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8 Anne 10. Sec. 3.
by letter of said act satisfaction of mortgages frequently cannot be acknowledged:
where memorial of mortgage registered, and payment of the money cannot be proved, as by 8 Anne 10, if afterwards certificate of mortgagee. &c. brought to register with 3 witnesses of payment, and affidavit of mortgagee, &c. of not knowing any other concerned, one of the witnesses making affidavit that he saw such certificate signed and affidavit sworn, and mortgagor, &c. producing original cancelled, or another certificate provedns aforesaid of mortgagee, &c. that it is soft or destroyed,
Register for each affidavit to take 6 d.
and then to enter satisfaction.
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III. And whereas by an act of Parliament made in the eighth year of the reign of her said late Majesty Queen Anne, intituled, An act for amending an act, intituled, An act for the publick registring of all deeds, conveyances, and wills, that shall be made of any honours, mannors, lands, tenements, or hereditaments; it is en enacted, “That in case of mortgages, whereof memorials then had been entred, or should be entred, in the said register-office pursuant to the said first mentioned act, if at any time afterwards a certificate should be brought to the register of the said office, or his deputy, signed and sealed by the respective mortgagee or mortgagees in such mortgage, his, her, or their respective executors, administrators, or assigns, and attested by two or more witnesses, one of which witnesses should by affidavit, to be made in manner by the said last recited act directed, prove such money to be satisfied and paid accordingly, and that he or the saw such certificate signed and sealed as aforesaid; that then the said register, or his deputy, should make an entry in the margin of the registry books against the registry of the memorial of such mortgage, that such mortgage was satisfied and discharged according to such certificate:” and whereas satisfaction on all judgments can be acknowledged in the courts of King’s bench, Common pleas, and Exchequer, and also satisfaction on all statutes staple and statutes merchant entred in the high court of Chancery, by virtue of a warrant of attorney perfected by the parties recovering such judgments; and conusees of such statutes, for entring such satisfaction; upon oath made by one of the subscribing withesses to the said warrant of attorney, that such warrant was so perfected by such party or conuzee: and whereas many mortgages, whereof memorials are registred in the said register-office, have been justly satisfied and discharged by accounts between mortgagors and mortgagees, their heirs, executors, administrators, or assigns, or by bills of exchange, new securities, or otherwise: yet nevertheless it hath been often found impracticable for the person or persons satisfying and discharging the same to make such proof thereof, as the letter of the said last recited act requires, and therefore satisfaction cannot be acknowledged in the said register-office, but the entries or memorials of such mortgages remain upon record, as though such money due by such mortgages had not been satisfied and paid; which is found by experience to be greatly prejudicial to the persons making such mortgages: for remedy thereof, be it further enacted by the authority aforesaid, That in case of mortgages, where memorials have already been entred and registred, or that hereafter shall he entred or registred, in the said register-office; and when the payment of the money cannot be proved, as in the said last recited act is directed, if at any time afterwards a certificate or certificates shall be brought to the said register, or his deputy, signed and sealed by the respective mortgagee or mortgagees in such mortgages, his, her, or their executors, administrators, or assigns respectively, and attested by three credible witnesses, at the least, to be named in such certificate, with the places of their abodes and occupations, importing, that the money due by such mortgages, and the interest thereof, has been duly paid and satisfied to the said mortgagee, his, her, or their executors, administrators, or assigns respectively, or to some person or persons by his, her, or their order, and such mortgagee or mortgagees, his, her, or their executors, administrators, or assigns, making affidavit in writing at the foot or on the back of such certificate before the said register, or his deputy, or before some of the persons impowered by the said two recited acts, or either of them, who are hereby required and impowered to administer such oath, that he, she, or they, do not know of any other person or persons concerned in interest in such mortgage or mortgages, and one of the witnesses to such certificate by affidavit to be made by him before the said register, or his deputy, or before some of the persons impowered by the said two recited acts, or either of them, who are hereby required and impowered to administer such oath, proving, that he or she saw such certificate duly signed and sealed by the said mortgagee or mortgagees, his, her, or their respective heirs, executors, administrators, or assigns, and saw such affidavit sworn by such mortgagee or mortgagees, his, her, or their executors, administrators, or assigns, and upon the mortgager, or his heirs, executors, administrators, or assigns, his, her, or their attorney or agent, producing to the said register, or his deputy, the original mortgage so registred, cancelled, if the same be extant and in being; and if the same be lost, or accidentally destroyed, then upon such mortgagor, his heirs, executors, administrators, or assigns, leaving with the said register, or his deputy, another certificate signed and sealed by the mortgagee, his heirs, executors, administrators, or assigns, that the said mortgage is lost or accidentally destroyed; which certificate to be attested by three credible witnesses at least, to be named in such certificate, with the places of their abodes and occupations, and one of the witnesses to such certificate by affidavit, to be made as aforesaid, proving that he saw such mortgagee, his, her, or their heirs, executors, administrators, or assigns, duly sign and seal such certificate, for each of which affidavits so made before the said register, or his deputy, the sum of six pence, and no more, shall be taken; then and in every such case the said register, or his deputy, is hereby required to make an entry on the said registry books against the registry of the memorial of such mortgage, as also at the foot or on the back of the memorial of such mortgage, that such mortgage was satisfied and discharged according to such certificate; any thing in the said two recited acts, or either of them, to the contrary thereof in any wife notwithstanding.
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