respective devisor or testatrix; any thing herein contained to the contrary thereof in any wise notwithstanding. XXI. Provided always, that in case the devisee, or person or persons interested in the honors, manors, lands, tenaments, or heriditaments, devised by any such will, as aforefaid, by reason of the contesting such will, or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled to exhibit a memorial for the registry thereof, within the respective times herein before limited, then and in such case, the registry of the memorial, within the space of six months next after his, her, or their attainment of such will, or a probate thereof, or removal of the impediment, whereby he, she, or they are disabled or hindered to exhibit such memorial, shall be a sufficient registry, within the meaning of this act; any thing herein contained to the contrary thereof in any wise notwithstanding. XXII. That no member of parliament, for the time being, shall be capable of being chosen register, or of executing, by himself or any other person, the said office, or have, take, or receive any fee or other profit whatsoever for or in respect thereof; nor shall any register or his deputy, for the time being, be capable of being chosen a member to serve in parliament. XXIII. That this act shall be taken and allowed in all courts within this kindom as a public act; and all judges and justices are hereby required as such to take notice thereof, without special pleading the same. ABSTRACT. In 1707, an act to explain and amend the foregoing, passed the Legislature, which provides, That from and after the 24th of June, 1707, all bargains and sales of lands, &c. in the West Riding of Yorkshire, inrolled in register's office at Wakefield, shall be as good in law, as if enrolled at Westminster. The enrolments to be on parchments, and allowed in all courts. That such enrolment shall be deemed entering a memorial thereof. That no judgment shall affect any manors, &c. in the West Riding, but from the time that a memorial thereof be entered in the register's office. That such memorial shall be duly entered in the office. That the register shall be responsible for the due enrolment and safe keeping of all deeds committed to his charge, or the charge of his deputy for the time being. That the same fees shall be taken as are provided by the former act. That any person counterfeiting or forging any entry of any bargain or sale, shall be liable to the pains and penalties set forth in the 5th Eliz. c. 14, and any person forswearing himself in any transaction connected with the business of this office, shall be liable to the same penalties as if the same false oath had been made in any of the courts of record at Westminster. Any certificates required by the acts for appointing and regulating the office of register, shall be signed by the register or his deputy, in the presence of two credible persons. That the register, on certificate properly authenticated, being brought to him, that any money due on mortgage, &c. is paid, he shall make entry thereof, as directed in the former act. That if any judgement, statute, or recognizance, be registered in the said register office within thirty days after the acknowledgment or signing thereof, all the lands that the defendant or cognizor had at the time of such acknowledgement or signing, shall be bound thereby. That this Act shall be a public act. EXTRACT FROM AN ACT Passed in the 6th year of the Reign of Queen Anne, Cap. 35. In the year 1707. an Act passed for establishing a Register-office in the East Riding of Yorkshire," and for rendering the Register in the West-Riding more complete." The principal provisions of this aet, as regards the West-Riding, are contained in the 30th clause, which directs how deeds of bargain, and sale of fee simple estates shall be construed and adjudged : This clause enacts, "That in all deeds of bargain and sale hereafter inrolled in pursuance of this act, whereby any estate of inheritance in fee-simple is limited to the bargaineee and his heirs, the words grant. bargain, and sell shall amount to, and be construed and adjudged in all courts of judicature, to be express covenants to the bargainee, his heirs and assigns, from the bargainor for himself, his heirs, executors and administrators, that the bargainor notwithstanding any act done by him, was at the time of the execution of such deed seized of the hereditaments and premises thereby granted, bargained, and sold, of an indefeazible estate in fee-simple, free from all incumbrances (rents and services due to the lord of the fee only excepted) and for quiet enjoyment thereof against the bargainor, his heirs and assigns, and all claimio under him, and also for further assurance thereof to be made by the bargainor, his heirs and assigns, and all claiming under him ; unless the same shall be restrained and limited by express particular words contained in such deed; and that the bargainee, his heirs, executors. administrators, and assigns, respectively, shall and may in any action to be brought, assign a breach or breaches thereupon, as they might do in case such covenants were expressly inserted in such bargain and sale." Every leaf of the register-books is to be signed by two justices. 1 Aked John, Midgley I Aked John, Bradford 1 Akeroyd John, Templehurst Kirkby Hall and Demston Ecclesfield and Attercliffe Barkisland Quick Halifax Otley Templehurst 2 Alcock William, Skipton Skipton 2 Aldersley Peter, Lothersdale Lothersdale I Alderson Christopher, Tickhill Tickhill 2 Alexander Alexander, Hud- Almondbury & Huddersfield dersfield 2 Allen B. H. Springhead 1 Allen William, Hemingfield I Allen John, Keighley 2 Allenby Thomas, Tadcaster I Allott John, Haigh Hall I Allott Geo. Rev. South Kirkby 2 Allison William, Hunslet 1 Allison, William, Galphay 2 Alsop Wm. Ecclesal Bierlow Huddersfield Hemingfield & Wombwell Hunslet and Beeston C Name and Residence. 2 Alsop John, Sheffield I Ashmore Thomas, Sheffield 2 Ashworth John, Wadsley I Aspinall John, Southowram 2 Atkinson Thomas, Bradford Situation of Freehold. Sheffield Bayldon Skellow Upper Hallam and Sheffield' Bramley, Armley & Wortley Huddersfield and Almondbury Great Horton Sheffield Wadsley Hunslet Harden and Keighley. Leeds Kirkheaton Parish and Bradley Bradford 2 Atkinson Thomas, Knottingley Knottingley * Name and Résidence. 2 Atkinson John, Austhorp 2 Atkinson Benjamin, Austhorp 2 Atkinson Rev. Jos. Langfield 2 Atkinson Josias, Rilston I Atkinson Thos. Bradley Mills Situation of Freehold. Thorner Seacroft 2 Atkinson Rev. John, Pontefract Pontefract 2 Atkinson Christopher, Elland Elland and Leeds. 2 Atkinson Thos. Kirkhammerton Kirkhammerton 1 Audsley William, Horton 2 Austin Benjamin, Wortley 2 Avison William, Leeds Horton Wortley Leeds I Aynsley John Benj. Roundhay Roundhay 2 Ayrton William Bracewell Horton B. Sheffield 1 Badger Thomas, Sheffield I Bailey Joseph, Sheffield I 1 Balderstone Richard, Ingleton 1 Baldwin Joseph, Burley 2 Ball William, Todwick 2 Balme John, Pudsey 1 Balme Nettleton, Tong 2 Banks George, Leeds 2 Barber William, Southowram I Barber Richard, Tickhill 1 Barff John, Ackworth 1 Barker Jesse, Mexbro' 2 Barker Abraham, Stansfield 1 Barker Peter, Mexbro' 1 Barker John, Bakewell 2 Barker William, Bramley Attercliffe and Sheffield Knottingley and Birkin Pudsey Mexbro' Stansfield Mexbro' and Rawmarsh Rawcliffe and Newland Neeps End, Attercliffe & Sheffield Parish |