Page:Ruffhead - The Statutes at Large - vol 6.djvu/243

 A. D. 1735. Anno octavo Georgii II. C. 6. j8i 1 be it further enacted by the Authority aforefaid, That in cafe of Mortgages, Judg- Certificates of ., and Recognizances, whereof Memorials fhall be entred in the faid Register Office, or "arged ? how'to gages, where the Mortgage Deed Shall be regiftrcd at full Length, purfuant to this Act, beregiilred. afterwards a Certificate ihall be brought to the faid Register, or his Deputy, figned by in fuch Mortgage, Plaintiffs in fuch Judgment, Cognifees in fuch Statute or Recogni- ments, Statutes-, and Recognizances, whereof Memoria. in cafe of Mortg: if at any Time the Mortgagees zance, "their respective Executors, Administrators, or Ailigns, and attested by two WitneSfes, whcicby it Ihall appear, that all Monies due upon fuch Mortgage, Judgment, Statute, or Recognizance refpec- tively, have been paid or Satisfied in Dilcharge thereof (which Witneffes (hall upon their Oath, before any one of the Judges of his MajeSty's Courts of Kind's Bench, or Common Pleas, or any one of the Barons of the Court of Exchequer, or before any one of the Mailers of the Court of Chancery, or before the laid Regifter, or his Deputy, who are hereby respectively impowered to administer fuch Oath, prove fuch Monies to be fatisfied or paid accordingly, and that they faw fuch Certificate figned by the faid - that then, the faid Legi or R e- cognizance, or againft fuch Deed regiftred at full Length respectively, that fuch Mortgage, Judgment, Statute or Recognizance respectively, was fatisfied and discharged according to fuch Certificate, to which the fame Entry ihall refer, and ihall after file fuch Certificate to remain upon Record, in the faid Regi- fter Office. XXXIII. Provided nevertheless^ and be it enacted,^That if any Judgment, Statute or Recognizance judgments, &c. be registered in the of, all the Lands th ing, (hall be bound zance, within the Time aforefaid, (hall be as available to all Intents and Purpofes, as if fuch Memorial thereof had been entred in the faid Regifter Office on the Day of the Signing or Acknowledgment of fu.h Judgment, Statute or Recognizance. to the contrary thereof in any wife notwithstanding. XXXV. And be it further enacted by the Authority aforefaid, That in all Deeds of Bargain and Deec!s of Bar _ Sale hereafter inrolled in purfuance of this Act, whereby an Eftate of Inheritance in Eee-fimple is li- gain and Sale mited to the Bargainee and his Heirs, the Words grant, bargain, and fell fhall amount to, and be °' Eftates of conitrued and adjudged in all Courts of Judicature to be, exprefs Covenants to the Bargainee, his Heirs jmpiy&ve? and Ailigns, from the Bargainor, for himfelf, his Heirs, Executors and Administrators, that the Bar- nants. gainqr, notwithstanding any Act done by him, was at the Time of the Execution of fuch Deed Seized of the Hereditaments and Premises thereby granted, bargained and fold, of an indefeazable Eilate ia Fee-Simple, free from a 1 Incumbrances (Rents and Services due to the Lord of the Fee only excepted) and for quiet Enjoyment thereof againft the Bargainor, his Heirs and Afugns, and all claiming under him, and alio for further Affurance thereof to be mace by the Bargainor, his Heirs and Affigns, and all claiming under him ; unlefs the fame (hall be reftrained and limited by exprefs particular Words con- tained in fuch Deed; and that the Bargainee, his Heirs, Executors, Administrators and ASSigns respec- tively, (hall and may, in any Action to be brought, aSfigr: a Breach or Breaches, thereupon, as they might do in cafe Such Covenants were exprefly inserted in fuch Bargain and Sale. XXXVI. And be it further enacted, That every Leaf of the aforefaid Regifter Books, and Inrol- Everyteafof ment Books, Shall be figned by two Justices of the Peace of the Said Riding (to be from time to time ap- l'^ V.ra'ed'by '° pointe I by the Justices of the Peace therecf, or the major Pavt of them, at their General Quarter-SeS- 'j wo juftices, fions of the Peace affembled) who are hereby required to Sign the fame accordingly; and that an Eniry and eotre4 .E_. thereof fhall be made from time to time, by the Clerk of the Peace of the faid Riding for the time be- the Clerk of the ing, in the Order Book of the fame Sefiions, and figned by the fame JuStices of the Peace that (hall from Peace. time to time Sign the Said Regifter Books, and Inrolment Books, to remain upon Record amongSt the Records of the (aid Seffions ; and that a like Entry (hall be made upon Record, and figned as aforefaid, of the Number of the fame Books, and how called or marked, and how many Pages each' of them cop.t- tains, that are at any Time, and from time to time ufed in the Said Regifter Office. from iei t. the laid Office, or for or in refpect thereof; nor (hail any fuch Regifter, cr his Deputy, or any Per- fon or Perfons receiving Profit out of fuch Office, be capable of being a Member to ferve in. Par- liament. XXXVIII. And be it further enacted, That this Act (halt be taken and allowed in all Courts in this Publick Act.. Kingdom as a publick Act, and ail Judges, Jufiices, and other Perfons therein concerned, are hereby required to take Notice thereof as fuch, without Specially pleading the fame. C A- P.