Page:Ruffhead - The Statutes at Large - vol 5.djvu/135

 A. D. r 715. Anno primo Georgii Regis. Stat 2. C. 55. 95 required to make fearch on the Rcqueft of any Peifon or Pcrfons who {hall pay fuch Fees, and alfo fhall permit and differ fuch Perfon and Perfons to infpect and fearch the fiid Tables, Books and Rolls, and in- fpect fuch Letters of Attorney as fhall be fo filed, if he or they fhall defire it ; and every fuch Clerk of Clerk of ih- the Peace is hereby required to give Copies of fuch Regiftries, fubferibed by himfclf or his lawful De- f*** (h - y - "'* puty, to every Perion and Perfons who fhall defire fuch Copies, ami tender hin the Fees hereby appointed c "£- s ol K -- to be paid for the fame; and fhall fuffer fuch Perfons who fhall requeft him fo to do> to examine the fame 8 ' ' with the Roll or Books by him kept, and for fo doing fhall take a Fee of three Pence Tor every tvitb hundred Words contained in every fuch Copy as fhall be fo taken, and no more ; and if any Clerk of the Peace fhall 3n * rcru . r ' neglect or refufe to do any of the Matters or Things hereby appointed to be done by him, and be thereof lav/- forf - uhls uH>"- fully conviited, he fhall thereby forfeit his Office ; and if any fuch Perfon or Perfons, who is or are hereby f" cal T^i^2 required or intended to take and fubferibe fuch Oath, and repeat and fubferibe fuch Declaration, as gfore- thc'oatlw or. 8 faid, or in Default thereof, to regifter or caufe to be regiftred, his, her or their Name and Names, Eftatenot regiftring and Eftates, as aforefaid, fhall not either take and fubferibe fuch Oath, and repeat ar.d fubferibe fuch l| >c'f Eftat«,&c Declaration, as aforefaid, in fuch Manner, as aforefaid, or regifter his, her or their refpcJ.ive Name and Names, and Eftate, in fuch Manner, as aforefaid; and alfo fubferibe his, her or their refpedtive Name or Names to fuch Regiftry, or procure the fame to be fubferibed thereto by his, her or their respective Attorney or Attornies, lawfully authorifed, as aforefaid, fo to do, within the refpective Times herein before limited or appointed for his, her or their doing thereof, or fhall not regifter the fame truly; that then and in every fuch Cafe, the Perfon and Perfons wilfully neglecting or refufing fo to do, or committing any Fraud in fuch Regiftry, fhall forfeit the Fee-fimple and Inheritance of all fuch Lands, Tenements and Heredita- ments not regiftred, or fraudulently regiftred, whereof he, fhe or they, or any Perfon or Perfons in Truft: for him, her or them, was or were feized in Fee-fimple at the Time of fuch Default or Fraud in re- giftring, as aforefaid, and the full Value of the Inheritance of all fuch Lands, Tenements and Heredi- taments not regiftred, or fraudulently regiftred, as aforefaid, whereof he, fhe or they, or fome Perfon or Perfons in Truft for him, her or them, was not or were not feifed in Fee-fimple at the Time of fuch De- fault or Fraud, as aforefaid; two third Parts thereof to the King, and the other third Part thereof to fu C h Forr<:;tur<:s > h °* f^erfon or Perfons, being a Proteftant or Proteftants, who fhall fue for the fame at the Common Law, ^ j;'^™ in any of his Majefty's Courts at Wejlminjler, by fuch Action, Bill, Plaint, Suit or Information, or other Procefs as fhall be proper, according to the Nature of the Cafe, and of the Thing fued for, or in the High Court of Chancery; and the Perfon fo fuing fhall be intitled in the High Court of Chancery to demand all fuch Difcoveries as he might do if he were a Purchafer upon a valuable Confederation of the Eftate fo fued for; and to demand a true Difcovery from all Perfons of all fuch Incumbrances and Titles which any way do or may affect the fame, and of all Trufts relating thereto or protecting the fame; to which Bill or Bills no Plea or Demurrer fhall be allowed, but the Defendant or Defendants fhall fufriciently -anfwer the fame at large; and alfo that the Perfon fuing for any fuch Real Eftate may, -if he fhall think fit, bring an Ejectment for the fame upon his own Demife, and give this Act and the fpecial Matter in Evidence ; and if it fhall appear upon Trial of fuch Ejectment, that the Eftate fued for is the Eftate of the Perfon fo neglecting to regifter, or fraudulently regiftring, and the Defendant fhall not he able to make it appear that he took the faid Oaths, and repeated and fubferibed the faid Declara- tion, in fuch Manner as aforefaid, or otherwife that he regiftred his Name and the Eftate fo fued for in iuch Manner as aforefaid, a Verdict fhall be given for the Leffor of the Plaintiff in fuch Ejectment, and Judgment fhall be thereupon had in fuch Manner as is ufual upon Verdicts in Ejectment, and the Leftor of the Plaintiff fhall have Cofts of Suit, as is ufual when judgment in Ejectment is recovered by, or given for the Leffor of the Plaintiff; and by fuch Judgment two third Parts of the Lands, Tenements and He- reditaments fo recovered, fhall be veiled in the King's Majefty, his Heirs and Succefibrs, and the other third Part thereof in the rerfon who fhall be the Leffor of the Plaintiff in the faid Ejectment. II. Provided always neverthelefs, and be it enacted by the Authority aforefaid, That if any Perfon or Pei| " or|S tej»nd Perfons, who is or are hereby required or intended to take and fubferibe fuch Oath, and make and fub- Sea ° n J' JnE lS ' feibe fuch Declaration, or to make fuch Regiftry, as aforefaid, fhall be beyond the Seas upon the eigli-o^^^.;'^"" teenth Day of June one thoufahd feven hundred and fixteen, that then and in fuch Cafe, if fuch Perfon orMiy io. 1 7 : 7. Perfons fhall take the 0:iths, or repeat and fubferibe the Declaration hereby appointed to be taken, re- or procuring plated and fubferibed in fuch Court, and in fuch Manner as the fame are hereby before appointed to be th ^ I 5 a ] ; s ? e! .'*f • taken, repeated and fubferibed, on or before the twentieth Day of May one thoufand feven hundred and^^^^V Teventeen, or in default thereof fhall procure his or their refpective Name and Names, Eftate and Eftates ft, e( ^'flia]! b= to be regiftred in fuch Manner, as aforefaid, at any Time within fix Months next after the faid twentiethgood and effee- Day of May one thoufand feven hundred and feventeen, that then and in fuch Cafe, fuch taking the Oaths tuaJ - and repeating and fubferibing the faid Declaration, or fuch Regiftry of his or their refpedfive Name or Names, and Eftate or Eftates, fhall be as good and effectual, in refpect of every fuch Perfon and Perfons fo being beyond Sea upon the faid eighteenth Day of 'June one thoufand feven hundred and fixteen, as it would have been if fuch Perfon had taken the faid Oaths, and repeated and fubferibed the faid Declaration on or before the twentieth Day of January one thoufand feven hundred and fixteen, in fuch Manner as aforefaid, or had regiftred his Name and Eftate in fuch Manner as aforefaid, within fix Months next after the faid twentieth Day of January one thoufand feven hundred and fixteen. III. Provided, That in cafe fuch Perfon or Perfons fo making Default, or committing any Fraud in re- Purchafer?, &c. Fenemeiiis