ment,

three pounds per centum per annum, and so many annuities as Weekly payshall have been actually purchased upon this act, as aforesaid) 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 course, for repaywith fuch interest as aforefaid, unto such person or perfons, natives or foreigners, bodies politick or corporate, who shall lend or advance the fame, as aforesaid, his, her, or their executors, administrators, fuccessors, or affigns respectively, without any fee or charge whatsoever, and shall not be diverted or be di- without fee. vertible to any other use or purpose whatsoever, under the like penalties and forfeitures as are by this act prescribed for diverting or misapplying any of the money that ought to be applied to the payment of the said annuities: and in case all the monies Monies not reso to be borrowed, with the interest thereof, shall not be repaid paid by 25 by or before the five and twentieth day of December, one thou- Dec. 1706. sand seven hundred and fix, then the remainder thereof shall be how fatisfied. satisfied out of the next aids to be granted by parliament, after the fame five and twentieth day of December, one thousand seven hundred and fix.

CAP. IV.

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

WHEREAS the Weft riding of the county of York is the Farther provi

most of

bereto by 5 Annæ, c. 18. and 6 Annæ,

place in the North for the cloth manufacture, and fions relating the traders therein are freeholders, and have frequent occafions bereto to borrow money upon their estates for managing their faid trade, and but for want of a register find it difficult to give security to the c. 35. f. 34. Satisfaction of the money lenders (although the security they offer be really good) by means whereof the faid trade is very much obstructed, and many families ruined: for the remedying whereof may it please your most excellent Majesty, at the humble request of the justices of the peace, gentlemen, and freeholders of the faid West riding, that it may be enacted; and be it enacted by the Queen's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal, and comm commons, in this present parliament assembled, and by the authority of the fame, That a memorial of all deeds and conveyances, which A memorialof from and after the nine and twentieth day of September, in the all deeds and year of our Lord one thousand seven hundred and four, shall be conveyances made and executed, and of all wills and devises in writing made made after 29 Sept.1704.and or to be made and published, where the devifor or teftator shall of all wills, die after the said nine and twentieth day of September, of or &c. made in concerning, and whereby any honors, manors, lands, tene- the West riding or hereditaments in the faid West riding, may be ments, way affected in law or equity, may, at the election of the party or parties concerned, be registred in fuch manner as is herein may be reafter giftred.

of York.

any thire,

after directed; and that every deed or conveyance that shall, at any time after any memorial is so registred, be made and executed of the honors, manors, lands, tenements, or hereditaments, or any part thereof, comprized or contained in any such memorial, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable confideration, unless such memorial thereof shall be registred as by this act is directed, before the registring of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim; and that every devise by will of the honors, manors, lands, tenements, or hereditaments, or any part thereof, mentioned or contained in any memorial so registred, as aforesaid, that shall be made and published after the registring of such memorial, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable confideration, unless a memorial of such 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 registring such memorials, as aforesaid, be it further enacted by the authority aforesaid, That one publick office for registring such memorials of and concerning any honors, manors, lands, tenements and hereditaments, that are fituate, lying, and being within the said West riding, shall be established and kept at Wakefield, the nearest market town to the center or middle of the said West riding, to be managed and executed by a fit and able person, to be from time to time elected and appointed in manner herein after directed, or his fufficient deputy, and to continue in the said office for so long time as he shall well demean himself therein.

lotting. Manner of Election.

Register to be III. And be it enacted by the authority aforesaid, That all elected by bal- elections of a register to be made or appointed by virtue of this act, shall be performed by ballotting in manner following (that is to say) 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 West riding, of the yearly value of one hundred pounds (to be determined by the oath of the elector, before the scrutators herein after-mentioned, if any doubt arife touching the fame, which oath they are hereby impowered to administer) shall be electors of the said register; and that the justices of the peace for the faid West riding, in that behalf assembled, or the major part of them, or any five of fuch juftices to be appointed by such major part, shall be fcrutators of the ballot; who shall meet on the day and place of election, and there, in the prefence of the electors, shall place one or more glass vessels to be provided for that purpose, into which each eIector present shall put one open paper, containing the name of fuch perfon as he approves of to be register: which papers shall be taken out again in the prefence of the faid fcrutators, by a person by them in that behalf appointed; and the name or names of every person therein shall be once transcribed in distinct columns, and under each name shall be fet down the num

ber

ber of their electors, which shall be deliberately cast up by the faid fcrutators, and the same shall be read over in the hearing, and fixt up in the view, of the electors then present; and the perfon upon whom the majority shall fall, shall be declared regifter.

IV. And be it enacted by the authority aforesaid, 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 sessions of the peace to be holden for the regifter. faid Weft riding, after the feast of Easter, in the faid year of our Lord one thousand seven hundred and four, in open court, on the second day of the said sessions, between the hours of nine in the morning, and three in the afternoon.

ster a new one to be chosen.

