Page:Ruffhead - The Statutes at Large - vol 4.djvu/383

 A. D. T707. Anno f«xto Ann^ Reginae. C. 35. 331 XIV. ProvWed alfo, and it is hereby enafled, That all Memorials of Wills that (hall be regiftred in ^tfmonsiEof Manner as aforefaid, witfiin the Space of fix Months after the Death of every refjjeflive Deyifor or Tef- V/ilisreginrel tatrix dying within the Kingdom of Great Britain, or within the Space of three Years after the Death or"^=hi" ^^ evei'y reipcdtive Devifor or T'eftatrix dying upon or in any Parts beyond the S^as, fhall be as valid and ef- fs"L'^''f{',"'|]- fc(3:ual againft fubfequent Purchafers,, as if the fame had been regiitred immediately after the Death o^ £^c.li.'^°^' fuch refpe<3ive Devifor or Teftatrix ; any thing herein contained to the contrary thereof in any wife nat- withftanding. XV. Provided always, That in Cafe the Devifee, or Perfon or Perfons interefted in the Honors, Ma-Provifoincafe of nors, Lands, T enements, or Hereditr.ments, devifed by any fuch Will, as aforefaid, by reafon of the Wills contefted. contefting fuch Will, or other inevitable DiiEculty, without his, her, or their wilful Negle£t or Default, fhall be difabled to exhibit a Memorial for the Regiftry thereof, within the refpeftive Times herein be- fore limited, and that a Memorial fhall be entred in the faid Office of fuch Conteft or other Impedi- ment, within the Space of fix Months after the Deceafe of fuch Devifor or Teftatrix, who fhall die within the Kingdom of Great Britain, or within the Space of three Years next after the Deceafe of fuch Perfon who fhall die upon or beyond the Seas, then and in fuch Cafe the Regiftry of the Memorial of fuch Will, within the Space of fix Months next after his, her or their Attainment of fuch Will, or a Probate thereof, or Removal of the Impediment, whereby he, fhe, or they are dilabled or hindred to exhibit fuch Memo- rial, fhall be a fufficient Regiftry within the Meaning of this AtEl ; any thing herein contained to the con- trary thereof in any wife notwithftanding. ' XVI. And whereas by an A£l: of Parliament made in the twenty-feventh Year of the Reign of King z-j h. S. c, i6, ' Henry the Eighth, intituled. Far InroUments of Bargains and Sales, it is enaSed, That no Manors, Lands, ' Eftate of Inheritance or Freehold fhall be made or take Effeft, in any Perfon or Perfons, or any Ufe ' thereof to be made, by Reafon only of any Bargain and Sale thereof, except the faid Bargain and Sale be ' made by Writing indented, fealed, and enrolled in one of the King's Courts of Record at Wejiminjler, or. ' elfe within the fame County or Counties where the fame Manors, Lands Tenements, or Hereditaments ' Riding, or the faid Town and County of the Town of Kingfton upon Hull, for that the Clerks of the ' Place appointed for keeping thereof; and whereas by this prefent Aft a publick Office is intended to be ' to be chofen, who, according to the Direftions herein after mentioned, is to give fufficient Security for Year of the Reign of King Henry the Eighth more effeftual and beneficial to the Inhabitants of the faid 27 H. 8. c. 16. EaJi Riding, and of the Town and County of the Town of Kingjion upon Htdl, Be it further enafted by the Authority aforefaid. That from and after the faid nine and twentieth Day of Septemherin the Year of our After 29 Sept. Lord one thoufand feven hundred and eight, all Bargains and Sales of any Manors, Lands, Tenements, i7°8- aiiBar- and Hereditaments, fituate, lying and being within the faid EaJi Riding, or the faid Town and County ^J'"^ and Sales of the Town oi King/ion upon Hull, which fhall be inroUed by the faid Regifter, or his Deputy for the °n^Qj^"j g^" Time being, in the faid publick Office at Beverly, fhall be as good, efi«ftual, and available, to all Intents verly, tobe as and Purpofes, whatfoever, as-if the fame had been inroUed in one of the Queen's Courts of Record at effeflual as if in- Wejlminjier, or before the Cujlos Rotulorwn and two Juftices of the Peace and the Clerk of the Peace of the '^°J'^ atWeft- faid Eaft Riding, or of the faid Town and County of the Town of Kingjion upon Hull, or two of them, """^"i **<=• according to the aforefaid Aft made in the twenty-feventh Year of the Reign of King Henry the Eighth, or any other Aft now in Force : And one or more Juftice or Juftices of the Peace of the faid Riding for the Time being fhall have Power to take and enter the Acknowledgment of the Bargainor, if but one, or of one of the Bargainors if more, in fuch Bargains and Sales ; and the faid Regifter, or his Deputy for the Time being, fhall well and fufficiently inroU, by ingroffing in Parchment Books, all fuch Bar- gains and Sales as fhall for that Purpofe be acknowledged as aforefaid, and fhall indorfe a Certificate on fuch Bargains and Sales of the Times of inroUing thereof, and fign the fame, and the Books thereof fhall fafely keep in the faid publick Office, there to remain upon Record amongft the Memorials of Deeds there regiftred. Xyil. And be it further enafted. That aill Deeds of Bargain and Sale fo inrolled in the faid publick or Deeds fo inrolied Regifter Office, as aforefaid, which fhall appear to be fo inrolled by an Indorfement or Certificate on the to be fufficient faid Deeds of Bargain and Sale, figned by the faid Regifter, or his Deputy, and that all Copies of the In- Evidence, rollments thereof remaining on Record in the faid Regifter Office, fhall be allowed in all Courts where fuch Bargains and Sales, or Copies fliall be produced, to be as good and fufficient Evidence as any Bargains and Sales inrolled in any of the Courts at Wejlminjler, and the Copies of the'Iiirollments thereof. XVIII. And be it further enafted. That every fuch InroUment of every fuch Deed in the faid Regifter Every fuch In- Office, as aforefaid, fhall be deemed and adjudged to be the entring a Memorial thereof purfuant to this rollmentto be Aft, and fhall have the fame Force and Eff"eft upon the Eftate therein mentioned, in relation to all fubfe- ^^med 'he en- quent Deeds, Conveyances and Wills, and to all other Intents and Purpofes, as if a Memorial of fuch in- '""g a Memorial rolled Deed had been entred in the faid Regifter Office, as aforefaid, purfuant to this Aft. thereof. U u 2 XIX. And
 * Tenements, or other Hereditaments, fliall pafs, alter, or change from one to another, whereby any
 * fo bargained and fold, lye or be before the Cujlos Rotnlorwn, and two Juftices of the Peace, and the Clerk
 * of the Peace of the faid County or Counties, or two of them at the leaft, whereof the Clerk of the
 * Peace to be one ; which Aft hath been found by Experience to be of little or no ufe within the faid Eaji
 * Peace thereof refpeftively for the Time being, who have the keeping of the faid InroUments within the
 * faid refpeftive Places, are not by the faid A£t enjoined to give any Security for the fafe keeping, nor un-
 * der any Penalty for the negligent keeping of ths faid InroUments, nor is there by the faid A61 any certain
 * erefted and eftablifhed at Beverly aforefaid, at the publick Charge of the faid Eajl Riding, for regiftring
 * and fafe keeping Memorials of all Deeds, Conveyances, and Wills, as aforefaid, and a publick Regifter
 * the due Execution of the faid Office :' For rendring therefore the faid Aft made in the twenty-feventh