Duty of register in respect to searches and granting nega By the 6 Ann. c. 2. s. 10. Ir. the register shall make' searches concerning all memorials that are required, and tive certificates, give certificates concerning the same under his hand. And by the 8 Geo. 1. c. 15. s. 2. Ir. as amended by the 8 Geo. 1. c. 15. 25 Geo. 3. c. 47. s. 2. Ir. it shall be lawful for every 6 Ann. c. 2. s. 10. Ir. s. 2. Ir. 25 Geo.3. c.47. person requiring a negative certificate to deliver unto, or s. 2. Ir. I do lodge with the register, &c. at the register office, a note or memorandum, fairly written in parchment, and signed with his name, in the following words: "I desire to know "what memorial or memorials are entered in your office, of any deeds, conveyances, or wills, made by (naming the person or persons) of or concerning, (naming the "manor, lands, tenements, or hereditaments,) in the since the "county of day of -" And upon delivery of such note the register shall file the same, and shall, as soon as conveniently may be, give to the person requiring the same, a negative certificate to the following effect: "Upon diligent search made in the re"gister's office, from the day of "not find any memorial of any deed, conveyance, or will, made by (naming the person,) of or concerning "(mentioning the lands, tenements, or hereditaments,) in "the county of from the day aforesaid, until "the date hereof, except the memorial hereinafter men❝tioned. Witness my hand and seal this ———— day of ;" which certificate shall be attested by 2 or more witnesses, of which the person, or one of the persons, who brings such note, shall be one; and if such register, &c. shall be guilty of any fraud, collusion, or wiiful neglect in making out such certificate, whereby any person shall be dainnified, such person, his heirs, execuPenalty for de- tors, or administrators, shall recover his damages against Jauk. such officer, or his deputy, with full costs of suit. And by the 6 Ann. c. 2. s. 12. Ir. if such register, &c. shail neglect to perform his duty according to the directions of this act, or commit, or suffer to be committed, any undue or fraudulent practice in the execution of said office, and be thereof lawfully convicted, such register shall forfeit his office, and pay treble damages, with full costs of suit, to every person injured thereby, to be recovered by action of debt, &c. in any court of record at Dublin. 6 Ann. c. 2. s. 12. Ir. try with respect to priority. 8. 4. s. 5. With respect to the effect of registry: By the 6 Ann: Effect of regis c. 2. s. 4. Ir. every deed or conveyance, a memorial whereof shall be duly registered according to this act, 6 Ann. c. 2. shall from the 25th March, 1708, be good and effectual, both in law and equity, according to the priority of time of registering such memorial, concerning the lands, &c. in such deed contained, according to the right, title, and interest of the person so conveying such lands, &c. against every other deed, conveyance, or disposition of the lands, &c. or any part thereof, contained in such memorial. And by s. 5. every deed or conveyance not registered, which shall be made and executed from the Unregistered 25th March, 1708, of all or any of the lands, &c. con- deeds fraudulent tained in such deed, &c. a memorial whereof shall be registered in pursuance of this act, shall be deemed fraudulent and void, not only against a deed or conveyance judgment, &c. registered as aforesaid, but likewise against every creditor by judgment, recognizance, statute-merchant, or of the staple, confessed, acknowledged, or entered into, from the 25th March aforesaid; as for and concerning all or any of the lands, &c. contained in such memorial registered as aforesaid. But it is provided (s. 14.) that this act shall not extend to any lease for years not exceeding 21 years, where the actual possession goeth along with Exception of said lease. The several statutes which respect the regis- Analogous protions in the ter counties in England, viz. 2 & 3 Ann, c. 4. 5 Ann. c. 18. statutes respect6 Ann. c. 35. 7 Ann. c. 20. and 8 Geo. 2. c. 6, do none ing the register counties in Eng and void as against registered deeds, and creditors by s. 14. certain leases. of them contain any clause similar to the 6 Ann. c. 2, s. 4. land, chaser Certain deeds of bankers to be chaser or mortgagee, plaintiff or cognisee, upon valua- The 33 Geo. 2. c. 14. s. 2. Ir. provides for the securegistered, and rity of the creditors of bankers, that all deeds and conveyances made by any banker, or any person by him c. 14. . 2. Ir. empowered, whereby any part of his real estate, or lease when. 33 Geo. 2. hold interest, or any mortgage belonging to such banker upon any lands, &c. or leasehold estate, shall be granted, released, sold, mortgaged, demised, or incumbered or affected, (other than leases not exceeding 3 lives, or 31 years, to be made by such banker, at the full improved rent, without fine,) shall be duly registered in the office for the public registry of all deeds, within a calendar, month after such execution thereof; and if such deed be executed out of this kingdom, then such deed shall be registered as aforesaid, within 3 calendar months from the time of such execution; and for want of such registry every such deed shall be fraudulent and void against every creditor of such banker, though made for valuable consideration. And by s. 3. all grants, sales, alienations, leases, or dispositions by any banker, during the All grants, &c. time he continues a banker, of any part of his real estheir real estate, tate, or of any leasehold interest to him belonging, or of any interest in such real estate, &c. to, or to the use of, or in trust for any son or grandson, daughter or granddaughter of such banker, shall be void against every creditor of such banker, though made for valuable consideration, and though such creditor was not a creditor at the time such grant, &c. was made. By s. 6. if any banker, after he shall stop payment, shall receive or dis 83 by bankers of &c. to chil tren void against creditors. 