuch regifter, and until another election of a vacancy, exeperfon to execute that office shall be made in manner aforefaid, fter to appoint cutors of regithe executors and adminiftrators of the regifter deceased, toge- a perfon to exther with the fureties for the said register, or their executors and ecute the of adminiftrators, fhall appoint a proper perfon to execute the of- fice. fice of register, for whofe demeanor in the execution of the said office the fecurity given for fuch register deceased shall 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 be put into writing, in vellum or parchment, and directed to the written and directed, &c. regifter of the faid office; and in cafe of deeds and conveyan ces, 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 witneffes to the execution of fuch deed or conveyance; VOL. XI.

C

which

Deeds and

Wills.

which witness (hall, upon his oath before the faid register, or conveyances. his deputy, prove the figning and fealing of the faid memorial, and the execution of the deed or conveyance mentioned in fuch 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, attested by two witneffes, one whereof Thall, 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

memorial of any deed, conveyance, or

tain.

ficate on every

minifter.

VIII. And be it further enacted by the authority aforefaid, That every memorial of any deed, conveyance, or will, shall contain the day of the month, and the year when fuch deed, will fhall con- 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 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 faid 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 expreffed 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 prodorfe 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 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 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, fhall fign the faid certificate 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 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 fuch 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 fuch parish, extraparochial place, or township respectively, and of the names of the parties mentioned in fuch memorial; and that fuch register shall entred in or- duly file every fuch memorial in order of time, as the fame fhall be brought to the faid office, and enter or register the said memo

be numbred.

Register to

keep an alphabetical calen

dar.

Memorials to be filed and

der.

rials in the fame order that they fhall refpectively come to his hand.

IX. And be it further enacted, That every fuch register, before he enter upon the execution of the faid office, fhall be fworn before the juftices of the peace for the faid riding, or any three or more of them that shall be pref... at his election (who are hereby impowered and required to administer such oath) in these words:

YOU fall truly and faithfully perform and execute the office and Register's duty that is directed and required by act of parliament, in re- oath. giftring memorials of deeds, conveyances, and wills, within the Weft riding of the county of York, fo long as you fhall continue in the faid office; and that you have not given nor promifed, directly nor indirectly, nor authorized any perfon to give or promife any money, gratuity, or reward whatsoever, for procuring or obtaining the said of fice for you:

So help you GOD.

X. And that when and as often as the faid regifter fhall ap- Register's depoint 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 faid oath. appointed to be taken by the register, before two or more justices of the peace for the faid riding, who are hereby impowered

and required to adminifter fuch oath; and that every register, Regifter to at the time of his being fworn into the faid office, fhall 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 regiftred at the next general quarter feffions of the peace for the faid riding, of the penalty of two thousand pounds unto her Majefty, 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 juftices 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 mifbeauthority aforefaid, That when any regifter fhall die, or fur- haviour appear render his office, and that within the fpace of three years, from in 3 years af

ter death, &c.

and after fuch death or furrender, no misbehaviour appear to of register, have been committed by fuch regifter, in the execution of his fuch recognifaid office, then and in such case, at the end of the faid three zance to be years after his death or surrender, 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

and

the office.