Page:Ruffhead - The Statutes at Large - vol 4.djvu/190

Manner of Elec- lioo. 138 C. 4.. Anno fecundo & tertio Ann^ Reginae. A. D. 170;^^ jnay be regiftred, afFe£led in Law or Equity^, may, at the Eledion of the Party or Parties concerned, be reglftred in fuch Manner as is herein after dire<f^ed ; and that every Deed or Conveyance that {hall, at any Time after any Memorial is fo regiftred, be made and executed of the Honors, Manors, Lands, Tenements, or Heredi- taments, or any Part thereof, comprized or contained in any fuch Memorial, fliall be adjudged fraudulent and void againft any fubfequent Purchafer or Mortgagee for valuable Confideration, unlefs fuch Memorial thereof fhall be regiftred as by this Aft is direfted, before the regiftring of the Memorial of the Deed or Con- veyance under which fuch fubfequent Purchafer or Mortgagee fhall claim ; and that every Devife by Will of the Honors, Manors, Lands, Tenements, or H'ereditaments, or any Part thereof, mentioned or contained in any Memorial fo regiftred as aforefaid, that fhall be made and publiftied after the regiftring of fuch Me- morial, fhall be adjudged fraudulent and void againft any fubfequent Purchafer or Mortgagee for valuable Confideration, unlefs a Memorial of fuch Will be regiftred in fuch Manner as is herein after diredlcd. Regifter's Office IL And for fettling and eftablifhing a certain Method, with proper Rules and Diredlions for regiftring to be kept at fuch Memorials as aforefaid, be it further enafted by the Authority aforefaid, That one publick Office Wakefield. £^^ regiftring fuch Memorials of and concerning any Honors, Manors, Lands, Tenements, and Heredi- taments, that are fituate, lying, and being within the faid fFe/i Ridings fhall be eftablifhed and kept at Wakefield, the neareft Market Town to the Center or Middle of the faid JVeJi Riding, to be managed and executed by a fit and able Perfon, to be from Time to Time elefted and appointed in Manner herein after direfted, or his fufficient Deputy, and to continue in the faid Office for fo long Time as he iLall well demean himfelf therein. Regiftet tff be IIL And be it enaiSted by the Authority aforefaid. That all Eleftions of a Regifter to be made or ap- clefted by bal- pointed by Virtue of this AGt, fhall be performed by balloting in Manner following (that is to fay) Ail 1""'"°' f vur ^^ Freeholders that at the Time of any fuch Election have an Eftate of Freehold, of or in any Lands, Te- . ..„n„r r. rr. j^gj^gj^jj.^ Qj. Hereditaments within the laid Weft Riding, of the yearly Value of one hundred Pounds (to be determined by the Oath of the Eleftor, before the Scrutators herein after-mentioned, if any Doubt arife touching the fame, which Oath they are hereby impowered to adminifter) fliall be Eledfors of the laid. Regifter; and that the Juftices of the Peace for the iziA Weji 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 Scrutators of the Ballot; who fhall meet on the Day and Place of Election, and there, in the Prefence of the Eleftors,, fliall place one or more Glafs VefTels to be provided for that Purpofe, into which each Eledfor prefent fhall put one open Paper, containing the Name of fuch Perfon as he approves of to be Regifter : Which Papers ftiall he taken out again in the Prefence of the faid Scrutators, by a Perfon by them in that Behalf appointed ; and the Name or Names of every Perfon therein fhall be once tranfcribed in diftinft Columns,, and under each Name fhall be let down the Number of their Eleftors, which fhall be deliberately caft up- by the faid Scrutators, and the fame fhall be read over in the Hearing and fixt up in the View, of the E- leiSors then prefent ; and the Perfon upon whom the Majority fhall fall, fliall be declared Regifter. Time of eleaing IV And be it enafted by the Authority aforefaid, That the Election of a Perfon to be the firft Regi- tlie fiift Regifter. fter, fhall be made at the next General Quarter-SelTions. of the Peace to be holden for the faid JVeJl Ri- ding, after the Feaft of Eafter in the faid Year of our Lord one thoufand feven hundred and four, in opea Court, on the fecond Day of the faid Seffions, between the Hours of nine in the Morning,, and three ia the Afternoon. Upon Death ,s.-c. V. And be it enaded by the Authority aforefaid. That when and as often as the faid Office fhall be- ,of Refiftera new come vacant by the Death, Forfeiture, or Surrender of any fuch Regifter, the Juftices of the Peace for one to be chofen. t^g faid Weji Riding, affembled at the General Quarter- Seffions of the Peace, next after fuch Vacancy fhall happen, o." the major Part of them, fliall in open Court declare the faid Vacancy, and by order of the fame Seirions 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-Seffions, for the Ele6lors to affemble at JVakefield aforefaid, to choofe a fit and able Perfon, in the Manner aforefaid, to fupply the faid Vacancy : And to the Intent that all Perfons qualified to be Eleftors, may have due -NotLce of fuch Vacancy, and Time of Eleftion of a fucceeding Regifter, the Clerk of the Peace for the Time being for the faid fVeft Riding ftiall forthwith caufe Copies of fuch Order, for the prefixing the Time of fuch Elec- tion, to be delivered to the refpeftive Chief Conftables of the feveral Wapentakers within the faid IVcJi Riding, who fhall and are hereby required to publifti the fame in full Market in every Market Town within their feveral V/apentakes, on the next Market Day after the Receipt thereof, and to affix the fame in the moft publick Place of Refort there. DmingtheVa- VI. And be it enafted by the Authority aforefaid. That upon the Death of any fuch Regifter,. and un- oancy, Fxtciitors ^il another Election of a Perfon to execute that Office fliall be made in Manner aforefaid, the Executors of.Reg'.fter to .^^^ Adminiftrators of the Regifter disceafed, together with the Sureties for the faid Regifter, or their £x- toe°xecute^the ccutors and Adminiftrators, fhall appoint a proper Perfon to execute the Office of Regifter, for whofe Office. Dem.eanor in the Execution of the faid Office the Security given for fuch Regifter deceafed fhall be anfwerable. How Memorials VII. And be it further enafted by the Authority aforefaid. That all and every Memorials, fo to be en- fhall be written, (-rgj qj- regiftred, fliall be put isito Writing, in Vellum or Parchment, and direfted to the Regifter of the and dircaed, &c. ^,^jj Office ; and in cafe of Deeds and Conx'eyances, fhall be under the Hand and Seal of fome or one of the Grantors, or fome or one of the Grantees,- his or their Guardians or Truftees, attefted by two Wit- Deeds and Con- r.efTes, one whereof to be one of the Witnefles to the Execution of fuch Deed or Conveyance; which veyances. Witnefs fhall. Upon his Oath before the faid Regifter, or 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 Wills. j-afg of Wills, the Memorials fhall be under the Hand and Seal of fome or one of the Devifees, his or - tlieir