UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY A PRACTICAL TREATISE ON THE STATUTES FOK REGISTERING DEEDS AND OTHER INSTRUMENTS IN THE COUNTIES OF MIDDLESEX AND YORK ; WITH J)receUem0 of Jftemorfalg. BY JOHN WILSON, m ATTORN KY AT LAW. Viuft unii donineiitihus servat lex. LONOQX: K :i ct..m\!: i\i>^>\\ i.\\\ I'.'IITI ';.\f. >Tld.!.T. l.l\C'ii.\> INN fr 1 HE labour of research is considerably diminished by a separate treatise on a sin- gle subject ; this, it is hoped, will be ad- mitted to justify the publication of the following pages, whatever apology may still be wanting for their execution. Method was said, by Lord Bacon, to be " the firm handle of science ;" the author, or-rather compiler, has endeavoured, by a methodical and perspicuous distribution of the subject, and arrangement of the cases, to facilitate investigation of the proper measures for carrying the statutes into ef- fect, and of their operation. The observations are the result of due con- sideration of the acts of parliament and de-- vi PREFACE. cisions, and of the opinions of those who have previously written upon them, and are made with a consciousness of the temerity of advancing such as have not received the sanction of better authority. The merit of pointing out errors in prac- tice is principally due to Mr. Sugden's va- luable book on the law of Vendors and Purchasers, to which the liberty has been taken of occasionally referring. The extracts are taken from the Middle- sex Act, and any material variations in the others are explained as they occur. CONTENTS. Page lH E acts of parliament for each county, &c. - i Ruleof common law and reason for these alterations of it - 2 Memorials of deeds and wills, &c. to he registered 3 An appointment under a power must be registered 4 Registry of an assignment of a lease or mortgage is not a sufficient registry of those deeds - ib. Certificates of the discharge of mortgages may be registered, and of judgments, statutes, and re- cognizances in Yorkshire - 6 Devises by will void against subsequent purchasers, unless registered clauses relating thereto - ib. Within what time memorials of wills to be regis- tered, and the effect of omitting to comply with the provisions with reference to the opinions of Mr. Sugdeii and Mr. Rigge - 10 A devisee being heir at law need not register the will - 21 Nor a person deriving leasehold property only under it - ib. From what times judgments, statutes, or recogni- zances atfect estates - 22 How far necessary to search for incumbrances in the books of the courts at Westminster - 23 fi rants of annuities must be registered and need not be searched for else- where - - 21 viii CONTENTS. , Page. The practice of registering certificates of satisfac- tion of judgments in Middlesex inoperative 24 And writs of execution, and the question, whether a judgment affects leasehold property before the writ of execution is delivered to the she- riff considered - - -2.5 Notwithstanding the exception of copyholds, some leases thereof should be registered * , - 27 What other leases must be registered - 28 The exception in the Middlesex Act of Serjeant's Inn, does not extend the operation of the act to the city of London - 30 Registering decrees of the courts of equity, and rules of the courts of law a useless expense - 31 Memorials of deeds, how to be executed, attested, and proved - - ib. Of wills, the like - 32 Difference in the Yorkshire acts - 33 Contents of memorials of deeds and wills - 34 Deeds and wills or probates thereof must be pro- duced to the registers at the time of entering, who are to indorse a certificate - 35 One of the witnesses to the memorial of a deed must be a witness to the execution of the deed by a grantor - ' . - 36 An heir, executor, &c. requiring registry need not execute the deed - . - 37 Affixing the seal of a corporation is tantamount to signing and sealing - - ib. Registering office copies of wills nugatory - 38 A rguments and observations, on the propriety of inserting in memorials a disclosure of the ef- fect of deeds and wills, considered - - 39 CONTENTS. be pg Where more writings than one relate to the same conveyance or security, the parcels may be described only in a memorial of one deed which is to be referred to by the others - 45 Erroneous application of this provision in practice 46 What certificates of the discharge of mortgages in Middlesex are to contain, and how to be signed and proved - - - - 47 And of mortgages, judgments, statutes, and recog- nizances, in Yorkshire, the like 48 Effect of the mortgage certificate and reasons for its being disused - - - - 49 Contents of memorials of judgments, statutes, and recognizances, and how to be signed and proved - - - In Yorkshire, bargains and sales inroled by the re- gisters as effectual as if inroled according lo VI Hen. 8. c. 16. and the manner of inrol- ment - - - - - 52 Inrolment thereof also to be deemed registry - 54 Deeds of bargain and sale of estates in fee simple so inroled containing the words " grant, bar- gain, and sell," toimply usual covenants, unless particularly restrained - - 55 In the North Riding, deeds and wills may be registered at full length and copies thereof, duly attested, to be admitted as evidence in case of the deeds or wills being destroyed - 56 What testimony necessary to such registry - 57 Registry at full length to be deemed entering a me- morial - - - - - 58 x CONTENTS. Pg Principles -of former decisions are considered es- tablished rules of equity - 58 Registry does not operate as notice - 59 Cases in support thereof ' - 60 Lord Hardwicke's observation in Hine v. Dodd, in opposition to all the decisions f - 62 A person having the legal estate as a mortgagee ad- vancing more money is not bound to search for intermediate incumbrances - 63 Lord Male's observation as to a third mortgagee purchasing the first mortgage in exclusion of the second - - ib. A purchaser of an equity of redemption should immediately give notice to the mortgagee - ib. A person obtaining the legal estate will not be pre- judiced by a prior equitable incumbrance duly registered, of which he had not notice - 64 Case in support thereof - - ib. The equity of this construction doubtful - 68 Sanctioned by the opinion of Lord Redesdale - 70 Lord Macclesfield's observation on the inconveni- ence of shaking settled determinations - ib. A purchaser whose deed is registered having had notice at the time of his purchase of a prior incumbrance not registered, will, in equity, be bound by it - 71-72 This construction in conformity to maxims of equity - ib. Cases in support thereof - 73 But the courts will not give relief, except in cases of apparent fraud or clear and undoubted no- tice - 90 Cases in support thereof - - - 91 CONTENTS. xi Page The decisions of the courts, on the construction of the acts, are perfectly consistent with each other, and irreconcilable only with the dictum of Lord Hardwicke - - 96 Lord Mansfield's observation on Lord Hard- wicke - - ib. Appendix Precedents - 97 CASES CITED. Bedford v. Backhouse - - GO Brotherton v. Hatt - . - 79 Bushell v. Bushell - ~ - -J . - 70 Blades P. Blades - - - - 74 Cowper v. Cowper - - - - 59 Chevall P. Nicholls ,-> - . - 75 Doe c. Hogg . .37 Finch v. Earl of Winchelsea - - - 23 Fleetwood's case * - - -25 Honeycomb v. Waldron r - 5 Hine v. Dodd - - - 90 Jennings v. Blincome - ~ " ..' - 79 Jolland c. Stainbridge - .. - - 93 Lord Forbes v. Deniston - - - 73 Le Neve . Le Neve - - V ' . 