| |
WHEREAS by an act of Parliament made in this kingdom in the sixth year of the reign of her late Majesty Queen Anne, intituled, An act for publick registring of all deeds, conveyances, and wills, that shall be made of any honours, mannors, lands, tenements, or hereditaments, it is among other things, enacted, “That all and every memorial to be entered or registred, as by the said act is prescribed, shall be put into writing in vellum or parchment, and directed to the register of the office therein appointed; and, in case of deeds and conveyances, shall be under the hand and seal of some or one of the grantors, or some or one of the grantees, his, her, or their guardians or trustees:” and whereas a doubt hath arisen, whether in case of the death of the immediate grantee or grantees in any such deed or conveyance, before his, her, or their having duly executed a memorial, the execution of a memorial by the heirs, executors, administrators, or assigns, of such grantee or grantees, be sufficient in order to the entring and registring such memorial within the intent and meaning of the said recited act: and whereas many such immediate grantees have happened to die, before they had executed memorials of their deeds and conveyances, by means whereof, and by reason of the aforesaid doubt, memorials of many deeds and conveyances have not been hitherto registred, and many hereafter may happen not to be registred, which may be to the great prejudice of many of his Majesty’s faithful subjects in their estates and properties for remedy whereof, be it declared and enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That where any grantee or grantees in any deed or deeds, conveyance or conveyances, made and executed since the twenty fifth day of March one thousand seven hundred and eight, or that shall hereafter be made and executed, or any devisee or devisees by any will or wills, as well in cases where the testator hath died since the said twenty fifth day of March, as where the testator shall happen to die hereafter, of or concerning, or whereby any honours, mannors, lands, tenements, and hereditaments within this kingdom of Ireland are or may be any ways affected, hath or have happened, or shall happen, to die, before his, her, or their having executed a memorial of such deed or deeds, conveyance or conveyances, will or wills; it shall and may be lawful to and for the heirs, executors, administrators, or assigns, of such grantee or grantees, devisee or devisees, or for some or one of them, to sign and seal a memorial of such deed or deeds, conveyance or conveyances, will or wills; and the same shall be and is hereby declared to be as valid and effectual for the entring and registring of such deeds, wills, and memorials, from the time of entring and registring the same, as if such memorial had been signed and sealed by some or one of the immediate grantees or devisees named in such deed or deeds, conveyance or conveyances, will or wills; and that in all memorials, hereafter to be signed and sealed, the place of abode of the subscribing witness or witnesses to such memorial, who is not a subscribing witness to such deed or deeds, conveyance or conveyances, will or wills, shall be inserted in the said memortal.
|
|
|
further doubt on 6 Anne 2. Sec. 10.
Register, upon delivery of note to him, shall file it, and give negative certificate.
|
II. And whereas by the said recited act it is further enacted, “That every register, or his deputy, as often as required, shall make searches concerning all memorials, that are registred as aforesaid, and give certificates concerning the same under his hand, if required by any person:” and whereas a doubt hath also arisen, whether the register, or his deputy, are obliged by the said recited act to give negative certificates: and whereas the said act would prove in a great measure ineffectual, and the intent thereof be frustrated, and purchasers rendred precarious and insecure, in case negative certificates be not given by the register, or his deputy, to the person or persons requiring the same: be it therefore further enacted by the authority aforesaid, That when any person or persons shall come to the said register-office, and require any such negative certificate to be given, he, she, or they, so requiring the same, shall deliver unto and lodge with the said register, or his deputy, a note in writing, under his, her, or their hand or hands, and mentioning his, her, or their respective places of abode, to the following effect: (viz.)
|
|
|
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.
|
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.
|
