Page:Ruffhead - The Statutes at Large - vol 4.djvu/420

 3^8 C. 19, fio. Anno feptimo Ahuje Reginae. A. D. 1708. c A P. XIX. An Aft to enable Infants who are feized or poffefled of Eftates in Fee, In Truft, or by Way of Mortgage, to make Conveyances of fuch liftates. WHEREAS many Inconveniences do and may arife by Reafon that Perfons under the Age of one and twenty Years, having Eftates in Lands, Tenements, or Hereditaments, only in Truft for others, or by Way of Mortgage, cannot (though by the Diredtion of the Cejluy que Trufl^ or Mort- gagor) convey any fure Eftate in any fuch Lands, Tenements, or Hereditaments, to any other Perfon or Perfons :' For Remedy thereof, be it enacted by the Queen's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament iiftei-ioMay aflembied, and by the Authority of the fame. That from and after the tenth Day of May one thoufand fe- 1705, any Per- yen hundred and nine, ic fiiail and may be lawful to and for any fuch Perfon or Perfons, under the Age a" "^^' •^ of one and twenty Years, by the Diretftion of the High Court of Chancery or the Court of Exchequer, fig- jiigVi*ui>ec,''&c. nified by an Order made upon hearing all Parties concerned, on the Petition of the Perfon or Perfons for may by tlw'Di- ' whom fuch Infant or Infants fhall be feized or poffeii'ed in Truft, or of the Mortgagor or Mortgagors, or rectrons of the Guardian or Gardians' of fuch Infant or Infants, or Perfon or Perfons entitled to the Monies fecured by Courts of Chan or upon any Lands, T'enements, or Hereditaments, whereof any Infant or Infants are or fhall be feized eery, or Exche- ^^ pofiefied by Way of Mortgage, or of the Perfon of Perfons- entitled to the Redemption thereof, to corl- l.ands"'&c7 " ^^Y '^^'^ affure any fuch Lands, Tenements, or Hereditaments, in fuch Manner as the faid Court ofChaji- cery or the Court of Exchequer ihall, by fuch Order fo to be obtained, diredt, to any other Perfon or Per- and fuch Con- fons ; and fuch Coveyance or Aflurance fo to be had and made as aforefaid, (hall be as good and efteilual yeyance fliall be in Law, to all Intciits and Purpofes whatfoever, as if the faid Infants or Infant were, at the Tirpe of B<"><'' making fuch Conveyance or Afl^rance, of the full Age of one and twenty Years; any Law, Cuftom, or Ufage to the contrary in any wife notwithftanding. An Infant being II. And be it further enacted by the Authority aforefaid. That all and every fuch Infant or Infants, Truftee, &c. being only Truftee or Truftees, Mortgagee or Mortgagees as aforefaid, fhall and may be compelled by may be compel- f^^^^ Order, fo as aforefaid to be obtained, to make fuch Conveyance or Conveyances, Affurance or Al- Cenve"ance'&c. '"'■^"'■^^ ^^ aforefaid, in like Manner as Truftees or Morgagees of full Age are compellable to convey ' ' 'or aflign their Truft Eftates, or Mortgages. C A P. XX. An A6t for the publick regiftring of Deeds, Conveyances, and Wills, and other Incumbrances which Ihall be made of, or that may efiFeft any Honors, Manors, Lands, Tenements, or He- reditaments, within the County of Middlejex, after the twenty-ninth Day of September one thoufand fcven hundred and nine. ' VV ments,fuch as are ill-difpofed have it in their Power to commit Frauds, and frequently do fo, by Means ' whereof feveral Perfons (who through many Years Induftry in their Trades and Emplojrments, and by ' undone in their Purchafes and Mortgages by prior and fecret Conveyances, and fraudulent Incum- A Memorial of <■ brances ; and not only themfelves, but their whole Families thereby utterly ruined:' For Remedy madrat^iers'e t whereof, may it pleafe your moft Excellent Majefty (at the humble Requeft of the Juftices of the Peace, ao, lyog-'and " Gentlemen and Freeholders of the County of Middle/ex) that it may be enacted ; and be it enaiSed by'the of all Wills, &c. Qjieen's moft Excellent Majefty, by and v/ith the Advice^nd Confent of the Lords Spiritual and Tem- that may affect pdyal, and Commons, in this prefent Parliament aflembied, and by the Authority of the fame. That a any Honors, &c. JVIemorial of all Deeds and Conveyances, which from and after the twenty-ninth Day of September in the Coumv'of Mid- '^'^^ ^'^ °" Lord one thoufand feven hundred and nine, fhall be made and executed, and of all Wills dltfer, may be and Devifes in Writing, made or to be made and publiflied, where the Devifor or Teftatrix ihall die af- legiftred ; and tcr the faid twenty-ninth Day oi September, of or concerning, and whereby any Honors, Manors, Lands, every Convey- Tenements, or Hereditaments in the faid County, may be any Way afFeited in Law or Equity, may be TeRifired"ftaH ^' "'"Y Time after the faid twenty-ninth Day oi September be made and executed ihall be adjudged frau- be void,'&c. un- dulent and void againft any fubfequent Purchafer or Motrgagee for valuable Confideration, unltfs fuch le:s fuch Memo- Memorial thereof be regiftred as by this A61 is dire6led, before the regiftring of the Memorial of the Deed rial be regiftred or Conveyance under which fuch fubfequent Purchafer or Mortgagee fhall claim ; and that every fuch • bcfoie the regi- Qgyifg by Will fhall be adjudged fraudulent and void againft any fubfequent Purchafer or Mortgagee Conveyanrc%n- fo"" Valuable 'Confideration, unlefs a Memorial of fuch Will be regiftred at fuch Times and in fuch Man- der which, &c. n<ir as is herein after directed. '"■TV, ri, ( ■ H. And for fettling and eftablifhing a Certain Method, with proper Rules and Direftions for regiftring Devife'b wtll fuch Memorials as aforefaid, be it further ena<fted by the Authority aforefaid. That one publick Office 6 na:, c. 35! for regiftring fuch Memorials of and concerning any Honors, Manors, Lands, Tenements, and Heredi- Abr.Ca,'Eq.353. taments, that are fituate, lying, and being within the f.iid County, fhall be erefted and eftabliihed in Rcgifiers ap- Manner following ; that is to fay. That for the better and more efFedlual putting in Execution the feveral pointed. Matters and Things in this Ait contained, the fworn Clerk to execute the Oifice of Inrolment in the 3 High
 * '1T7 HE RE AS by the different and fecret Ways of conveying Lands, Tenements, and Heredita-
 * great Frugality, have been enabled to purchafe Lands, or to lend Monies on Land Security) have been
 * "" ™"^^^^" regiftred in fuch Manner as is herein after direfled; and that every fuch Deed or Conveyance, that mall