2 Wrightson v. Hudson - "1 ' '' L- _ go ON REGISTERING DEEDS, SfC. SfC. JL HE acts of parliament relating to the registry of deeds and instruments affecting real property are, For the county of Middlesex, 7th Ann, c. 20. For the West Riding of the county of York, 2nd and 3rd Ann. c. 4. 5th Ann. c. 18. and in purchases or mort- gages, exceeding 50, 6th Ann, c. 35. For the East Riding of that county and for the town and county of Kingston-upon-Hull, 6 Ann. c. 35. And, for the North Riding of the county, 8th Geo. 2. c. 6. B ON REGISTERING DEEDS. The object of the following pages is to endeavour to point out the,neces- sary proceedings under these statutes, and to shew their operation when the requisitions and provisions of them are duly complied with; for which purposes, the deeds and instruments required to be registered, with the exceptions in the acts, are first taken into consideration; secondly, the manner of registering or the circum- stances to be attended to in the me- morials; and, lastly, the equitable decisions with regard to notice, upon which their operation depends. The reason for these alterations of the rule of common law, by which every deed took place according to the priority of its date or delivery*, is declared in the statutes, the pre- amble of the Middlesex act, with which the others are reconcileable, reciting that, by the different and se- * Qui prior est tempore, potior est jure. 1 Bro. 63. ON REGISTERING DEEDS. 3 cret ways of conveying lands, tene- Preamble. ments, and hereditaments, such as were ill disposed had it in their power to commit frauds, and frequently did so, by means whereof several persons were undone in their purchases and mortgages, by prior and secret con- veyances and fraudulent incum- brances. To remedy which inconveniences it is enacted, by 7th Ann. c. 20. that A memorial a memorial of all deeds and con- ancesthataf- veyances, and of all wills and devises nours, & c . . . x c , maybe regis- m writing*, or or concerning and tered. whereby any honours, manors, lands, tenements, or hereditaments, in the said county, may be any way af- fected in law or equity, may be regis- tered as thereinafter directed. And that every such deed or con- Ever y c n : J veyance shall be void a- . . . gainst a sub- sequent pur- chaser, unless * And, in the North Riding act, of all judg- a memorial ments, statutes, and recognizances (other than ^-^ej^be- such" as shall be entered in the name and fore a memo- upon the proper account of his majesty, his [^sequent e heirs, and successors.) B 2 ON REGISTERING DEEDS. veyance* shall be adjudged fraudu- lent and void against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this act is directed, before the registering of the memorial of the deed or conveyance under which such subsequent pur- chaser or mortgagee shall claim. Notwithstanding the comprehen- sive terms of the enactments, a doubt was entertained whether an appoint- ment under a power must be regis- tered, and it was determined, by the case ofScrafton v. Quincey*^, that such a deed is clearly within the intent of the statutes. It has been contended, that if the memorial of an assignment of a lease or mortgage contain a recital of the lease or mortgage, it will cure an omission to register those deeds ; but * And, in the North Ridingact, judgment, sta- tute, or recognizance, t 2 Ves. 413. ON REGISTERING DEEDS. such a construction would evidently cause the statutes to facilitate, rather than prevent, the commission of frauds by secret conveyances, and it was held, in the following case, of Honeycomb v. Waldron* to be insuf- ficient. Lord Grandison made a lease in 1730; the lessee soon after mort- gaged it, and in 1731 sold it to the defendant. The lease was not regis- tered, but the mortgage of it and the assignment to the defendant were, and the memorials of them contained \\ recital of tho loaoo, and the ques. tion was, whether this was a registry within the meaning of the act : and it was determined not to be suffi- cient; for the act says, the deed under which the party claims, with the witnesses' names, shall be registered ; and of this a subse- quent purchaser can have no no- tice by the bare registry of the as- * SStra. 1061. ON REGISTERING DEEDS. signment ; and it is also required that the original be produced to the officer. This point was also similarly de- cided in the case of Williams v. Sor- rell * Certificates of the discharge of mort- gages, whereof memorials have been entered, are authorised to be regis- tered by all the acts, and of judg- ments, statutes, and recognizances by those relating to the three ridings of the county of York and Kingston-upon- Hull. And it is enacted, that every such devise by will shall be adjudged frau- by dulent and void against any subse- will void a- gainst subse- quent purchaser or mortgagee for chasers, un- valuable consideration, unless a memorial of such will be registered, at such times and in such manner as thereinafter directed. And it is provided, that all memo- rials of wills that shall be registered * 4Ves.J.380. ON REGISTERING DEEDS. within the space of six months after the death of every respective devisor or testatrix dying within the kingdom of Great Britain, or within the space of three years after the death of every respective devisor or testatrix dying upon the sea, or in parts be- yond the seas, shall be as valid and effectual against subsequent pur- chasers as if the same had been re- gistered immediately after the death of such respective devisor or testa- trix. The foregoing provision is the same in all the acts, but different provisions are made in them, in cases of disability, to register wills within that period. If the devisee, or person or persons interested in an estate, in