Allowances for entring memorials,

and holidays) between the hours of nine and twelve in the forenoon, and the hours of two and five in the afternoon, for the dispatch of all business belonging to the said office; and that every fuch regifter or his deputy, as often as required, shall make fearches concerning all memorials that are registred, as aforesaid, and give certificates concerning the same under his hand, if required by any person.

XIII. And be it further enacted by the authority aforesaid, That every fuch register shall be allowed for the entry of every fuch memorial, as 1S by this act directed, the fum of one thilling, and no more, in case the fame do not exceed two hundred words; but if such memorial shall exceed two hundred words, then after the rate and proportion of fix pence an hundred, for all the words contained in such memorial, over and above the

and for certi- first two hundred words: and the like fees for the like number ficates. of words, contained in every certificate or copy given out of the faid office, and no more, and for every fearch in the faid office one shilling, and no more.

Penalty on register, &c.

Treble damages.

Person nominated on death of register to execute the

office (while

vacant) to take the same oath as regi

fter.

1

Treble damages.

Act not to ex

XIV. And be it further enacted by the authority aforesaid, That if any such register or his deputy shall neglect to perform his or their duty in the execution of the said office, according to the rules and directions in this act mentioned, or commit, or suffer to be committed, any undue or fraudulent practice in the execution of the said office, and be thereof lawfully convicted, that then such register shall forfeit his faid office, and pay treble damages with full costs of fuit to every fuch perfon or perfons as shall be injured thereby, to be recovered by action of debt, bill, plaint, or information, in any of her Majesty's courts of record at Westminster, wherein no essoin, protection, privilege, or wager of law thall be allowed, nor any more than one imparlance.

XV. And be it further enacted, That the person to be nominated, as aforesaid, upon the death of any register, to execute the faid office, during the time the same shall be vacant, as aforesaid, shall, before he enter upon the execution thereof, take the oath herein before appointed to be taken by fuch register, and his deputy, before two or more justices of the peace for the faid riding (who are hereby impowered to administer the fame oath) and that if such person, so nominated, shall be lawfully convicted of any neglect, misdemeanor, or fraudulent practice in the execution of the faid office, during fuch vacancy, he shall be liable to pay treble damages, with full costs of fuit, to every person that shall be injured thereby, to be recovered as aforefaid.

XVI. Provided also, and be it further enacted, That this tend to copy- act shall not extend to any copyhold estates, or to any leases at

hold or leafehold eftates.

a rack rent, or to any lease not exceeding one and twenty years, where the actual poffeffion and occupation goeth along with the lease; any thing in this act contained to the contrary thereof in any wife notwithstanding.

XVII. Pro&c. to be but

XVII. Provided always, and be it further enacted, That Manors, lands, where there are more writings than one, for making and per- once named fecting any conveyance or fecurity, which do name, mention, in the memoor any ways affect or concern the fame honours, manors, lands, rial, &c. where tenements, or hereditaments, it shall be a sufficient memorial, there are more and register thereof if all the said honours, manors, lands, te- writings than nements, and hereditaments, and the parishes, townships, ham- one for making the conlets, or extraparochial places, where the fame lie, be only once veyance, &c. named or mentioned in the memorial, register, and certificate of any one of the deeds or writings, made for the perfecting of such conveyance or fecurity; and that the dates of the rest of the faid deeds or writings, relating to the faid conveyance or security, with the names and additions of the parties and witneffes, and the places of their abodes, be only set down in the memorials, registers, and certificates of the fame, with a reference to the deed or writing whereof the memorial is so registred, that contains or expresses the parcels mentioned in all the faid deeds, and directions how to find the registring the fame.

.

made in Lon

XVIII. And be it further enacted by the authority aforesaid, Amemorial of That a memorial of such deeds, conveyances, and wills, as deeds, &c. shall be made and executed or published in London, or in any don, &c. which other place not within forty miles of the said West riding, which concern any do or may concern or affect any honours, manors, lands, tene- lands in the ments, or hereditaments in the faid West riding, shall be en-west riding tred or registred by may be regithe aforesaid regifter or his deputy, in cafe an ftred on affiaffidavit sworn before any one of the judges at Westminster, or davit. a master in Chancery, be brought with the faid memorial to the faid regifter or his deputy, wherein one of the witnesses to the execution of fuch deeds and conveyances shall fwear he or she faw the fame executed, and the memorial signed and fealed as abovesaid, or wherein one of the witnesses to the memorial of any will shall swear he or she saw such memorial figned and sealed as abovesaid; and the same shall be a sufficient authority to the faid register, or his deputy, to give the party that brings such memorial and affidavit, a certificate of the registring fuch memorial; which certificate, signed by the said regifter or his Register to deputy, shall be taken and allowed as evidence of the registries give certificate of the fame memorials in all courts of record whatsoever; any thing in this act to the contrary thereof contained in any wife notwithstanding.

thereupon.

