Page:Ruffhead - The Statutes at Large - vol 4.djvu/192

140 C. 4; Anno fecundo & tertio Ann^ Reginae. A. D.I 703. Allowances for cntring Memo- rials, and for Certifi- tites. Penalty on Re- gifter, &c. Tieblc Damages. r*erfon nomina- led on Death of XIII. And be it further enafted by the Authority aforefaid, That every fuch Regifter fhall be allowed for the Entry of every fuch Memorial, as is by this A61- diredled, the Sum of one Shilling, and no more, in caie the fame do not exceed two hundred Words ; but if fuch Memorial {hall excfeed two hun- dred Words, then after the Rate and Proportion of fix Pence an hundred, for all the Words contained in fuch Memorial, over and above the firft two hundred Words : And the like Fees for the lilce Number Number of Words, contained in every Certificate or Copy given out of the faid OfRce, and no more, and for every Search in the faid Office one Shilling, and no more. XIV. And be it further enaiSed by the Authority aforefaid. That if any fuch Regifter or his Deputy fhall negledl to perform his or their Duty in the Execution of the faid Office, according to the Rules and Directions in this Aft mentioned, or commit, or fuffer to be committed, any undue or fraudulent Praftice in the Execution of the faid Office, and be thereof lawfully convidled, that then fuch Regifter fhall forfeit his faid Office, and pay treble Damages with full Cofts of Suit to every fuch Perfon or Perfons as fhall be injured thereby, to be recovered by Aftion of Debt, Bill, Plaint, or Information, in any of her Majefty's Courts of Record at Wejhninjler wherein no Effoin, Proteftion, Privilege, or Wager of Law fhall be allowed, nor any more than one Imparlance. XV. And be it further enaiSbed, That the Perfon to be nominated, as aforefaid, upon the Death of any Regifter, to execute the faid Office, during the Time the fame fhall be vacant, as aforefaid, fliall, before cute'the Office' ^^ enter upon the Execution thereof, take the Oath herein before appointed to be taken by fuch Regifter, (while vacant) to and his Deputy, before two or more Jufiices of the Peace for the faid Riding (who are hereby impowered take the fame to adminifter the fame Oath) and that if fuch Perfon, fo nominated, fhall be lawfully convicted of any Oath as Regifler. Ncgleft, Mifdemeanor, or fraudulent Prafiice in the Execution of the faid Office, during fuch Vacancy, Treble Damages, he fnall be liable to pay treble Damages, with full Cofts of Suit, to every Perfon that fhall be injured thereby, to be recovered as aforefaid. Afl not to ex- XVI. Provided alfo, and be it further enaftcd. That this Aft fl:iall not extend to any Copyhold Eftates, "m?"/*^"'"^ or to any Leafes at a Rack Rent, or to any Leafe not exceeding one and twenty Years, where the ac- leifehold ^^^j pQfljffion and Occupation goeth along with the Leafe ; any thing in this Aft contained to the con- trary thereof in any wiie notwithftanding. XVII. Provided always, and be it further enafted. That where there are more writings than one, for making and perfefting any Conveyance or Security, which do name, mention, or any ways afFeft or con- cern the fame Honours, Manors, Lands, Tenements, or Hereditaments, it fhall be a fufficient Memorial and Regifter thereof, if all the faid Honours, Manors, Lands, Tenements, and Hereditaments, aiid the Parifhes, Townfhips, Hamlets, or extraparochial Places, where. the fame lie, be only once named or mentioned in the Memorial, Regifter and Certificate of any one of the Deeds or Writings, made for the perfefting of fuch Conveyance or Security ; 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 Witnefl'es, 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 Memori-al is fo regiftred, that contains or exprefles the Parcels mentioned in all the faid Deeds, and Direftions how to find the regiftring the fame. XVIII. And he it further enafted by the Authority aforefaid. That a Memorial of fuch Deeds, Con- Deeds, etc made veyances, and Wills, as fhall be made and executed or publifhed in London, or in any other Place not wh^ch"c°ri' c^*^' within forty Miles of the faid TVeJi Riding, which do or may concern or affeft any Honours, Manors, any Lands in the Eands, Tenements, or Hereditaments in the faid Weft Riding, fhall be entred or regiftred by the afore- Weft Riding may faid Regifter or his Deputy, in Cafe an Affidavit fworn before any one of the Judges at JVefamnfter, or be regiftred on a Mafter in Charicery, be brought with the faid Memorial to the faid Regifter or his Deputy, wherem one of the Witnefl'es to the Execution of fuch Deeds and Conveyances fliall fwear he or fhe faw the fame ex- ecuted, and the Memorial figned and fealed as above-faid, or wherein one of the WitnefTes to the Memo- rial of any Will fhall fwear he or fhe faw fuch Memorial figned and fealed as abovefaid ; and the fame fhall be a fufficient Authority to the faid Regifter, or his Deputy, to give the Party that brings fuch Memorial and A_fiidayit, a Certificate of the regiftring fuch Memorial ; which Certificate, figned by the faid Regifter or his Deputy, fliall be taken and allowed as Evidence of the Regiftries of the fame Memo- rials in all Courts of Record whatfoever; any thing in this Aft to the contrary thereof contained in any wife notwithftanding. [IX. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons fhall at tend or Li Eflrates. Manors, Lands, &:c. to be but once named in the Memorial, &-C. where there are more Wri- tings than one for making the Conveyance, &c A Memorial of Affidavit, Rezi{lcr to give Ccrtificaie there upon. Penalty on forg- ing or counter- . feiting Memori- als wrCeitificates. ' 5 Eliz. c. 14.' Penalty on Per- fon forfwearing hirofell'. Memorials of V^ills entred in 6 Months after any. Time forge or counterfeit any iucli Memorial or Certificate as are herein before-mentioned and di- refted, and be thereof lawfully convifted, fuch Perfon or Perfons fhall incur and be liable to fuch Paitis and Penalties as in and by an Aft of Parliament made in the fifth Year of the Reign of Queen Eliza- beth, intituled. An AP. againjt Forgers offalje Deeds and Writings, are impofed upon Perfons for forging or publifiiing of falfe Deeds, Charters, or Writings fealed. Court Rolls, or Wills, whereby the Freehold or Inheritance of any Perfon or Perfons of, i-n, or to any Lands, Tenements or Hereditaments, fhall or may be molefted, troubled, or charged ; and that if any Perfon or Perfons fhall at -any Timq^ forfwear himfelf before the faid Regifter, or his Deputy, or before any Judge or Mafter in Chancery, in any of the Cafes aforefaid, and be thereof lawfully convifted, fuch Perfon or Perfons fhall incur and be li- able to the fame Penalties, as if the fame Oath had been made in any of the Cou-rts of Record at Wejiminller . XX. Provided always, and it is hereby enafted. That all Memorials of Wills that fhall be regiftred m Manner as aforefaid, within the Space of fix Months after the Death of every refpeftive Devifor or Tefta- DcatU of Devifor, dying in England, &c, or in 3 Years after Death of Devifor dying beyond Sea to be vaiid^ trix.