the county of Middlesex, devised by any such will, by reason of the concealment or suppression or contesting such will, or other inevitable difficulty without his, her, or their wilful neglect and default, shall be disabled to exhibit a ON REGISTERING DEEDS. memorial for registry thereof within the respective times before limited, and a memorial shall be entered in the said office of such contest or other impediment within two years after the death of the devisor or tes- tatrix, who shall die within Great Britain, or within four years after the decease of such person who shall die upon the sea or beyond the seas ; in such case, the registry of the memo- rial of such will, within six months af- ter his, her, or their attainment of such will, or of a probate thereof, or removal of the impediment, whereby he, she, or they, are disabled or hin- dered to exhibit such memorial, is declared to be a sufficient registry within the meaning of the act. But it is enacted, that in case of the concealment or suppression of any will or devise, any purchaser shall not be defeated or disturbed in his purchase, unless the will be actually registered within five years after the death of the devisor or testatrix. ON REGISTERING DEEDS. As to the estates within any of the three ridings of the county of York, or the town of Kingston-upon-Hull, it is provided, that the registry of a memorial of the impediment, within six months after the death of such devisor or testatrix who shall die within Great Britain, or within three years after the decease of such who shall die upon the sea or beyond the seas, and the registry of a memorial of the will within six months after the removal of such impediment, shall protect the devisees against any pur- chaser subsequently to the will. But as to estates in the North Riding of the county of York, it is enacted, that in case of the conceal- ment or suppression of any will or devise, any purchaser for valuable consideration shall not be defeated or disturbed in his purchase, nor any plaintiff in any judgment, or cognisee in any statute or recognizance, de- feated in his debt by any title made or devised by any such will, unless the 10 ON REGISTERING DEEDS. will be actually registered within three years after the death of the de- visor or testatrix. There is no such enactment as the last in the acts relating to the West and East Ridings and Kingston-upon- Hull. The registry of wills within the pe- riods mentioned in the statutes is rarely attended to ; and a question arises, whether a registry, within those periods, is necessary to give effect to wills, which dispose of or charge es- tates within the limits of the acts, or not. On this point different opinions have been advanced, and it may be useful to enter, at some length, into the consideration of it. It is stated in Mr. Rigge's trea- tise *, that memorials of wills are re- ceived at the office of the county of Middlesex, after the periods* which he states as directed by the statute for that county, and that it is pre- * Rigge on Reg. p. 84 n. ON REGISTERING DEEDS. 1 1 sumed they would operate against persons purchasing subsequently to the registry, notwithstanding the non-existence of any decree or order to warrant the delay. This practice, there is no doubt, originated in coun- sel requiring wills to be registered, although the periods mentioned in the statute had elapsed. Mr. Sug- den, on the contrary, in his valuable Treatise on Vendors and Purchasers*, states the acts as declaring, that all wills shall be adjudged fraudulent and void against subsequent purchasers or mortgagees, unless a memorial be registered within six months after the death of the devisor or testator, dying in Great Britain, or within three years after such death, dying upon or beyond the seas. He then mentions the provisions respecting contested or suppressed wills, and after refer- ring to the practice of the office in re- * Sug. V. and P. p. 575. 12 ON REGISTERING DEEDS. ceiving memorials of wills which have not been registered within the periods directed by the statute, he states that such practice is ineffectual to the parties., t; hi The simple question is, whether a devisee claiming under a will, which was registered, but not within the periods mentioned by the statutes, would prevail against a person claim- ing under a conveyance from the heir, registered subsequently to the will. This point has never, it is be- lieved, been brought before the courts : in Blades v. Blades, 1 Eq. Ca. Ab. 358. and Jolland v. Stain- bridge, 3 Ves. J. 478. the wills had not been registered at all, and the decisions turned entirely on the fact of notice. And it is submitted, that if there be any doubt on the validity of a will, registered subsequently to the periods mentioned in the sta- tutes, as against a conveyance from the heir, not registered previously to the will, the point at least still re- ON REGISTERING DEEDS. 13 mains open ? and that the construc- tion of such a registry being totally ineffectual, does not appear to be clear from the statutes alone. The statutes for the North, East, and West Ridings of Yorkshire and Kingston-upon-Hull, by the 1st sect, enact, that deeds or conveyances shall be adjudged fraudulent and void against subsequent purchasers, &c. unless such memorial thereof be re- gistered as by the acts is directed, before the registering of the memo- rial of the deed or conveyance under which such subsequent purchaser shall claim ; and that devises by wills shall be fraudulent and void against subsequent purchasers, &c. unless a memorial of such will be re- gistered in such manner as is therein- after directed. The statute for Mid- dlesex is the same as to deeds, but, with respect to wills, adds, unless a memorial of such will be registered > at such times and in such manner as is thereinafter directed. It is after- 14. - ON REGISTERING DEEDS. wards provided, in all the acts, that wills registered within six months af- ter the death of the devisor, dying in Great Britain, or within three years after such death, dying upon or in parts beyond the seas, shall be as va- lid and effectual against subsequent purchasers, &c. as if the same had been registered immediately after the death of the devisor ; and that in case of disability to register wills within the times before limited, by reason of their being con- tested or suppressed, or of any other inevitable impediment, then a registry of them within six months after the obtaining of the will, or a probate thereof, or removal of the impediment, shall be a sufficient re- gistry within the meaning of the acts, if a memorial of the contest or other impediment has been entered in the office within certain periods. Then comes a provision in the Middlesex Act,thatinthecaseoftheconcealment or suppression of a will, no purchaser ON REGISTERING DEEDS. 