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s. 3.

After 95th

March, 1708,

deeds and wills may be regis

tered.

s. 6.

Mode of re

long as he shall faithfully demean himself therein. And
by s. 3. a memorial of all deeds executed after the 25th
March, 1708, and of wills and devises in writing where
the devisor shall die after the 25th March, 1708, whereby
any lands, &c. may be any ways affected, may, at the
election of the parties, be registered in such manner as
herein directed. By s. 6. every memorial shall be put
into writing in vellum or parchment, and directed to the
register of said office; and in case of deeds shall be un- gistry.
der the hand and seal of some or one of the grantors, or
grantees, or their guardians or trustees, attested by two
witnesses, one whereof to be one of the witnesses to the
deed; which witness shall, by affidavit before the register,
or his deputy, prove the signing and sealing of such
memorial, and the execution of such deed, and the
day and time of the delivery of such memorial to the
register, &c.; and in case of wills, the memorial shall be
under the hand and seal of some or one of the devisees,
their guardians or trustees, attested by 2 witnesses, one
whereof shall, by affidavit before the register, &c. prove
the signing and sealing of such memorial; which re-
spective affidavits he is hereby empowered to take, and re-
quired to file and enter in a book to be kept for the pur-
pose. And by s. 7. every memorial of any deed, con-
veyance, or will, shall contain the day of the month, and
year, when such deed or will bears date, and was per- rial.
fected, and the names and additions of all the parties to
such deed, and of the devisor of such will, and of all
the witnesses to such deed or will; and shall express
the lands, &c. contained in such deed or will, and the
names of all the counties, baronies, cities, towns corpo-
rate, parishes, townships, hamlets, villages, precincts,
within this kingdom, where such lands are, that are
given, granted, conveyed, devised, or any way affected
or charged, by any deed or will, in such manner as the
same are mentioned in such deed or will, or to the same
effect and every such deed, conveyance, or will, or
probate of the same, of which such memorial is to be
registered,

VOL. I.

2 N

And by the 8 Geo. 1. c. 15. s. 1. Ir. the place of abode of the witness to the memorial who is not a witness to the deed, shall be inserted.

S. 7.

Form of memo

Form of cerlificate of regis try.

Registry books, how kept.

Where more writings than

me for perfect ing any convey

unce, how registered.

s. 15.

registered, shall be produced to the register, &c. at the time of entering such memorial, who shall indorse a certificate on such deed, will, or probate, and therein mention the day and time, on which such memorial is so entered and registered, expressing also in what book, page, and number, the same is entered; and the said register, &c. shall sign said certificate: 'which certificate shall be - evidence of such registries in all courts of record; and every page of such register books, and every memorial that shall be entered therein, shall be numbered, and the day of the month and year,* when such memorial is registered, shall be entered in the margins of said registerbooks, and of the said memorial; and such register shall keep an alphabetical calendar of all counties, baronies, cities, towns corporate, parishes, and townships, with reference to the number of every memorial that concerns the lands, &c. in such county, &c. and of the names of the parties mentioned in such memorial; and shall duly file every such memorial in order of time, and enter said memorials in the same order that they shall come to his hands.

By s. 15. where there are more writings than one for perfecting any conveyance or security, it shall be sufficient if all the said lands, &c. and the counties, &c. where the same lie, be only once named in the memorial, register, and certificate, of any of the deeds or writings; and that the dates of the rest of the deeds or writings, with the names and additions of the parties, and witnesses, and the places of their abode, be only set down in the memorials, registers, and certificates of the same, with a reference to the deed or writing whereof the memorial is so registered, and directions how to find the same. And by s. 16. as amended by the 25 Geo. 3. c. 47. s. 3 Ir. where the lands contained in any deed, conveyance, or will, are not situate in the county or county of the city of Dublin, a memorial of such deed, &c. shall executed in be entered or registered, in case an affidavit sworn Dublin, before before one of the judges at the assizes, or before the juswhom the affi- tices of the peace at the general quarter sessions of the

s. 16.

23 Geo. 3. c.47. s. 3. Ir.

Where deed not

county or city of

davit of the ex

ecution of deed county where such lands, &c. lie, or before a

and memorial

waty be sworn.

*And hour or time of the day by the S Ann. c. 10. s. 2. Ir.

missioner

missioner for taking affidavits, (and for which 1s. 6d. shall be paid to the person taking such affidavit,) be brought with the said memorial to the said register, &c. wherein. one of the witnesses to the execution of such deed or conveyance shall swear he saw the same executed, and the memorial signed and sealed, or wherein one of the witnesses to the memorial of any will shall swear he saw such memorial signed and sealed, as by the 6 Ann. c. 2.

