Page:Ruffhead - The Statutes at Large - vol 6.djvu/240

 178 C. 6. Anno oftavo Georgii II. A. D. In cafe of fe- moral Writings, ■'the 1'iirri. nl ,rs may So only Memorials of Wills. Wills comefted. VIS- all Courts of Record whatfoever ; any thing in this Act to the contrary thereof contained in any wife notwithftandiiirr. XIV* Provided always, and be it enacted, That where there are more Writings than one for making and perfecting any Conveyance or Security, which do name, mention or any Ways affect or concern the fame Honors, Manors, Lands, Tenements or Hereditaments, it (hall be a Sufficient Memorial and Re- mentioned once, gifter thereof, if all the fame Manors, Lands, Tenements and Hereditaments, and the Parishes, Town- (hips, Hamlets or Extraparochial Places wherein the fame lie, be only once named or mentioned in the Memorial, Regilter and Certificate of any one of the Deeds or Writings made for the perfecting of fuch Conveyance or Security ; and the Dates of the reft of the faid Deeds or Wiitings relating to the (aid Conveyance or Security, with the Names and Additions of the Parties and Witnelfes, and the Places of their Abodes, be only fet down in the Memorials, Regifters, and Certificates of the fame, with a Re- ference to the Deed or Writing whereof the Memorial is lb regiftred, that contains or expreffes the Parcels mentioned in all the faid Deeds, and Directions how to find the regiftring the fame. XV. Provided alSo, and it is hereby enacted, That all Memorials of Wills that (hall be regiftred in Manner as aforefaid, within the Space of fix Months after the Death of every reipective Devifor or Te- statrix dying within the Kingdom of Great Britain, or within the Space of three Years after the Death of every repfective Devifor or Teftatrix, dying upon or in any Parts beyond the Seas, (hall be as valid and effectual againit fubfequent Purchasers, Judgments, Statutes and Recognizances, as if the fame had been regiftred immediately after the Death of fuch reipective Devifor or Teftatrix; any thing herein con- tained to the contrary thereof in any wife notwithstanding. XVI. Provided always, That in cafe the Devifee or Perfon or Perfons interefted in the Honors, Mi- nors, Lands, Tenements or Hereditaments, devifed by any fuch Will as aforefaid, by reafon of the contefttrig inch Will or other inevitable Difficulty, without his, her or their wilful Neglect or Default (hall be difabled to exhibit a Memorial for the Registry thereof within the reipective Times herein before limited, and that a Memorial (hall be entred in the laid Office, of fuch Conteft or Impediment, within the- Space of Six Months after the Deceafe of fuch Devifor or Teftatrix. who (hall die within the King- dom of Great Britain, or within the Space of three Years next after the Deceafe of fuch Perfon who llial.1 die upon or beyond ihe Seas; then, and in fuch Cafe, the Regiftry of the Memorial of fuch Will wi.hin the Space of (ix Months next after his, her or their Attainment of fuch Will, or a Probate thereof, or Removal of the Impediment whereby he, She or they are diSabled or hundred to exhibit fuch I- einoiil, (hall be a Sufficient Regiftry within the meaning of this Act; any thing herein contained to the contrary thereof in any wife notwithstanding. ' v 11 Yovidcd nevertheless, That in cal'e of any Concealment or Suppreffion of any Will or Devife, no Purchafer or Purchafers, for valuable Consideration, (hall be defeated or disturbed in his or their Pur- chale, nor any Plaintiff in any Judgment or Cognife of any Statute or Recognizance, Shall be defeat- ed of his or their Debts, by any Title made or devifed by any fach Will, unlets the Will be actually re- giftred within three Years after the Death of the Devifor or Teftatrix. XVIII. And be it further enacted by the Authority afoiefaid, That all and every Memorial of Judg- ments, Statutes and Re ognizances, fo to be entred and regiftred at the faid Regilter Office as aforefaid, (hall be in Writing, and exprefs and contain, in cale of fuch Judgment, the Names of the Plaintiffs, and the Names and Additions therein of the Defendants, the Sums thereby recovered, and the Tune of the Signing thereof; and in cafe of Statutes and Recognizances, the Daie of fuch Statute or Recogni- zance, the Names and Additions of the Cognifors and CogniSees therein, and for what Sums, and be- fore whom the fame were acknowledged ; and that in order to the making an Entry of fuch Memorials of Judgments, Statutes and Recognizances as aforefaid, the Party and Parties defiring the fame (hall produce to, and leave with, the (aid Register or h s Deputy, to be filed in the faid PubJick or Register Office, a Memorial of fuch Judgment, Statute or Recognizance, Signed by the proper Officer or his Deputy, who (hall (ign Such judgment, or his SucceSfor in the Same Office, or by the proper O.fic.r in whofe Office Such Statute or Recognizance (hall be inrolled, together with an Affidavit Sworn, or Solemn Affirmation in Writing of a Perion of the Perfualion of the People called 'Quakers., made be. "ore one of the Judges at Wtyimi';/?er, or a Mafter in Chancery, that Such Memorial was duly Signed by the Officer whole Name (hall appear to be thereunto Set ; which Memorial fuch reipective Officer is hereby re- quired to give fuch Plaintiff or Plaintiffs, Cognifee or Cognifees, or his, her or their Executors or Administrators, or Attorney, or any of them, he, (he or they paying for the fame one Shilling, and no more. XIX. And be it further enacted, That the faid Regilter or his Deputy Shall make an Entry, and Iikewife (if required) Shall give a Certificate in Writing under h : s Hand, teftified by two credible Wit- nelfes, of every fuch Memorial of any Judgment, Statute or Recognizance, brought to him to be fo re- giftred as afoiefaid ; znd in fuch Book wherein Such Memorial (hall be entred, and alio in Such Certi- ficate to be fo given, (hall mention the certain Day and Hour or Time of that Day, on which fuch Me- morial is i'o regiftred or entred ; and in fuch Certificate Shall mention in what Book, Page and Number the lime Memorial is entred. XX And be it f rther enacted, That fuch Register Shall duly file every fuch Memorial of Deeds, Conveyances, Wills, Judgments, Statutes and Recognizances, in order of Time, as the fame Shall be' brought to the Said Regilter Office, and (hall enter or regilter the fame Memorials in the fame Order that they (hall refpectively come to his Hands. ' XXI. And whereas by an Act or Parliament made in the twenty-Seventh Year of the Reign of King- ' Henry the Eighth, intituled, For lnrchmnts of Bargains and Sales, it is enacted, That no Manors. ' Lands, Tenements or other Hereditaments, ilia.ll pals, alter or change from one to another, whereby ' any Concealment. Wills. • Memorials of Judgments, St-.tutcs ami Re<psnizjnce« tee. Method of re jillring, and filing. Ri'rital of the Art 27 H. 8. «. 16.