15 shall be disturbed or defeated, unless the will be actually registered within five years after the death of the de- visor; and, in the North Riding act, in the like case, that a pur- chaser, &c. shall not be disturbed or defeated, unless the will be regis- tered within three years after the death of the devisor. These different enactments, it must be acknowledged, are not, when taken together, very definite, but still it is apprehended that a due consideration of them, with the pur- view and intention of the acts, will be sufficient to form a correct opi- nion of the point under discussion. It is evident that the object of the acts was, to prevent purchasers and mortgagees from being prejudiced by prior and secret conveyances and fraudulent incumbrances, and such object is expressed in the preamble to all of them, except that for the West Riding, which states the neces- sity of the act as arising from, the dif- 16 ON REGISTERING DEEDS. ficulty of giving security to the satis- faction of money-lenders for want of a registry, but which clearly points to the same mischief as is expressly stated in the preamble to the other acts. Now this object would be ef- fectually attained by requiring all conveyances and wills, affecting es- states, to be registered, and giving them effect according to priority of registry ; and, with respect to deeds and conveyances, such is the strict rule laid down and directed by all the acts. But, in regard to wills, it was evident that rule could not be enforced, without the danger of ex- posing devisees to serious injury, be- cause, from the nature of them, it would be impossible, in many in- stances, for devisees to register them immediately on the testator's de- cease ; and therefore, unless some relaxation of the rule was provided for in their favour, the heir, by mak- ing and registering a conveyance, be- fore' the registry of the will, would, ON REGISTERING DEEDS. 17 in most instances, have defeated the disposition made by it. The sec- tions therefore, relating to wills, are, in all the acts, introduced by way of proviso, and were enacted to allow a greater effect to wills, when registered pursuant to these provisions, than is given to deeds and conveyances ; as wills, in such cases, have by the acts a relation to a period antecedent to their registry, i. e. to the death of the testator, so as to prevail against intermediate dispositions which may have been made by the heir. It is clear that this advantage given to wills required some limitation in the cases of their concealment or sup- pression ; this point was overlooked in the acts for the West and East Ridings of Yorkshire and the town of Kingston-upon-Hull, but in the two latest acts, for the county of Middlesex and the North Riding of Yorkshire, a definite period is fixed, after which the registry of wills con- cealed or suppressed shall not disturb c ON REGISTERING DEEDS. or defeat purchasers, &c. This pro- vision however must, it is presumed, be construed to refer only to prior purchasers, &c. as all the provisions relating to wills must be read in con- text with one another, and the last is, in fact, merely a qualification of the preceding section, which provides that a registry of wills concealed or suppressed, within six months after the attainment of them, shall be a sufficient registry within the meaning of the acts. And, it is apprehend- ed, that the sufficient registry there referred to, must mean a registry that shall be equally available with the registry within six months or three years after the death of the tes- tator, according to the provisions of the preceding section, which gives the will a relation to the death of the testator. ' Thus all the provisoes must be read with a reference to each other, to gather the proper construction of them ; and they appear, all of them, ON REGISTERING DEEDS. to be qualifications of the strict rule of registry as applied to conveyances, in order to give to wills the advan- tage of relation to the death of the testator. On the question as to the time, within which wills ought to be registered for their effect in other re- spects, it is to be observed, that all the acts, except the one for Middle- sex, make them in the 1st sect, frau- dulent and void against subsequent purchasers, &c. unless registered in such manner as is thereinafter di- rected, clearly referring only to the mode of registering, and contents of the memorial in the case where the particular provisoes, afterwards in- troduced, did not operate. The act for Middlesex says, unless registered at such times and in such manner as is thereinafter directed, but this refer- ence to the times has been admitted inadvertently, or some clause was omitted, which was intended to have fixed the operation of wills, when re- gistered, so as not to be entitled to c * 20 ON REGISTERING DEEDS. the benefit of the provisoes ; for it is not stated in the provisoes that wills, which are not registered within the o times there mentioned, shall be ad- judged fraudulent and void, but that a registry within those times shall give the wills a relation to the death of the testator. It is therefore sub- mitted, that the statement that all wills are to be adjudged fraudulent and void against subsequent pur- chasers, &c. unless registered within those periods, is not the language of the statutes, and that if there be any ambiguity in the statutes, that con- struction is not required to be put upon them, in order to guard against the mischief which they were in- tended to prevent. And it is con- ceived that the true construction of the statutes, with reference to wills, is, that the particular provisoes con- tained in the acts, respectin gtheir re- gistry, must be complied with, in or- der to derive the advantage of rela- tion, so as to prevail against interrne- ON REGISTERING DEEDS. Si diate dispositions of the estates by other persons ; but that a compli- ance with such provisions is not at all necessary to give effect to dispo- sitions by will beyond the attainment of such advantage ; and that a regis- try of wills after the periods men- tioned in the acts, for such periods are not absolutely directed in any of them, though ineffectual for the pur- pose of giving them relation to the death of the testator, will be effectual against conveyances operating ad- versely to the title of the devisees, which are not registered till after the registry of the wills *. A devisee, being heir at law also, need not register the will ; neither is registry essential to the validity of a bequest of leasehold property, for no title can be shewn to it without no- tice of the will. And it is enacted, that no judg- * This construction is acquiesced in by a counsel of distinguished anility. 