Subject to the last Power, all Monies received by the Office to be paid to the Consolidated Fund; 73. Audit of Accounts of the Office; 74. Repealing local Register Acts; 75. Bargains and Sales not to be enrolled in local Offices after Commencement of Registration under this Act, and no Assurance to be registered in local Offices after 31st Dec. 1856; 76. Registration under this Act to have the same Effect against Acts prior to Commencement of Registration as Registration under local Register Acts; 77. Vacancies in Office of Register for local Offices in Yorkshire not to be filled up, and Offices of Registers for Middlesex to cease; 78. Treasury to fill up Vacancies in local Register Offices; 79. As to the Custody of Documents in local Register Offices; 80. Compensation to Officers of local Register Offices; 82. Instruments required to be registered in the local Register Offices may be registered in the Register Office established under this Act; 83. Copyhold Lands not to be affected; 84. Rackrent Leases, &c. not to be affected; 85. Where Possession does not go along with such Lease, &c. same to be void as against a Purchaser during Interval; 86. Shares in Companies not to be affected; 87. Lands within the Bedford Level not to be affected; 88. None of the Exceptions to affect the Provision to prevent Protection by legal Estates or tacking; 89. Before whom Affidavits to be sworn; 90. False swearing to be punished as Perjury; 91. Punishment for forging Signatures or counterfeiting Impressions of Seal of Register Office; 92. Actions for Damages to be brought against the Registrar, and if final Judgment recovered, Damages to be paid out of Consolidated Fund; Notice to be given to Attorney General; Registrar not personally liable; 93. As to Costs, if Judgment be given for Defendant, &c. ; 94. Provision for Case of a Writ of Error; 95. Registrar may compromise Action; 96. Limitations of Actions brought against the Registrar; 97. Treasury may transfer Registry of Judgments, &c. to Land Register Office; 99. Treasury may alter Fees; and Fees to be accounted for and applied as other Fees received by Registrar; 100. Compensation to Senior Master of Common Pleas ; 101. Interpretation of Terms; 102. A BILL INTITULED 5 10 An Act for the Registration of Assurances in [Note. The Words and Clauses printed in Italics are proposed to be inserted in Committee.] B E it enacted by the Queen's most Excellent Majesty, by and by the Authority of the same, as follows: to be esta I. One Public Office, to be called "The Land Register Office," shall A Land Rebe established for the Purposes of this Act; and it shall be lawful for gister Office the Commissioners of Her Majesty's Treasury to provide and appoint blished. from Time to Time proper Buildings for such Office in a convenient Treasury to Place in or near London or Westminster. provide proper Buildings. trars. II. It shall be lawful for Her Majesty, from Time to Time, by Her Majesty Letters Patent under the Great Seal of the United Kingdom, to may appoint a Registrar appoint for the said Office a Registrar, to be called "The Registrar of and AssisAssurances affecting Lands in England," and an Assistant or As- tant Regissistants to such Registrar, to be called "Assistant Registrar [or 15 Registrars] of Assurances affecting Lands in England;" and every such Registrar and Assistant Registrar shall hold his Office during good Behaviour: Provided always, that it shall be lawful for Her Majesty 443. A The Lord Chancellor to appoint subordinate Officers. Qualifica tions for the Office of Registrar Majesty to remove any such Registrar or Assistant Registrar from his III. It shall be lawful for the Lord Chancellor from Time to Time to appoint for the said Office such Clerks and subordinate Officers as may be necessary for the Execution of the Duties to be performed 5 in such Office, and at Pleasure to remove them or any of them. IV. Every Registrar to be appointed as aforesaid shall be a Barrister at Law, and shall have practised as a Conveyancer for Ten Years at the least, or shall have acted as Assistant Registrar for such a and Assistant Period as with the Time he shall have practised as a Conveyancer 10 Registrar. shall have made up the said Period of Ten Years; and every Assistant Registrar to be appointed as aforesaid shall be a Barrister at Law, and shall have practised as a Conveyancer for Three Years at the least, or shall be a practising Attorney or Solicitor, and shall have practised as such Attorney or Solicitor for Five Years at the 15 least; and every Registrar and Assistant Registrar, before he enter upon the Execution of his Office, shall take the