Page:Ruffhead - The Statutes at Large - vol 4.djvu/423

 A. D. ryoS. Anno feptimo Ann /2 Reglnas. C. 20. 371 XIV. And be it further enafled, That the Damages before-mentioned, to be forfeited by any fuch Re- Forfeiture for gifter or Mafter, for any Negleft, Mifdemeanor, or fraudulent Praftice in the Execution of his Office, his Negka, how fhall be recovered by A£lion of Debt, Bill, Plaint, or Information in any of her Majefly's Courts of Re- ^ '^<^°"'^- cord at Weftrninfter, wherein no Effoin, Protedlion, Privilege, or Wager of Law fliall be allowed, nor any more than one Imparlance. XV. And be it further enafted. That if any Perfon or Perfons fliall at any Time forge or counterfeit Perfons forging any Entry of the Acknowledgment of any fuch Memorial, Certiticate or Indorfement, as is herein men- ^^ ^""^ °^.^"y tioned or diredted, and be thereof lawfully convifted, fuch Perfon or Perfons fliall incur and be liable to'thepVnifh- ^ to fuch Pains and Penalties as in and by an Act made in the fifth Year of Qu.een Elizabeth, intituled, ments in the An ASl againjl Forgers of falfe Deeds and TVritings, are impofed upon Perfons for forging and publifhing of Aft of 5 Eliz, falfe Deeds, Charters or Writings, fealed Court Rolls or Wills, whereby the Freehold or Inheritance of "^^ '4- any Perfon or Perfons of, in or to any Lands, Tenenements, or Hereditaments fliall or may be moleiled, troubled or charged; and that if any Perfon or Perfons fliall at any Time forfwear himfelf before the faid Perjury before Regifters or Mafters, or before any Judge, or Mafter in Chancery, in any of the Cafes herein mentioned, ^ '^^"^^'^^t,^?'' and be thereof lawfully convicted, fuch Perfon or Perfons fliall incur and be liable to the fame Penalties '^° ^ ''""' as if the fame Oath had been made in any of the Courts of Record at Wcjlmhifier. XVI. And be it further enacted by the Authority aforefaid. That in cafe of Mortgages, whereof Me- Upon Certificate morials flull be entered in the faid Regifter Office purfuant to this Act, if at any Time afterwards a Cer- to'^^^j^l^^/-^ tificate ihall be brought to the faid Regifters or Mafters, figned by the Mortgagee or Mortgagees in fuch ^^^ Money '^due Mortgage, his, her, or their Executors, Adminiftrators or Affigns, and attefted by two WitneiTes, where- on a Mortgage by it ihall appear that all Monies due upon fuch Mortgage have been paid or fatisfied in Difcharge there- entred in the of, which Witnefles fliall upon their Oaths before the faid Regifters or Mafters, or before a Mafter in K.'=g'ft''y> has Chancery, ordinary or extraordinary (who are hereby refpectively impowered to adminifter fuch Oath) the"Rfi^(f'^^' prove fuch Monies to be fatisfied or paid accordingly, and that they faw fuch Certificate figned by the jj^jn makran laid Mortgagee or Mortgagees, his, her, or their Executors, A.dminiftrators or Affigns; that then, and in Entry in tie every fuch Cafe, the faid Regifters or Mafters ftial! make an Entry in the Margents of the faid Regifter Margent, agamil Books againft the Regiftry of the Memorial of fuch Mortgage, that fuch Mortgage was fatisfied and 'he Inrolment, difcharged according to fuch Certificate, to which the fame Entry fliall refer, and fliall after file fuch ^' Certificate, to remain upon Record in the faid Regifter Office. XVII. Provided always, and be it further enacted. That this Act fliall not extend to any Copyhold This Act not to Eftates, or to any Leafes at a Rack Rent, or to any Leafe not exceeding one and twenty Years, where extend to Copy- the actual Pofleffion and Occupation goeth along with the Leafe, or to any of the Chambers in Serjeants hold Eftates, &c, Jnn, the Inns of Court, or Inns of Chancery; any thing in this Act contained to the contrary thereof in any wife notwithftanding. XVIII. And be it further enacted by the Authority