23 ON REGISTERING DEEDS. NO judg- ment, statute, or recognizance, (other (except in the than such as shall be entered into in name of the . ., King) to bind the name and upon the proper ac- heriditaments / i r i i but from the count or her Majesty, her heirs, and . tl^ e successors,) shall affect or bind any such estates as aforesaid, but only from the time that a memorial of such judgment, statute, or recogni- zance, shall be entered at the register office. The acts relating to the East and West Ridings of the county of York and Kingston- upon-Hull provide, that the registry of judgments, sta- tutes, or recognizances, within thirty days, and the act to the North Riding within twenty days, after the acknowledgment or signing thereof, shall bind all the lands that the de- fendants or cognizors had at the time of such acknowledgment or signing ; and it is added, in the North Riding act, that the registry of a memorial thereof, within the time aforesaid, shall be as available, to all intents and purposes, as if it had been entered on OK REGISTERING DEEDS. the day of the signing or acknow- ledgment. A purchaser of freehold property in Middlesex is relieved, therefore, from the necessity of searching for judg- ments in the books of the courts at Westminster, except to ascertain that any judgment he may find registered has been docketed, in conformity to the statutes of 4 and 5 W. and M. c. 20. s. 2. and 7 and 8 W. 3. c. 36. s. 3. which are not affected by the Middlesex act ; but a purchaser of freehold property in the East and West Ridings of the county of York and Kingston-upon-Hull, should also be satisfied that no judgment has been acknowledged or signed within thirty days, and a purchaser in the North Riding within twenty days, preceding the time of completing his contract or paying his purchase mo- ney*. * Finch v. Earl of Winchelsca, 1 P. Wms. 278. 54 ON REGISTERING DEEDS. Grants of annuities, being deeds required by these statutes to be re- gistered, need not be searched for elsewhere. A practice seems to have been in- troduced, under the Middlesex act*, of registering certificates of satisfac- tion of judgments ; and there is cer- tainly propriety in entering a dis- charge of an incumbrance, where the incumbrance itself appears, and it is analogous to the mortgage certifi- cate ; but there is no provision in that act authorising it, the registry is therefore inoperative, and the usual course of discharging such judgments must be pursued. It is also the practice, in some cases, to register writs of execution ; a ques- tion of great intricacy has-f indeed been raised, whether a judgment is a lien upon leasehold property from the day it was given, under the sta- * Rigge on Reg. p. 87. t Ib. p. 90. ON REGISTERING DEEDS. tute of Westm. 2. and now, from the time of its being docketed and regis- tered, or, under the provisions of the statute of frauds, 29 Car. 2. c. 3. s. 16. from the time only of the delivery of such writ to the sheriff to be exe- cuted ; it being acknowledged that a leasehold may be extended on an elegit* -f-, the terms of which writ are " to extend a moiety of all the lands of which the defendant was seized on the day the judgment was given ;" and doubted whether such property is comprehended in the word goods, which the statute of frauds enacts shall not be bound by any writ of execution, but from the time such writ is delivered to the she- riff; this question has been investi- gated by Mr. Sugden^ with great at- tention, and appears to have been traced by him to its legitimate source; * 2 Inst. 396. 1. 1. 2. t Fleetwood's case, 8 Co. 171. t Sug. V. and P. 563. 96 ON REGISTERING DEEDS. and a satisfactory conclusion may be drawn from his reasoning, that, al- though the word goods in the com- mon law, contrary to the construc- tion of the civil law, certainly has a more confined meaning than chattels and would not, in other cases, com- prise leaseholds, yet such property was intended to be comprehended in that provision of the statute of frauds ; and therefore, that a judg- merft does not bind it, till execution is delivered to the sheriff to be exe- cuted. And this construction seems to have been adopted by the Master of the Rolls, in Shirley v. Watts*, who said, " till execution the plaintiff has no lien on the leasehold estate/' It is incumbent, therefore, on the purchaser of a leasehold estate to as- certain that no execution has been delivered to the sheriff, but as he very properly will not, in many instances, permit his office to be searched, the * 3 Atk. Rep. 200. ON REGISTERING DEEDS. 37 information can only conclusively re- sult from the knowledge that no judgment against the vendor has been recovered, for which the proper courts must be searched ; for, as the statutes do not require the writ of execution nor the judgment on which it issues to be registered, no satisfac- tion can be obtained from searching those registers; very little practical advantage, therefore, arises from the registry of writs of execution. And it is enacted, that the registry Exception of shall not extend to any copyhold es- Ses, ieases, tates, or to any leases at a rack rent, or to any lease not exceeding one and twenty years, where the actual possession and occupation go along with the lease, or* to any of the chambers in Serjeant's Inn, the Inns of Court, or Chancery. The general exception of copyhold estates might, prim& facie, lead to the conclusion, that it is unnecessary * In the Middlesex act 25 ^ ON REGISTERING DEEDS. to register any deed whatever relat- ing to this description of property ; it was no doubt inserted under the impression that instruments affecting such property would be entered on the court rolls of the manor, this however is not universally true, as, in some instances, the license of the lord of the manor is not necessary to au- thorise the copyholders to grant leases, and generally a licensed les- see may assign without license ; and the better opinion seems to be, that it is advisable to register such leases of copyhold estates, as, if the estate were freehold, would require regis- try* Leases at rack rent need not be registered, but it has been said-f- that if, at any period within the term, im- provements are made, so