8.6. charge stop payment, or conveyances orily. S. charge any sum of money due to him at the time he shall After Bankers stop payment, every such receipt and discharge shall be &c. their receipts void. And all deeds and conveyances made by any void. banker of any real or personal estate to him belonging, after he shall abscond or conceal himself from his creditors, or stop payment, although the same shall be for valuable consideration, shall be void; unless made to the use of, or in trust for, all the creditors of such banker, according to the course in which the debts of such banker ought to be paid; or unless such deed shall be agreed to by all the creditors of such banker. And by s. 8. from the time that any banker shall so abscond, &c. all the real estate, And their estate whether for lives, in fee-simple, or fee-tail, and all the and effects in such cases subject personal estate, of which such banker shall be seised, to debts without possessed of, or entitled to, at the time of his death, or regard to pristopping payment, or absconding, or concealing himself from his creditors, shall be liable to the payment of all his debts, without regard to priority in point of payment, Exception. other than such debts as such banker shall have contracted before he became a banker; and other than such debts as shall be secured by deeds, &c. registered as aforesaid; which debts shall have the same priority as if this act had not been made. By s. 9. no banker who shall abscond or conceal himself from his creditors, or who shall stop Banker stopping payment, shall have any privilege as a member of parli- shall have no payment, &c. ament, save only as to his person, in any suit in law or privilege of parequity by his creditors. By s. 10. where any banker who as to person. shall stop payment, shall, within 3 calendar months after such stopping payment, by any deed vest his whole real and personal estates, or so much thereof as shall be sufficient to pay all the debts that he shall owe at the time of the execution of such deed, and to defray all the expenses of executing the trusts of such deed, in one trustee, or more, for the payment of all the debts that were due at the time of the execution of such deed, such deed shall be valid; and the estates granted thereby shall stand vested in such trustee, &c. according to the estate and interest of such banker, discharged from his debts; such debts only excepted as are entitled to a preference by this act; and every purchaser of any part of such estate shall, s. 9. liament, save s. 10. When bankers stop payment, &c. effect of vesting their es tates in trustees; s.11. shall, upon payment of such purchase money to such trustee, have such estate so purchased, according to the estate and interest vested in such trustee, discharged from any claim of any creditor of such banker, except as aforesaid; and such purchaser shall not be obliged to see the application of such purchase-money made to the trusts provided for by such deed. And where the fund vested in such trustee shall be sufficient to pay all the debts of such banker, and to defray the expenses of executing such trust, it shall be lawful for such trustee, from time to time, to apply such sum as he shall receive as the purchase-money of such real or personal estates, first to debts entitled to a preference by this act, according to the order in which such debts ought to be paid, and in the next place to such of the other debts of such banker, as such trustee shall judge most for the advantage and speedy execution of such trust to pay first, without being obliged to apply such sum rateably or proportionably to all the debts of such banker. Provided (s. 11.) that in all such deeds the trustees therein named shall be approved by the majority in value of the creditors, or by the lord chancellor. And provided also (s. 12.) that such And payment by payments be made with the consent of the majority in value of the creditors, or with the approbation of the lord chancellor. And by s. 14. a majority in value of the chancery in res- creditors of such banker, may, if they shall have or apprehend that they have just cause, prefer a petition in the names of one or more of them, in behalf of themselves and the rest of the creditors, to the lord chancellor, setting forth the misbehaviour, delays, neglects, or omissions of such trustees, (which petition such trustee, and such banker, and all others whom the same shall concern, shall be obliged in due time to answer upon oath ;) and the lord chancellor, if it shall appear to him that such petition was preferred by order of the majority in value of such creditors, shall hear and determine such petition summarily, and appoint one or more new trustees, and revoke the powers of the old trustees, and make such orders therein for the due execution of such trusts as shall be just, and enforce obedience to such order by Trustees by whom approved of: s. 12. Trustees. s. 14. Jurisdiction of pect to such trustees the |