Page:Ruffhead - The Statutes at Large - vol 7.djvu/431

 A. D. 1752. Anno vicefimo quinto Georgii II. C. 5, 6. 41.1 ' King's Bench Office, who might properly have executed the faid Place or Office of one of fuch Regifl:ers ' or Mafters for the Purpofes mentioned in the faid AtSt, inftead of the faid Chief Clerk, had there been ' Deputy in the Court of £'A-t7;;'^.';'«-;' Be it therefore enafted by the King's moil: Excellent Majefly, by and with the Advice and C'onfent of the Lords Spiritual and 'I'emporal, and Commons, in this prefent Parliament allembled, and by the Authority of the fame, That from and after the twenty-fifth Day oi Dc- iembev one thoufand feven hundred and fifty one, the Deputy or Secondary of the Chief Clerk to inrolThe Deputy of Pleas in the King's Bench for the Time being, called, The Mnjcr of the King's Bench Office, fliall be, and^"-' Chi^ Clerk is hereby conftituted and appointed one of the Regifters or Mafters of the Office for the Matters and gf^""' ^ ^^^' Thine;s contained in the before-recited Aft, in the Room, Place and Stead of the faid Chief Clerk, to inrol Pleas in the King's Bench, with the like Powers and Authorities to all Intents and Purpofes as by the faid recited Aft is thereby given to fuch Chief Clerk; and the Chief Clerk to inrol Pleas in the ]{;,i:r's'-'^''^C'"^ ^- Bench ftiall be, and is, by virtue of this Aft, difcharged from being one of the R( gifters or Mafters for in- ^"■"'fR^l^J,. rollijig fuch Deeds, Wills, and other Conveyances for the faid Counter of Mtddlefex as are mentioned in =>"■•. the before-recited Aft, and of and from any Difabllity or Licapacity which fuch Chief Clerk, as one of the faid Regifters, would have been fubjeft or liable to by virtue thereof. II. And be it enafted by the Authority aforefaid. That fuch Deputy, or Secondary, called, 77'^: yl/v/?(.7-Depi'-ty to take e^r'/)i? King's B:nch Office, fhall, before he enters upon the Execution of the faid Office of one of fuch Re-Q^°/"^ gifters or Mafters, take the Oath mentioned and prefcribed to be taken by every fuch Regifler or Mailer in "' and by the afore-recited Aft ; and fhail alfo enter into fuch Recognizance in fuch Sum of Money, and ^'"^ f° "='■ '"'<> vvi h fufficient Sureties, to be approved of in fuch Manner and Form as therein mentioned and fet forth j ^"ot'n'Z-n<:'^j and fliall be liable to fuch and the like Penalties and Forfeitures for any Milbeha^'iour or Negleft of Duty in the Execution of the faid Office of one of fuch Regifters or Mafters, as any of the other Regifters or Mafters are liable and fubjeft to by virtue of the before-recited Aft. III. And be it alfo enafted by the A.uthority aforefaid. That this Aft, and every Claufe, Matter and ^""'^ ^^" Thing herein contained, ftiall be taken and allowed, in all Courts within this Kingdom, as a publick Aft ; and all Judges, Juftices, and other Perfons therein concerned, are hereby required as fuch to take notice _ thereof, v/ithout fpecially pleading the fame. C A P. V. An Aft to continue and make more efFeftual an Aft pafled in the feccnd Year of the Reign of his prefent Majefty, for repairing the Highways between Sheppard's iihord and Hurjlcy Upright Gate, leading down Bcii^doivn Hill, in the County of IVilts, and other ruinous Parts of the Highways thereunto adjacent. P R. [The Aft 2 Geo. 2. c, 12. continued for 21 Years.] CAP. VI. An A6t for avoiding and putting an end to certain Doubts and Qiieftions relating to the At- tertation of Wilis and Codicils concerning Real Eftates in that Part of Great Britain called England, and in liis Majefty's Colonies and Plantations in Anerica. ' Vy 6'/;ff;7« the Second, intituled, Jn JSl for Prevention of Frauds cmd Perjuries ; it is amongft other§. 5. ' Things enafted. That from and after the twenty-fourth "i^Ay'oi Jjine in the Year of our Lord one thou- ' fand fix hundred and feventy-fevcn, all Devifes and Bequcfls of an)' Lands or Teiicmejus devifcable, ' cither by Force of the Statute of ¥ills, or by that Statute, or by Force of the Cu'lom of Ke-nt, or the ' fo de.ifing the fame, or by fome other Perfon in his Prefence, and by his exprefs Dircftion ; and fhall ' be attefted and fubfcrlbed in the Prefence of the faid Devifor, by three or four credible Witnefles, or ' elfe they fnall be utterly void and of non.- Efteft, which hath been found to be a wife and good Provifion : But whereas Doubts have arifen who are to be deemed legal Witnefles within the Intent of the faid ick ;' " ■ - ■ ■, ^, ■ , „ T- ,, . HT ■ n , 1 j til til g ament _ _^ ^ ill OrDevifee, &c. at- Codicii which drall be made after the twenty-fourth Day of Jniie in the Year of our Lord one'thoufand f«^i"B, the De- ieven hundred and fifty-tv/o, to whom any beneficial Devlfc," Legacy, Eftate, Intereft, Gif; o"" ^PP°'"'^'admhKd'to prove ment of or aftefting any Real or Perfonal Eftate, other than and except Charges on Lands, Fenements orthe y/iu. Hereditaments for Payment of any Debt or Debts, fhall be thereby given or m.adc, fuch Devife,_ Legacy, Eftate, Intereft, Gift or Appointment, fliall, fo far only as co-icerns fuch Perfon attefting the Execution of fuch Will or Codicil, or any Perfon claiming under him, be utterly null and void ; and fuch Perfon fliall be admitted as a Witnefs to the Execution of fuch Will or Codicil, within the Intent ot the faid Aft; notwithltanding fuch Devife, Legacy, Eftate, Intereft, Gift or Appointment mentioned in fuch Will or Codicil. II. And be it further enafted by the Authority aforefaid. That in cafe, by any Will or Codicil alreadyCrcditor nttcO- made or hereafter to be made, any Lands, 'Fenements or Hereditaments are or ftiall be charged with anying. admitteO a Debt or Debts ; and any Creditor whofe Debt is fo chareed, hath attefted or fliall attcft the E.ecution of '■^''"'^^'^ Ggg 2 fuch ' But whereas Doubts have arifen who are to be deemed legal Witnefles within the Intent of the faid f- Thcrefore, for avoiding the fame. Be it enafted by the King's moft Excellent Majefty, by and w- it! Advice and Conient of the Lords Spiritual and Temporal, and Commons, in this prefent Parliar allembled, and by the Authority of the fame, That if any Perfon ftiall atteft the Execution of any Wi
 * fpeftion and Management of the faid Chief Clerk's Dej-uty, or Secondary, called, Tlis Mnjlcr of the
 * Autliority given to fuch Chief Clerk's Deputy to execute the faid Place or Office of one of the faid Re-
 * gifters or R'laflers, as is by the faid recited Aft given to the Qiicen's (now King's) Remembrancer's
 * ^T 7HERE AS by an Aft made in the twenty-ninth Year of the Reign of his late Majefty King^g civ. z. c, 3,
 * • Cuftom of any Borough, or any other particular Cuftom, Ihall be in Writing, and figncd by the Party