that the estate demised is rendered of greater yearly value than when originally let, * Sug. V. and P. 579. t Rigge on Reg. 88. n. (n.) ON REGISTERING DKED& it is doubtful whether the lease could afterwards be deemed a lease at rack rent; Mr Sugden* inclines to the opinion, that such a lease, having been within the exception at the time it was granted, cannot be affected by any matter ex post facto. Although a lease not exceeding twenty-one years, where the actual possession and occupation go along with the. lease, afterwards becomes beneficial, and is sold for a valuable consideration -f , it still continues strictly within the exception, and need not be registered. o But where the actual possession and occupation do not go along with the lease, as in the case of an assign- ment by way of mortgage, the ex- ception ceases to be applicable and the lease must unquestionably be re- gistered. * p. 579. t ttigg*' f Iveg. 88. ON REGISTERING DEEDS. The exception, in the Middlesex Act, of the chambers in Serjeant's Inn, which is within the city of Lon- don, seems to have excited some doubt, whether this statute was not intended by the legislature to em- brace the whole metropolis, except the borough of South wark, and con- sequently, it is said* that cautious individuals have registered many ti- tles to property within the city and its liberties ; but surely the caution might, with almost as much propriety, have been extended to registry in the York offices ; for an erroneous ex- ception, which it does not require much discernment to account for, cannot extend the operation of a lo- cal act over a district never otherwise mentioned in it ; and the circum- stance of its having passed " at the humble request of the justices of the Rigge, 88. n. (p.) ON REGISTER ING T>EJ,DS. 31 peace, gentlemen, and freeholders, of the county of Middlesex," must be conclusive. Decrees or orders from the courts of equity, and rules of the courts of law, appear to be sometimes regis- tered* ; but it is a totally useless ex- pense to the parties as far as regards the natural operation of these sta- tutes. The circumstances required in the several memorials are now to betaken into consideration, the enactments relating to which are, That all and every memorial, so to be registered, shall be put into writ- Memoiiai to be on parch- ing in vellum or parchment, and ment.andof deeds how to brought to the office appointed for re- be executed and attested. gistenng ; 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 or their heirs, exe- , 83. n. (li.) sa ON REGISTERING DEEDS; cutors or administrators, guard ians 'or trustees, attested by t\vo witnesses, one whereof to be one of the wit- nesses to the execution of such deed or conveyance ; which witness shall, upon his oath, before one of the regis- trars or masters appointed by the act, or before a master in chancery, ordi- nary or extraordinary, prove the signing and sealing of such memorial and the execution of the deed or conveyance mentioned in such me- morial. And in the case of wills, the me- morial shall be under the hand and seal of some or one of the devisees, Memorials of his or their heirs, executors or admi- wills how to be executed mstrators, guardians, or trustees, at- and attested. . i / tested by two witnesses, one whereof shall, upon his oath, before the said registrars or masters, or before such master in chancery as aforesaid, prove the signing and sealing of such memorial ; which respective oaths the registrars or masters and masters in chancery are empowered to admi- ON KEfclSTERING DEEDS, m'ster, and shall endorse a certificate thereof on every such memorial and sign the same. In the three Ridings of the county of York and Kingston-upon-Hull, the signing and sealing of the memorials of such deeds, conveyances, and wills, as are made and executed in any place within forty miles of the register offices, must be proved before the register or his deputy, but such as are made and executed at a greater distance may be proved by affida- vit before a judge or master in chan- cery* ordinary* or extraordinary. In the act for the North Riding* the mrmorial is required to be " at* tested by two witnesses to the execu- tion of such deed," which witness is directed to prove the execution of the memorial and the deed, so that the intervening words in the other acts " one whereof to be one of the witnesses" are evidently omitted ac- cidentally. By that act, the memo* rial may be proved by the solemn af- D 34 ON REGISTERING DEEDS. n'rination of a witness of the persua- sion of the people called Quakers ; or the person signing and sealing the memorial, or one of them, may ac- knowledge it and the execution of the deed or conveyance, or the me- morial only, if of a will, before the register or his deputy, a memoran- dum of the time of taking the same being entered on the memorial and signed by the register or his deputy, and also by the party acknowledg- ing it. Contents of And it is enacted that every me- memorials of , ' deeds and monal of any deed, conveyance, or will, shall contain the day of the month and the year when such deed, conveyance, or will bears date, and the names and additions of all the parties to such deed or conveyance, and of the devisor or testatrix of such will, and of all the witnesses to such deed, conveyance, or will, and the places of their abode, and shall express or mention the ho- nours, manors, lands, tenements, ON REGISTERING DEEDS. 3 and heriditaments. contained in such deed, conveyance, or will, and the names of all the parishes, townships, hamlets, precincts, or ex- tra-parochial places within the said county, where any such honours, &c. are lying or being, that are given, granted, conveyed, devised, or any ways affected or charged by any such deed, conveyance, or will, in such manner as the same are ex- pressed or mentioned in such deed, conveyance, or will, or to the same effect. And that every such deed, conve3 r - ance, and will, or probate of the same, of which such memorial is to be registered as aforesaid, shall be Deeds and produced to the registers or masters produced to at the time of entering' such memo- * rial, who shall endorse a certificate on every such deed, conveyance, and will, or probate thereof, and therein mention the certain day, hour, and time, on which such memorial is so entered or registered, expressing also D 2 ON REGISTERING DEEDS. in what book, page, and number, the same is entered, and that the regis- ters or masters shall sign the said cer- tificate, when so endorsed, which cer- certificate. tificates shall be taken and allowed as evidence of such respective registries in all courts of record whatsoever. The provision, that one of the wit- nesses to the memorial shall be one of the witnesses to the execution of the deed, appears to have been ex- tended to a party who does not ne- cessarily execute the deed*; and this interpretation may be strengthened by the act for the North Riding of the county of York making a dis- tinction in registering deeds at length, which is thereby authorised, and ex- pressly requiring execution in that case by the grantors, but preserving the obscurity in the other clause ; this practice, however, obviates the only effect of the requisition, which was intended to prevent the register- * Rigge on Reg. p. 77, and prec. 143. ON REGISTERING DEEDS. 