Page:Ruffhead - The Statutes at Large - vol 4.djvu/291

 1 A. D. 1706. Anno quinto ANNÆ Reginæ. C. 18. as aforefaid, and therein mention the certain Day on which fuch Memorial is fo regiftred or entred, ex- preffing alfo in what Book, Page and Number the fame is entred. VI. And be it further enacted by the Authority aforefaid, That the Recognizance entred into by the Condition of prefent Regifter, and hereafter to be entred into by the Regiſter for the time being, at the Time of his Regiſter's Re- being fworn into the faid Office of Regiſter, conditioned for the true and faithful Performance of his cognizance. Duty in the Execution of his faid Office, fhall be deemed, adjudged, and taken to ſtand and be to all In- tents and Purpoſes a Security, as well for the due Inrollment, and fafe keeping when inrolled, of the faid Inrollments of all Bargains and Sales that fhall be inrolled before the faid Regifter, or his Deputy, for the time being, by virtue of this prefent Act, and for all other Duties appointed by him to be done by this Act, as for the true and faithful Performance of his Duty in the Execution of his faid Office of Regifter; and that the faid Regiſter and his Deputy for the time being, fhall be liable to the like Breaches and Forfeitures of the faid Recognizance, for and in refpect of any Neglect or Breach of his Duty re- quired of him by this preſent Act, as for any Neglect or Breach of his Duty in the Execution of his faid Office of Regifter. 239 VII. And be it further enacted, That the faid Regiſter for the time being, fhall be allowed for inrol- The fame Fees ling every fuch Bargain and Sale, and Memorial as aforefaid, and for Certificates, Copies and Searches as by 2 Annæ, reſpectively, the like refpective Fees that are, by the aforefaid Act made in the fecond Year of her pre-. 4. fent Majeſty's Reign, appointed for the entring Memorials of Deeds, Conveyances, and Wills, and for Certificates, Copies, and Searches refpectively, and no more. or counter- VIII. And be it further enacted, That if any Perſon or Perfons fhall at any Time forge or counterfeit Penalty on forg- any Entry of the Acknowledgment of any Bargainer in any ſuch Bargain and Sale as aforefaid, or any feiting Entry. fuch Memorial, Certificate, or Indorfement as are hercin mentioned or directed, and be thereof lawfully convicted, fuch Perſon or Perfons fhall incur, and be liable to fuch Pains and Penalties as in and by an Act of Parliament made in the fifth Year of Queen ELIZABETH, intituled, An Act againſt Forgers of falfe 5 Eliz. c. 14. Deeds and Writings, are impofed upon Perfons fo forging or publiſhing of falfe Deeds, Charters, or Wri- tings 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 And on Perfon that if any Perfon or Perfons fhall at any Time forfwear himſelf before the faid Regifter, or his Deputy, fame or before any Judge or Maſter in Chancery, in any of the Cafes herein mentioned, and be thereof law- fully convicted, fuch Perfon or Perfons fhall incur, and be liable to the fame Penalties, as if the fame Oath had been made in any of the Courts of Record at Weſtminster. forfwearing IX. And be it further enacted, That all Certificates required by this Act, or by the faid Act made in Certificates to be the fecond Year of her prefent Majefty's Reign to be given by the faid Regifter, or his Deputy, in cafe figned by Re- of Searches in the faid Publick or Regifter Office, fhall be figned by the faid Regifter, or his Deputy, in the Preſence of two credible Perfons, who fhall fet their Names thereto as Witnefles to the figning thereof. gifter. C. 4. X. And be it further enacted by the Authority aforefaid, That in cafe of Mortgages that fhall be in- On Certificate that Money due rolled in the faid Regifter Office, purſuant to this Act; or whereof Memorials have been, or fhall be en- on Mortgage, tred, purſuant to the faid Act made in the fecond Year of her prefent Majefty's Reign; and alſo in cafe &c. is paid, Re- of Judgments, Statutes and Recognizances, whereof Memorials fhall be entred in the ſaid Regifter Office, gifter to make purſuant to this Act; if at any Time afterwards, a Certificate fhall be brought to the faid Regifter, or an Entry there- his Deputy, figned by the reſpective Mortgagors and Mortgagees in fuch Mortgage, Plaintiffs and Defen- of, &c. dants in fuch Judgment, Cognizor and Cognizees in fuch Statute or Recognizance reſpectively, their 2 & 3 Anne, reſpective Executors, Adminiftrators or Affigns, and attefted by two Witnefles, whereby it fhall appear, that all Monies due upon fuch Mortgage, Judgment, Statute or Recognizance reſpectively, have been paid or fatisfied in diſcharge thereof; which Witneffes fhall upon their Oath before the faid Regifter, or his Deputy, (who are hereby refpectively impowered to adminifter fuch Oath) prove fuch Monies to be fatisfied or paid accordingly, and that they faw fuch Certificate figned by the faid Mortgagors and Mort- gagees, Plaintiffs and Defendants, Cognizors and Cognizees refpectively, their reſpective Executors, Adininiftrators or Affigns; that then and in every fuch Cafe the faid Regifter, or his Deputy, fhall make an Entry in the Margents of the faid Regiſter Books, againſt the Inrollment of fuch Mortgage or Regiſtry of the Memorial thereof, and againſt the Regiftry of fuch Judgment, Statute or Recognizance refpec- tively, that fuch Mortgage, Judgment, Statute or Recognizance reſpectively, was fatisfied and diſcharged 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. XI. Provided nevertheleſs, and be it enacted, That if any Judgment, Statute or Recognizance, be Provifo in cafe of Judgment regiftred in the faid Regiſter Office, within thirty Days after the Acknowledgment or figning thereof, or in 30 Days all the Lands that the Defendant or Cognizor had at the Time of fuch Acknowledgment or figning, after figned. fhall be bound thereby. XII. And be it further enacted, That this Act fhall be taken and allowed in all Courts within this Act to be a Kingdom as a publick Act, and all Judges, Juftices, and other Perſons therein concerned, are hereby publikum.c. 20. required, as fuch, to take Notice thereof, without fpecial pleading the fame. Act. appointing a Re- gifter for Middlefex, and 8 Geo, 2. c. 6. appointing a Regifter for the North Riding of Yorkshires CA P.