aforefaid. That no Judgment, Statute or Recog- nizance, (other than fuch as fliall be entered into in the Name, and upon the prope;- Account of her Majefty, her Heirs and Succeflbrs) which fhall be obtained or entered into after the faid twenty-ninth Day of September in the faid ""I'ear of our Lord one thoufand feven hundred and nine, fiiall afreet or bind After 29 Sept., any Honors, Manors, Lands, Tenements or Hereditaments, fituate, lying, and being in the faid County '^1°9- ^° h^i- of Middkfex, but only from the Time that a Memorial of fuch Judgment, Statute, or Recognizance fliall ^tfJ^^'t^J^' c^, t^ be entered at the faid Regifter Office, expreffing and containing, in cafe of fuch Judgment, the Names as ar" entered 'in- of the Plaintiffs, and the Names, Additions, and Places of Abode, (if any fuch be in fuch Judgment) of to in the Name the Defendants, the Sums thereby recovered, and the Time of the figning thereof; and in cafe of of the Queen, Statutes and Recognizances, expreffing and contaming the Date of fuch Statute or Recognizance, the fl'^--' (hall bind Names, Additions, and Places of Abode of the Cognizors and Cognizees therein, and for what Sums, ^^^jl^j^j]"^"'^^ and before v/hom the fame were acknowledged; and that in order to the making an Entry of fuch Me- from the Tii.e morials of Judgments, Statutes and Recognizances, as aforefaid, the Party and Parties defiring the fime a Memorial fliall produce to, and leave with the faid Regifters or Mafters, to be filed in the faid publick or Regifter thereof ftall be Office, a Memorial of fuch Judgment, Statute, or Recognizance, figned by the proper Officer or his '^°"'^'*' ^'^• Deputy, who fliall fign fuch Judgment in the fame Office, or by the proper Officer, in whofe Office fuch Statute,' or Recognizance fliall be inrolled, together with an Affidavit fworn before one of the Judges at IVelhniiyhr, or a Mafter in Chancery, that fuch Memorial was duly figned by the Officer v/hofe Name fliall appear to be thereunto fet; which Memorial fuch refpeftive Officer is hereby required to give fuch Plaintiff or Plaintiffs, Cognizee or Cognizees, or his, her, or their Executors or Adminiftrators, or At- torney, or any of them, he, flie, or 'they paying for the fame the Sum of one Shilling, and no more. XIX. And be it further enacted. That the faid Regifter or Mafter fliall make an Entry, and likewife (if The Regifter to required) fliall give a Certificate in Writing under his Fland, teftified by two credible Witnefles, of every ^^ f;/" y"red) fuch Memorial of any Judgment, Statute, or Recognizance brought to him to be fo regiftred, as aforefaid, to give aCertifi- and therein mention the certain Day on which fuc'.i Memorial is fo regiftred or entred, expreffing alfo in cace of fuch what Book, Page, and Number the fame is entred. , Memorial, &. XX. And be it further enafted, That this A£t fliall be taken and allowed in all Courts within this Publick Act. Kingdom as a Publick Act, and all Judges, Juftices, and other Perfons therein concernsd, are hereby re- quired as fuch to take Notice thereof, without fpecial pleading the fame. XXI. And be it enadted by the Authority aforefaid. That no Member of Parliament fliall be capable No Member of •of being Regifter, or of executing by himfelf or any other Perfon or Perfons, the faid Office, or to have, ^V,''^™'V"t,'^^" take, or receive any Fee or other Profit whatfoever ifTuing out of the faid Office, or for or in Refpeft ^i'^^^ '^,^^ ^^^ thereof; nor fhall any fuch Regifter, or his Deputy, or any Perfon or Perfons receiving Profit out of the a„y°Regifter to faid Office, be at any. Time hereafter capable of being, or being chofen, a Member to ferve in Parliament, be a Member of Parliament. 25 Geo. 2, c, 4, Sie the 8 Gio, Z, C, 6, appointhga RegijOcrfor the North Riding in Vurkfiirc-- B b b 3 C A P. °