37 ing of forged deeds ; this is apparent from the nature of the provision, and , also from the circumstance of the same witness being required to make oath of the execution ; the memorial therefore of a deed or conveyance, in order to a legal registry, must be at- tested by a witness to the execution of the deed by one of the grantors. When the heir, executor, adminis- trator, guardian, or trustee of a grantor or grantee executes a memo- rial, it is not necessary for him to seal and deliver the deed, as if he was a party in his own right* ; but the execution of the memorial by him is to be attested by two witnesses, one whereof must be a witness to the ex- ecution of the deed. Affixing the seal of a corporation to any deed, without a signature, is tan- tamount to a signing and sealing in other cases -f- ; so that there is no ne- * Rigge on Reg. p. 74. t Doe v. //"#, 1 New Rep, 38 QN REGISTERING DEEDS'. cessity for execution by the lessee for convenience of registry *, and which, it has been shewn, would not qualify the witness, in compliance with the obvious meaning of the acts of parli- ament. Neither of the witnesses to the ex- ecution of a memorial of a will need be a witness to the execution of the will. The practice of accepting for registry office copies of wills -f- is inadmissible ; for the acts peremp- torily require the will, or pro- bate of the same, to be pro- duced to the registers or masters J, who are to endorse a certificate thereon, of the time of entering the memorial ; the purpose of en- dorsing that certificate could not be answered by affixing it to an of- fice copy, of which any number may be obtained : and it is considered * Rigge on Reg. p. 106. 107. t Ib. 84. and 96. G Honeycomb v. Waldron, ante p. 5. ON REGISTERING DEEDS. 39 that such registry would be wholly nugatory*. It appears to be the established practice in Middlesex, to insert in memorials a much more general de- scription of the nature and effect of deeds and wills than the statute re- quires, or than the framers of it seem to have intended should be divulged. o Great anxiety and tenderness are evinced by the legislature, on all oc- casions, to guard against unnecessary exposure of the affairs and arrange- ments of the property of individuals, and to this caution is commonly at- tributed the rejection of several ap- . plications for extending the register acts to different counties, and of . one recently for making tljose acts general ; and the same feeling ap- pears, by the limited disclosure re- quired, to have influenced the legis- lature when the statutes under con- sideration were passed. * Sujj. V. aii'l P. ;')1^. 40 ON REGISTERING DEEDS. It is stated however*, that hardly a purchase is entered in the books of the Middlesex office without the me- morial so expressing it, though fre- quently the consideration or sum paid is omitted ; and that mortgages are very rarely registered, where the true description of the nature of the deed and its value are not introduced. No satisfactory reason has hi- therto been given for a practice, which may be considered a violation of the manifest caution of the legis- lature, without any adequate bene- fit ; a more explanatory statement would doubtless facilitate the tracing of titles, but that is straining the r act to a purpose not contemplated by it, and to which the provisions are therefore not adapted ; the inten- tion of the act is clearly to require no greater exposure of a title than will have the effect of guarding a pur- * Rigge on Reg. p. 57, ON REGISTERING DEEDS. chaser against secret conveyances, or will, as it is correctly observed, act as a beacon* to warn against fraud, ad ea qua frequentibus accidunt jura adaptantur, that object is amply at- tained by such a disclosure as will necessarily lead to a minute inves- tigation, and when a purchaser dis- covers that any deed has been exe- cuted, affecting property in question, of which he is not apprised, if he does not require a satisfactory explanation, or the production of that deed, he is guilty of a degree of negligence and folly which legislation cannot provide against. Motives of fairness and candour are said to have given rise to the practice, but if so, surely those lau- dable incentives have lead to very in- judicious measures ; its origin may, perhaps, with more correctness, be at- tributed to excessive caution, or an attempt to pervert the provisions of * Rigge on Reg. p. 68. 41 4-2 ON REGISTERING DEEDS. the act to an extraneous operation, and to embrace two objects which are incompatible ; for if the chain of title is retained, by the diffuse infor- mation requisite for that purpose, the privacy, which the statute unites with the intended security, must ne- cessarily be rejected ; and there is reason to apprehend that the sub- stance is sacrificed to the shadow, for there is no enactment in the Middle- sex act that the books of registry shall be admitted as evidence, in case of the deeds being destroyed*, and they would 'not have the effect of a. record of the courts at Westminster, where deeds are acknowledged and transcribed, or of the books of registry in the North Riding of the county of York, where express provisions are made for that purpose ; purchasers may, where deeds were lost, have been satisfied with the disclosure of the na- ture thereof in the register, but there * Rigge on Reg. p. 144. ON REGISTERING DEEDS. 43 is no legal security in that informa- tion. Great repugnance is generally felt to exposing the incumbrance of an estate by mortgage, and a solicitor who unnecessarily divulges such a transaction, is justly considered guilty of a dereliction from his duty ; as- suming then, that introducing the na- ture of a mortgage upon the registry can give no greater efficacy to the deed than recording it in the precise and contracted terms which the law imposes* it follows, that the pub- licity which is given to it by the mode of registry in practice, is nei- ther incumbent nor justifiable ; and that odium and suspicion, and an ac- cusation of disingenuous conduct, which it seems attach to a deviation from the prevailing practice, are very little merited by a person who, in- fluenced by that opinion, conforms only to the enactments of the legisla- * Iligge on Reg. p. 57. 