following Oath before the Lord Chancellor, Lord Keeper or Lords Commissioners tant Regis for the Custody of the Great Seal: Oath to be taken by a Registrar and Assis trar. The Registrar, Assistant Registrar, and such other Officers as Treasury think proper, to give Security. Registrar, with Con currence of other Per sons ap pointed by Her Majesty, to divide England into Districts. Commence ment of Re gistration. IA.B. do solemnly swear, That I will faithfully and to the best of 20 V. Every Registrar, Assistant Registrar, and in case the said Commissioners think proper all or any of the Clerks and subordinate Officers to be appointed as aforesaid, shall give Security for the due 25 Performance of the Duties of his or their respective Office or Offices, in such Manner and to such Amount as the said Commissioners shall deem fit. VI. After the First Appointment of a Registrar as aforesaid the Registrar shall with all convenient Speed, with the Concurrence of 30 such Persons as Her Majesty may by Warrant under Her Royal Sign Manual appoint to act with the Registrar in the Formation of Districts as herein-after mentioned, divide England into Districts, for the Purposes of this Act, of such Extent as (having reference to local Divisions, the State of Ownership of Land, and other Cir- 35 cumstances,) may in their Opinion be convenient for facilitating Searches in the separate Indexes to be kept as herein-after mentioned for such Districts respectively. VII. It shall be lawful for the Registrar, with the Consent of the Lord Chancellor, by Notice published in the London Gazette, to 40 appoint 5 appoint a Time, not earlier than Three Calendar Months from the Time of the Publication of such Notice, when Registration under this Act shall commence, and the Time so appointed shall be the Time of the Commencement of Registration under this Act. mencement VIII. All Assurances to be executed after the Commencement Assurances of Land of Registration under this Act, by which any Lands in England may executed be affected at Law or in Equity, may be registered under this Act by after Comthe Deposit of the original Document, or (where there are duplicate of Registraoriginal Documents) of One of the duplicate original Documents, tion may be 10 in the Register Office, and by the Entry or Entries herein-after re- registered by depositing quired being made in the proper Index or Indexes to be kept under Original, and this Act in such Office; and the several Documents to be deposited making the in such Office shall from Time to Time be made up into Books or Entries. Parcels, and numbered and arranged in such Manner as the Registrar 15 may direct. proper "The Index all England, and Assur ances to be indexed in IX. There shall be provided and kept in the Register Office an An Index, to Index for all England, to be intituled "The Index of Titles ;" and all be called Assurances to be registered under this Act (except Wills and such of Titles," to other Assurances as are herein-after directed to be otherwise indexed) be kept for 20 shall be indexed in such Index under Heads to be respectively designated by Numbers or otherwise, as the Registrar may think fit and, save where otherwise provided by the Regulations to be made such Index under this Act, and subject to such Provision in relation to such under Heads designated Index as may be made by such Regulations, every Assurance required by Numbers 25 to be indexed in such Index shall, where the Grantor in such Assu- or otherwise, as the Regisrance does not derive Title, either immediately or derivatively, under trar may an Assurance which has been indexed in such Index, be indexed by think fit. an Entry therein under a new Head, and shall, where such Grantor derives Title, either immediately or derivatively, under an Assurance 30 which has been indexed in such Index, be indexed by an Entry therein under the same Head as such last-mentioned Assurance, every such Entry to express the Year and the Day of the Month when the same is made, and the Book or Parcel in which the Document deposited in the Register Office is made up, and the Number of such 35 Document in such Book or Parcel, and such other Particulars as under any Regulations to be made as herein-after mentioned may be directed. of Grantors X. There shall be provided and kept for each District formed An Index of under this Act an alphabetical Index of the Names of Grantors, and, the Names 40 save where otherwise provided by the Regulations to be made under to be kept. this Act, and subject to such Provision in relation to the Indexes of the Names of Grantors as may be made by such Regulations, where 443. any |