XIX. And be it further enacted by the authority aforesaid, Penalty on That if any person or persons shall at any time forge or counter- forging or feit any fuch memorial or certificate as are herein before menti- counterfeiting oned and directed, and be thereof lawfully convicted, fuch per- certificates. fon or perfons shall incur and be liable to fuch pains and penalties as in and by an act of parliament made in the fifth year of the reign of Queen Elizabeth, intituled, An act against forgers of Eliz. c. 14. falfe deeds and writings, are imposed upon persons for forging or publishing of false deeds, charters, or writings fealed, court rolls, or wills, whereby the freehold or inheritance of any perfon or persons of, in, or to any lands, tenements, or heredita

Penalty on person forswearing him

felf.

Memorials of wills entred

hereditaments, shall or may be molested, troubled, or charged; and that if any perfon or persons shall at any time forswear himself before the faid register, or his deputy, or before any judge or master in Chancery, in any of the cafes aforesaid, and be thereof lawfully convicted, such person or persons shall incur and be liable to the same penalties, as if the same oath had been made in any of the courts of record at Westminster.

XX. Provided always, and it is hereby enacted, That all in 6 months memorials of wills that shall be registred in manner as aforesaid, after death of within the space of fix months after the death of every respectdevisor, dying ive devisor or testatrix, dying within the kingdom of England, in England, dominion of Wales, and town of Berwick upon Tweed, or within the space of three years after the death of every respective devifor or testatrix, dying upon or in any parts beyond the seas, shall be as valid and effectual against subsequent purchasers, as if the same had been registred immediately after the death of such respective devisor or testatrix; any thing herein contained to the contrary thereof in any wife notwithstanding.

&c. or in 3 years after death of devifor dying beyond sea, to

pe valid.

Proviso in cafe

tested.

XXI. Provided always, that in case the devisee, or person or of wills con- persons interested in the honours, manors, lands, tenements, or hereditaments, devised by any such will, as aforesaid, by reason of the contesting such will, or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled to exhibit a memorial for the registry thereof, within the respective times herein before limited, then and in fuch cafe the registry of the memorial, within the space of fix months next after his, her, or their attainment of such will, or a probate thereof, or removal of the impediment, whereby he, she, or they are disabled or hindred to exhibit such memorial, shall be a sufficient registry within the meaning of this act; any thing herein contained to the contrary thereof in any wife notwithstanding.

be chosen re

No member of XXII. And be it further enacted by the authority aforesaid, parliament to That no member of parliament, for the time being, shall be gister; or re- capable of being chosen register, or of executing, by himself gifter to be or any other person, the faid office, or have, take, or receive chosen amem- any fee or other profit whatsoever, for or in respect thereof; ber of parlia- nor shall any register, or his deputy, for the time being, be cament. pable of being chosen a member to serve in parliament.

Publick act.

XXIII. And be it further enacted, That this act shall be taken and allowed in all courts within this kingdom as a publick act; and all judges and justices are hereby required as fuch to take notice thereof, without special pleading the fame.

CAP.

CAP. V.

An act to repeal a proviso in an act of the fourth year of the reign of King William and Queen Mary, which prevents the citizens of the city of York from disposing of their personal estates by their wills, as others inhabiting within the province of York by that att may do.