V. And be it enacted by the authority aforesaid, That when Upon death, and as often as the faid office shall become vacant by the death, &c, of regiforfeiture, or furrender of any fuch regifter, the justices of the peace for the faid West riding, afssembled at the general quarter feffions of the peace, next after such vacancy shall happen, or the major part of them, shall in open court declare the faid vacancy, and by order of the same sessions shall appoint and prefix a certain day and time, within the space of one calendar month, and above three weeks ensuing the end of fuch general quarter feffions, for the electors to affemble at Wakefield aforesaid, to choose a fit and able person, in the manner aforesaid, to supply the faid vacancy: and to the intent that all persons 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 shall forthwith cause copies of fuch order, for the prefixing the time of such election, to be delivered to the respective chief conftables of the several wapentakes within the faid West riding, who shall 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 aforesaid, That upon During the the death of any such register, and until another election of a vacancy, exeperfon to execute that office shall be made in manner aforesaid, cutors of regifter to appoint the executors and adminiftrators of the register deceased, toge- a person to exther with the fureties for the faid register, or their executors and ecute the ofadministrators, shall appoint a proper perfon to execute the office. fice of register, for whose demeanor in the execution of the faid office the security given for fuch regifter deceased shall be an

fwerable.

directed, &c,

VII. And be it further enacted by the authority aforesaid, How memoThat all and every memorials, fo to be entred or registred, shall rials shall be be put into writing, in vellum or parchment, and directed to the written and regifter of the faid office; and in case of deeds and conveyances, shall 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 truftees, attested by two witnesses, one whereof to be one of the witnesses to the execution of fuch deed or conveyance; VOL. XI. which

which witness shall, upon his oath before the said register, or

Deeds and

conveyances. his deputy, prove the signing and sealing of the said memorial,

Wills.

What every

and the execution of the deed or conveyance mentioned in such memorial; and in case of wills, the memorials shall be under the hand and feal of some or one of the devisees, his or their guardians or trustees, attested by two witnesses, one whereof shall, upon his oath before the faid register or his deputy, prove the signing and sealing of fuch memorial; which respective oaths the faid register or his deputy is hereby impowered to administer.

VIII. And be it further enacted by the authority aforesaid, memorial of That every memorial of any deed, conveyance, or will, shall

any deed, conveyance, or will shall con

tain.

contain the day of the month, and the year when such deed, conveyance, or will bears date, and the names and additions of all the parties to such deed or conveyance, and of the devisor, or testatrix of fuch will, and of all the witnesses to such deed, conveyance, or will, and the places of their abode, and shall express or mention the honors, manors, lands, tenements, and hereditaments, contained in such 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 such deed, conveyance, or will, in fuch manner as the fame are expressed or

mentioned in such deed, conveyance, or will, or to the fame

Register to in- effect; and that every fuch deed, conveyance, and will, or prodorse a certi- bate of the fame, of which such memorial is so to be registred, ficate on every fuch deed, &c. as aforesaid, shall be produced to the said register or his deputy, at the time of entring fuch memorial, who shall indorse a certificate on every such deed, conveyance, and will, or probate thereof, and therein mention the certain day, hour, and time on which such memorial is so entred and registred, expreffing Memorials to also in what book, page, and number the fame is entred, and that the faid register, or his deputy, shall fign the faid certificate when so indorsed; which certificates shall be taken and allowed as evidence of such respective registries in all courts of record whatsoever; and that every page of such register books, and every memorial that shall be entred therein, shall be numbred, and the day of the month, and the year, and hour, or time of the day, when every memorial is registred, shall be entred in the margins of the said register books, and of the said memorial; and that every such register shall keep an alphabetical calendar of all parishes, extraparochial places, and townships within the said West riding, with reference to the number of every memorial that concerns the honors, manors, lands, tenements, or hereditaments, in every such parish, extraparochial place, or township respectively, and of the names of the parMemorials to ties mentioned in such memorial; and that such register shall duly file every such memorial in order of time, as the same shall be brought to the said office, and enter or register the said memorials in the same order that they shall respectively come to his hand.

IX. And be it fürther enacted, That every such register, before he enter upon the execution of the said office, shall be sworn before the justices of the peace for the said riding, or any three or more of them that shall be present at his election (who are hereby impowered and required to administer such oath) in these words:

Y

OU shall 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 West riding of the county of York, so long as you shall continue in the faid office; and that you have not given nor promised, directly nor indirectly, nor authorized any person to give or promise any money, gratuity, or reward whatsoever, for procuring or obtaining the faid office for you:

So help you GOD.

X. And that when and as often as the said register shall ap- Register's de point any deputy to execute the faid office, such deputy shall, puty to take before he enter upon the execution thereof, take the said oath the faid oatha appointed to be taken by the register, before two or more justices of the peace for the said riding, who are hereby impowered and required to administer such oath; and that every register, Register to at the time of his being sworn into the said office, shall also give 2,000l. enter into a recognizance with two or more fufficient sureties, security. to be approved of by five or more of the justices of the peace of the faid riding that were present at his faid election, by writing under their hands and seals, to be registred at the next general quarter feffions of the peace for the said riding, of the penalty of two thousand pounds unto her Majesty, her heirs and fuccessors, to be taken by the same justices of the peace that approved of his security, 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 justices 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 said court.

XI. Provided nevertheless, and be it further enacted by the If no misbeauthority aforesaid, That when any register shall die, or fur-haviour appear render his office, and that within the space of three years, from in 3 years after death, &c. and after fuch death or furrender, no misbehaviour appear to of regifter, have been committed by such register, in the execution of his such recognifaid office, then and in such case, at the end of the said three zance to be years after his death or furrender, the faid recognizance, so entred void. into by him, shall become void and of no effect, to all intents and purposes whatsoever.

XII. And be it further enacted by the authority aforesaid, Times of atThat every fuch register, or his fufficient deputy, shall give due tendance in attendance at his office every day in the week (except Sundays the office.