Page:Ruffhead - The Statutes at Large - vol 4.djvu/385

A. D. 1707; Anno fexto Ann^ Regmze. C. 35. 333 convifted, fuch Perfon or Perfons fhall incur and be liable to fuch Pains and Penahlcs, a? in and by an Aft made in the fifth Year of Queen Elizabeth, intituled. An ASi againji Forgers of falfe Deeds rmd s^^"- '^- '^^• fFr'itings, are impofed upon Perfons for forging and publifhing of falfe 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, fhall or may be molefted, troubled, or charged ; and that jf any Perfon or Perfons fhall at any Time forfwear himfelf before the faid Regifter, or his Deputy, or be- And on Perfons^ fore any Judge or Mafter in Chancery, in any of the Cafes herein mentioned, and be thereof lawfully fo'^'^^ea""^ convifted, fuch Perfon or Perfons lliall incur, and be liable to the fame Penalties, as if the fame Oath had '°'™"' been made in any of the Courts of Record at IVeJiminJier, XXVII. And be it further enadled by the Authority aforefaid, That in cafe of A'lortgages, Judgments, Mortoees Statutes, and Recognizances, whereof Memorials fhall be entred in the faid Regifter Office, purfuant to judgments', &c, this Aift, if at any Timt afterwards a Certificate fhall be brought to the faid Regifter, or his Deputy, whereof Memo- figned by the refpeiStive Mortgagors and Mortgagees in fuch Rdortgage, PlaintifFs and Defendants in fuch "^'^ are entred, Judgment, Cognizors and Cognizees in fuch Statute or Recognizance, their refpeitive Executors, Admi- s^ti afterwards niftrators, or Affigns, and attefted by two WitnefTes, whereby it fhall appear that all Monies due upon thereupon mIJ fuch Mortgage, Judgment, Statute, or Recognizance refpectively, have been paid or fatisfied in Difcharge Regifter /la// thereof, which Witnefles fhall, upon their Oath before the faid Regifter, or his Deputy (who are hereby make an Entry refpeftively impowered to adminifter fuch Oath) prove fuch Monies to be fatisfied or paid accordingly, in tJie Margin and that they faw fuch Certificate figned by the faid Mortgagors and Mortgagees, PlaintifFs and D.fen- '^" ^^* ^"lll daiits, Cognizors and Cognizees refpeftively, their refpeftive Executors, Adminiftrators, or Affigns, that Charged!' "^ then and in every fuch Cafe, the faid Regifter, or his Deputy, fhall make an Entry in the Margents of the faid Regifter Books againft the Regiftry of the Memorial of fuch Mortgage, Judgment, Siatute, or Recognizance refpeftively, that fuch Mortgage, Judgment, Statute, or Recognizance refpeftively was fatisfied and difcharged according to fuch Certificate, to which the fame Entry fhall refer; and fhall after file fuch Certificate to remain upon Record in the faid Regifter Office. XXVIII. Provided neverthelefs, and be it enadied. That if any Judgment, Statute, or Recognizance Provifo if Judg- be regiftred in the faid Regifter Office, within thirty Days after the Acknowledgment or Signing thereof, "?^" *^'=: ^ '^' all the Lands that the Defendants or Cognizors had at the Time of fuch Acknowledgment or Signing, ^'^p^ s™f'e'° ihall be bound thereby. ligning! ^ XXIX. Provided always, and be it further enafted. That this A£t fhall not extend to any Copyhold Not to extend to* Eftates, or to any Leafes at a Rack Rent, or to any Leafe not exceeding one and' tv/enty Years, where Copyhold E- the aSual Pofleffion and Occupation goeth along with the Leafe ; any Thing in this A£t contained to the ftates, &c, contrary~thereof in any wife notwithftanding. XXX. And be it further ena£ted by the Authority aforefaid. That in all Deeds of Bargain and Sale here- How Deeds of after inrolled in purfuance of this Aft, whereby any Eftate of Inheritance in Fee-fimple is limited to the Bargam and Sals Bargainee and his Heirs, the Words Grant, Bargain, and Sell, fhall amount to, and be conftrued and ad- "' ^^^fj^M" l'*^ '^' judged in all Courts of Judicature, to be exprefs Covenants to the Bargainee, his Heirs and Affigns, ^f^^^^^^ j„i, from the Bargainor for himfelf, his Heirs, Executors and Adminiftrators, that the Bargainor notwith- sdjudgci. ftanding any Aft done by him, was at the Time of the Execution of fuch Deed feized of the Heredita- ments and PremifTes thereby granted, bargained and fold, of an indefeafible Eftate in Fee-fimple, free from all Incumbrances (Rents and Services due to the Lord of the Fee only excepted) and for quiet En- joyment thereof againft the Bargainor, his Heirs and Affigns, and all claiming under him, and alfo for further Aflurance thereof to be made by the Bargainor, his Heirs and Affigns, and all claiming under him ; unlefs the fame fhall be reftrained and limited by exprefs particular Words contained in fuch Deed ; and that the Bargainee, his Heirs, Executors, Adminiftrators and Affigas refpeftively, fhall and may, in any Aftion to be brought, affign a Breach or Breaches thereupon, as they might do in cale fuch Cove- nants were exp>relly inferred in fuch Bargain and Sale. XXXI. And be it further enafted, That every Leaf of the aforefaid Regifter Books and Inrolment Ei'^y '"*' " Eooks fliall be figned by two Juftices of the Peace of the faid Riding (to be from Time to Time appoint- Book-'w u Hen- ed by the Juftices of the Peace thereof, or the major Part of them, at their General Quarter- Seffi on s of ej-(,yt„,oj^,ii,-j,5^ the Peace affembled) who are hereby required to fign the fame accordingly ; and that an Entry thereof fhall be made from Time to Time by the Clerk of the Peace of the faid Riding for the Time being, in the Order Book of the faid Seffions, and figned by the fame Juftices of the Peace that fhall from Time to Time fign the faid Regifter Books and Inrolmcnt Books, to remain upon Record amongft the Records of the faid Seffions ; and that a like Entry fhall be made upon Record, and figned as aforefaid, of the Num- ber of the fame Books, and how called or marked, and how many Pages each of them contains,, that are at any Time, and from Time to Time, ufed in the faid Regifter Office. XXXII. And be it enafted by the Authority aforefaid. That no Adember of Parliament for the Tirne No Member of being {hall be capable of being chofe Regifter, or of executing by himfelf or any other Perfon, the faid P.^rliament tobe Office, or have, take, or receive any Fee or other Profit whatfoever, for or in Refpeft thereof; nor Regifter, fhall any Regifter, or his Deputy for the Time being, be capable of being chofen a Member to ferve in Parliament. .^ , XXXIII. And be it further enafted, That this Aft {hall be taken and allowed m all Courts withm this Aa uj bea pub-. Kingdom as a publick Aft, and all Judges, Juftices, and other Perfons therein concerned, are hereby re- '"^Att. tjuired as fuch to take Notice 'thereof, without fpecial pleading the lame. ' XXXIV. And whereas an Aft of Parliament made in the fecond Year of her prefent A-Iajefty's Reign, "-^ 3 Amar, ' intituled. An Aif for the publick regiflring of all Deeds, Conveyances, and Wills that jhull he made of any Ho- '^' "" ' nors,. Manors-, Lands, Tenements, or Hereditaments within the IVefi Riding of the County £/" York, after the ' ?iine