W

HEREAS by an att made and passed in the fourth year of the 4 W. & M. reign of their late majesties King William and Queen Mary, c. 2.

intituled, An act that the inhabitants of the province of York may dispose of their personal estates by their wills, notwithstanding the custom of that province: in which act there is a proviso, that nothing in the faid act contained should extend or be construed to extend to the citizens of the cities of York and Chester, who were or should be freemen of the faid respective cities, inhabiting therein, or within the Suburbs thereof, at the time of their death: but that every fuch citizen's widow and children should and might have and enjoy fuch reaSonable part and proportion of the testator's personal estate, as she or they might or ought to have had by the custom of the province of York, before the making of the faid act: and whereas notwithstanding the mayor and commonalty, on behalf of the inhabitants of the faid city of York, have humbly defired that the faid proviso may be repealed, Jo that the freemen of the said city may have the benefit of the faid act of parliament, as well as all other persons inhabiting within the faid province; be it therefore enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in parliament assembled, and by the authority of the fame, That from and after the fix and twentieth day of March, in the year of our Lord one thousand seven hundred and four, the said proviso, so far as the fame concerns the citizens of the city of York, shall be repealed and is hereby repealed and made null and void, so that from thenceforth it thall and may be lawful for all and every the citizens of the said city of York, who are or shall be freemen of the said Freemen of city, inhabiting therein, or within the fuburbs thereof, at the York may difpose of their time of their death, by their last wills and testaments, to give, personal efbequeath, and dispose of their goods, chattles, debts, and other tates by will. personal estates, to their executor or executors, or to fuch other person or persons as the faid testator or testators shall think fit, as any other person or persons inhabiting or refiding within the faid province of York may lawfully do by virtue of the said act: widows or and that from and after the faid fix and twentieth day of children barMarch, the widows, children, and other kindred of such testa- red from tor or teftators, shall be barred to claim or demand any part of claim, otherwife than by the goods, chattles, or other personal estate of the teftator or teftator's will testators, in any other manner, than as by the said last wills and testaments is limited and appointed; any thing in the faid act, or any other law, statute, or usage to the contrary in any wise notwithstanding.

II. Provided, and be it enacted, That this act shall be taken Publick act. and allowed in all courts within this kingdom as a publick act;

Parish boys may be put

out apprentices to the fea service,

and all judges and justices are required as such to take notice thereof without special pleading the fame.

CAP. VI.

An act for the increase of seamen, and better encouragement

W

of navigation, and security of the coal trade.

HEREAS

the giving due encouragement to fuch of the youth

of this kingdom, as shall voluntarily betake themselves to the Jea fervice, and practice of navigation, and obliging others, who, by reason of their own or their parents poverty, are deftitute of employ ment, or any lawful means whereby to maintain themselves, may greatly tend to the increase of able and experienced mariners and feamen, for the service of her Majesty's royal navy, and for the carrying on the trade and commerce of this kingdom; be it the efore enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the fame, That from and after the five and twentieth day of March, in the year of our Lord one thousand seven hundred and four, it shall and may be lawful to and for two or more justices of the peace, in their several and respective counties, ridings, or divisions, as also to and for all mayors, aldermen, bailiffs, and other chief officers and magistrates of any city, borough, or town corporate, within her Majesty's kingdom of England, dominion of Wales, and town of Berwick upon Tweed, and likewise to and for the churchwardens and overseers of the poor (for the time being) of the several and respective parishes within the places aforesaid, by and with the consent and approbation of fuch justices of the peace, mayors, aldermen, bailiffs, or other the chief officers or magistrates aforesaid, to bind and put out any boy or boys, who is, are, or shall be of the age of ten years, or upwards, or who is, are, or shall be chargeable, or whose parents are or shall become chargeable to the respective parish or parishes wherein they inhabit, or who shall beg for alms, to be apprentice and apprentices to the sea service, to any

to masters of of her Majesty's subjects, being masters or owners of any ship ships, &c. or veffel used in sea service, and belonging to any port or ports within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed aforesaid, for so long time, and until such boys shall respectively attain or come to the age of one and twenty years; and such binding out any fuch apprentice shall be as effectual in the law, to all intents and purposes, as if fuch

boy were of full age, and by indenture had bound himself an Boys age to be apprentice: and to the end that the time of the continuance inferted in his of the fervice of fuch apprentice or apprentices may the more indenture, &c. plainly and certainly appear, the age of every such boy, so to

be bound apprentice, shall be mentioned and inferted in his indentures, being taken truly from a copy of the entry in the register book, wherein the time of his being baptized is or shall be entred (where the same can or may be had) which copy shall be given and attested by the minifter, vicar, or curate of such parish