Page:Ruffhead - The Statutes at Large - vol 5.djvu/204

 164. C. 18. Anno tertio Georgii Regis. A. D. 1 7 16, I Ceo. c. 55. 3 CiCO, I. ft. : c. 29 CAP. XVIII. An Aft for explaining an Act parted the laft Seffion of Parliament, intituled, An Abl to oblige Papifts to regifter their Names and real Eftates; and for enlarging the Time of fuch regiftring; and for fecuring Purch.afes made by Proteftants. I.TT 7HEREAS by an Aft made in this prefent Parliament, intituled, An Ac! to oblige Papifts to re- W gtfter their Names and real 'Eftates, it is enacted, That all and every Perfon and Perfons not hav- ing taken the Oaths therein mentioned before the laft Day of Trinity-term in the Year of our Lord one thousand feven hundred and fixtcen, haying any Eftate or Intereft in any Lands, Tenements or Here- ditaments, or who fhould thereafter have any Eftate or Intereft in any Lands, Tenements or Heredita- ments lying, being or arifing in that Part of Great Britain called England, or in It'ales, or the Town of Bertvick upon Tweed, who was or fhould be a Popifh Recufant or rapift, or was or fhould be educated in the Popiih Religion, or whofe Parent or Parents fhould be a Papift or Papifts, or who fhould ufe or proftfs the Popifh Religion, fhould take the Oaths and repeat and fubferibe the Declaration therein mentioned, at fuch Times and in fuch manner as is therein exprefled, or in Default thereof fhould, within the Space of fix Months next after the Time thereby appointed for him, her or them to take the faid Oaths, regifter or procure to be regiftred his, her or their Name or Names, and all fuch Lands, Tenements and Hereditaments whereof he, fhe or they, or any Truftee or Truitees for him, her or them, or his, her or their Benefit or Advantage, fhould be in the Poffeffion or in Receipt or Perception of the Profits, in fuch Manner and Form as is therein exprefied; upon pain that the Perfon and Perfons wilfully neglecting or refufing fo to do, or committing any Fraud in fuch Regiftry, fhould forfeit the Fee-fi i.ple and Inheritance of all fuch Lands, Tenements and Hereditaments not regiftred or frau- dulently regiftred, whtreof he, fhe or they, or any Perfon or Perfons in Truft for him, her or them, was or were fuzed in Fee-fimple at the Time of fuch Default or Fraud in regiftring as aforefaid, and the full Value of the Inheritance of all fuch Lands, Tenements and Hereditaments not regiftred or frau- dulently regiftred as aforefaid, whereof he, fhe or they, or any Perfon or Perfons in Truft for him, her or them, was not or were not feized in Fee-fimple at the Time of fuch Default or Fraud as aforefaid; two Third Parts whereof to the King, and the other Third Part thereof to fuch Perfon or Perfons-, being a Prot-ftant or Proteftants, as fhould fue for the fame at the Common Law in any of his Majefty's Courts at Weftminfter or in the High Court of Chancery, as by the faid Aft more fully appears :' For _. f the amending and explaining the faid Aft, and giving a further Time to Papifts to regifter their Names and Pa ifts'tTrfg°;ftri rea l Eftates; Be it therefore enafted by the King's moft Excellent Majefty, by and with the Advice and theirNames and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and real Eftates en- by the Authority of the fame, That the Time for fuch regiftring be enlarged, and the fame is hereby en- larged to oa. i ar ged to the twentieth Day of Ocloher one thoufand feven hundred and feventeen. 20, J717. ° J Farther enlargid by 31 Ceo. 2. c. 11. end 33 Geo. 2. c. 13. No Suit for Frauds in icgi- itring ihall be commenced af- ter two Years. "Where Manors. II. And be it further enafted by the Authority aforefaid, That no Aftion or Suit for any Penalty or Forfeiture contained in this or the faid former Aft, for wilfully neglefting or refufing to regifter, or for committing Fraud in fuch Regiftry, fhall be commenced or brought after two Years after the Offence committed, again ft any Perfon offending therein. III. And be it further enafted by the Authority aforefaid, That where it fhall happen that any Manors fee. lie in more or reputed Manors, Demefne or other Lands, or entire Farms, do lie in more Counties than one, the re- Counties than gjftjing of fuch Manors, Lands, Tenements and Hereditaments in the County only where the Manor- cne, they ftaU nou r- e or the Houfe or Houfes to the faid Farm or Lands do lie, and not in feveral Counties, taking Notice ihYcounty only thereof in the faid Regiftry that the fame do extend to fuch other County or Counties, fhall be a fufficient where the Ma- regiftring of fuch entire Manors, Farms or Lands within the true Intent and Meaning of the faid recited Aft. ' IV. And whereas fome Doubts have arifen, as well upon the faid recited Aft, as alfo upon one other ' Aft made and paffed in the Parliament held in the eleventh and twelfth Years of the Reign of the late ' King William the Third, intituled, An Ail for the further preventing the Groivth of Popery; and upon ' another Aft made in the firft Year of the Reign of the late King James the Firft, for the due Execution 4 Popifh Recufants, touching the Sale of the real Eftates of Perfons profeffing the Popifh Religion, or in- curring the Difabilities and Incapacities in the faid Afts mentioned :' Be it enafted by the Authority Confideration of aforefaid, That no Sale for a full and valuable Confideration of any Manors, Meffuages, Lands, Tene- any Manors, &c. ments or Hereditaments, or of any Intereft therein, by any Perfon or Perfons being reputed Owner or Owner r &c!made Owners, or in the Poffeffion or Receipt of the Rents and Profits thereof, heretofore made or hereafter to or to be' made to be made, to and for any Proteftant Purchafer and Purchafers, and meerly and only for the Benefit of Pro- any Proteftant, teftants, fhall be avoided or impeached for or by reafon or upon Pretence of any of the Difabilities or In- itial! be avoided capacities in the faid Afts or any of them contained, incurred or fuppofed to be incurred by any of the theD'!ftbnitiesin P er f° ns making or joining in fuch Sale, or by any other Perfon or Perfons from or through whom the Ti- the recited Adls. tie to fuch Manors, Meffuages, Lands, Tenements or Hereditaments, or any Intereft therein, is or fhall uniefsfuch M a - be derived or fuppofed to be derived, unlefs befgre fuch Sale the Perfon entitled to take Advantage of fuch nors, &c. wee Difability jior Houfe ftands. ii &12 W. 3, c. 4. 3 jac. I. c. 4. NnSaleforafuIl '
 * of the Statutes againft Jefuits, Seminary Friefts, Recufants, and other Afts made aginft Papifts and