Deeds and wills

is directed. And by the 6 Ann. c. 2, s. 18. Ir. in case 6 Ann. c. . the devisee, or person interested in the lands, &c. devised s. 18. ir. by any will, by reason of the contesting such will, or Clause in res other inevitable difficulty, without his wilful neglect or pect to the time for registering default, shall be disabled to exhibit a memorial for the wills." registering thereof within the times herein limited ;* in such case the registry of the memorial within 6 months next after his attainment of such will, or probate thereof, or removal of the impediment whereby he is hindered to exhibit such memorial, shall be a sufficient registry within the meaning of this act. By the 8 Ann. c. 10. 8 Ann. c. 10. s. 1. Ir. a memorial of all deeds and conveyances exe- s. 1. Ir. cuted, (since the 25th March, 1708), or hereafter to be made, in Great Britain, and of all wills and devises in made in Great Britain affecting writing, (where the devisor hath died since the 25th lands in Ireland March, 1708, or shall hereafter die,) whereby any lands, how registered. &c. in Ireland are or may be affected, shall be entered or registered in case an affidavit sworn before one of the judges at Westminster, or a master in chancery, or before the justices of peace in open court, at any general quarter sessions in Great Britain, be brought with the said memorial to the register, &c. appointed by virtue of the 6 Ann. in which affidavit one of the witnesses to the execution of such deeds shall swear he saw the same executed, and the memorial signed and sealed; or in which affidavit one of the witnesses to the memorial of any will shall swear he saw such memorial signed and sealed; and such affidavit shall be a sufficient authority to the register, &c. to give the party, that brings such memorial and

2 N 2

* No time is herein l'united for registering wills; but this clause is taken from the 2 Aun, c. 4. s. 21. Eng. which act by s. 20. provides that memorials of wills registered within 6 months after the death of the devisor dying within England, &c. or within 3 years after the death of every devisor dying upon or beyond the aras, sha!! be effectual.

and affidavit, a certificate on the deed, or on a separate parchment, the deed not being produced, of the registering such memorial; which certificate, signed by the register, &c. shall be evidence of the registries of such 8 Geo. 1. c. 15. memorials in all courts of record. And the 8 Geo. 1. c. 15. s. 1. Ir. provides, that where grantees in deeds or Heirs, &c. of conveyances (executed since the 25th March, 1708, or grantees on de- that shall hereafter be executed,) or devisees by any wills

s. 1. Ir.

visees may ex

ecute memorials. (as well in cases where the testator hath died since the 25th March, 1708, as where the testator shall die hereafter,) whereby any lands, &c. may be affected, have happened or shall happen to die before their having executed a memorial of such deeds, &c. it shall be lawful for the heirs, executors, administrators, or assigns, of such grantees or devisees, or for some or one of them, to sign and seal a memorial of such deeds, &c. and the same shall be as effectual as if such memorial had been signed and sealed by some or one of the immediate grantees or devisees named in such deeds, &c.

Satisfaction of mortgages how registered. 8 Ann. c. 10.

s. 3. Ir.

8 Geo. 1. c. 15. S. 3. Ir.

By whom and how the affidavit of payment may be made.

By the 8 Ann. c. 10. s. 3. Ir. in case of mortgages whereof memorials have been or shall be entered in the register office pursuant to the 6 Ann. if a certificate shall be brought to the register, &c. signed and sealed by the mortgagee, his executors, administrators, or assigns, and attested by 2 or more witnesses, one of which witnesses shall by affidavit before the register, &c. or persons empowered by the 6 Ann. or this act to take affidavits, prove such monies to be satisfied and paid, and that he saw such certificate signed and sealed by the mortgagee, his executors, &c. then the register, &c. shall make an entry in the registry book against the registry of the memorial of every such mortgage, that such mortgage was discharged according to such certificate, to which the same entry shall refer, and shall after file such certificate and affidavit, to remain upon record in the said register office; for which entry the said register shall be allowed 6d. And by the 8 Geo. 1. c. 15. s. 3. Ir. (which recites this clause of the 8 Ann.) when the payment of the money cannot be so proved as thereby directed, if at any time afterward a certificate shall be brought to the regis

ter,

ter, &c. signed and sealed by the respective mortgagees, their executors, &c. respectively, attested by 3 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 mortgage, and the interest thereof, has been duly paid and satisfied to the mortgagee, his executors, &c. or to some person by his order, and such mortgagee, his executors, &c. making affidavit in writing at the foot, or on the back of such certificate, before said register, &c. or before some person empowered by the 6 Aun. or 8 Ann. to administer such oath, that he or they do not know of any other person concerned in interest in such mortgage, and one of the witnesses to such certificate, by affidavit before the, register, &c. or before some of the persons empowered to administer such oath, proving that he saw such certificate duly signed and sealed by the mortgagee, his heirs, executors, administrators, or assigns, and saw such affidavit sworn by such mortgagee, his executors, &c. and upon the mortgagor, or his heirs, executors, &c. or their attorney or agent producing to the said register the original mortgage, so registered, cancelled, if the same be in being; and if the same be lost, or accidentally destroyed, then upon such mortgagor, his heirs, executors, &c. leaving with the register another certificate signed and sealed by the mortgagee, his heirs, executors, &c. that the said mortgage is lost or accidentally destroyed; (such certificate to be attested by 3 witnesses 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 heirs, executors, &c. duly sign and seal such certificate ;) (for each of which affidavits so made before the register, 6d. and no more shall be taken ;) then the register shall make an entry on the registry books against the registry of the memorial of such mortgage, as also at the foot or on the back of the memorial, that such mortgage was satisfied according to such certificate.

By

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