44 ON REGISTERING DEEDS. ture : and in a case mentioned *, where the solicitor of a mortgagee is employed to prepare the security and the memorial of it, which is very usual, there seems to be no good rea- son why he should commit an act of indelicacy, if not of impropriety, to- wards the mortgagor, which will in " no respect tend to encrease the secu- rity of his own client. In the act relating to the North Riding of York, it will be seen that, permission is given to regis- ter deeds at length, and, in that case, provision is made for admit- ting the registry as evidence in the event of the deeds being destroyed ; from which it might be inferred, if the reasoning wanted that support, that the ordinary mode of registry would not be so admitted ; except un- der those provisions in the North Riding, it is not the general practice in the county of York to insert in * Rigge on Reg. p. 57. ON REGISTERING DEEDS. 4.5 memorials a more copious descrip- tion than the acts require. And it is enacted, that where there are more writings than one for mak- w !? re m , orc writings than ing and perfecting any conveyance "Jj; r ^JJjj! g or security, which do name, mention, conveyance, J &c. what me- or any ways affect or concern the moriaito contain. same honours, manors, lands, tene- ments, or heriditaments, it shall be a sufficient memorial and register thereof, if all the said honours, &c. and the parishes, townships, hamlets, or extra-parochial places wherein the same lie, be only once named or mentioned in the memorial or regis- ter of any one of the deeds or writ- ings, made for the perfecting of such conveyance or security ; and that the dates of the rest of the said deeds or writings relating to the said conveyance or security, with the names and additions of the parties and witnesses, and the places of their abodes, be only set down in the memorials and registers of the same, with a reference to the 46 ON REGISTERING DEEDS. deed or writing, whereof the me- morial is so registered, that con- tains or expresses the parcels men- tioned in all the said deeds, and di- rections how to find the registering the same. This clause appears * to have been applied, in practice, to cases which the terms of it certainly do not war- rant ; in the memorial of an assign- ment of a mortgage to a third person, the registry of the mortgage should not be referred to for a description of the parcels, nor of an assignment of a lease, the registry of the lease ; except in cases of registering more writings than one for perfecting a se- parate conveyance or security, and all relating to the same transaction, such a reference- is not authorized by the statutes, and such a registry would be defective and void against a subsequent purchaser without no- tice. Rigge on Reg. p. 110. 113. 117- 1-18. ON REGISTERING DEEDS. 47 And in case of mortgages, whereof memorials shall be registered, it is enacted, that if, at any time after- wards, a certificate shall be brought Certificate of the discharge to the said registrars or masters, signed of mortgages. O 7 O by the mortgagee or mortgagees in such mortgage, his, her, or their exe- cutors, administrators, or assigns, and attested by two witnesses, whereby it shall appear that all monies due upon such mortgage have been paid or sa- tisfied, in discharge thereof, which witnesses shall, upon their oaths, be- fore the said registrars or masters, or before a master in chancery, ordinary or extraordinary, prove such monies to be satisfied or paid accordingly, and that they saw such certificate signed by the said mortgagee or mortgagees, his, her, or their execu- tors, administrators, or assigns, then, and in every such case, the said re- gisters or masters shall make an entry in the margents of the said register- book, against the registry of the me- morial of such mortgage, that such 4S ON REGISTERING DEEDS. mortgage was satisfied and dis- charged according to such certificate, to which the same entry shall refer ; and shall after file such certificate, to remain upon record in the said regis- ter office. And in York- In the three Ridings of the county shireofjudg- ments,&c. of York and Kingston-upon-HulI, si- milar certificates of the discharge of judgments, statutes, and recogni- zances are authorised to be regis- o tered ; and, in the North Riding, the signature of the certificate by the mortgagee, plaintiff, or cognizee, their executors, administrators, or assigns, and payment of the money may be proved before any one of the judges or of the masters of the court of chancery, or before the register or his deputy. In the West and East Ridings and Kingston-upon- Hull, the certificates are required to be signed by the mortgagors and mortgagees, plaintiffs and defendants, coo-nizors and cojmizees, their re* o o spective executors, administrators, or ON REGISTERING DEEDS. 4,9 assigns, and the signature of tfe cer- tificates and payment of the money must be proved before the register or his deputy. The first registry acts having passed little more than twenty years after the statute of frauds, whereby it is enacted, " that no lease, estate, or interest of freehold, or term of years, or any uncertain interest, not being copyhold, shall be surrendered, unless by deed or note, in writing, signed by the parties surrendering the same ;" there can be little doubt that the mortgage certificate, when signed by the parties acknowledging payment and satisfaction in discharge of the mortgage, was intended to operate as a surrender, which " does not require any technical words, but such only as * express the intention*," and is de- fined to be " a yielding up of an estate for life or years to him that hath an immediate estate in reversion * a Rol. Ab. 497. E 50 ON REGISTERING DEEDS. ^^ or remainder, wherein the estate for life or years may drown * ;" but it is, notwithstanding, the general opinion that this certificate would not divest the mortgagee of the legal estate, and that a purchaser cannot be compelled to accept it ; and it is never relied upon now, as a note in writing to operate as a surrender must have the appro- priate stamp. And in cases of judgments, the Contents of memorial is to express and contain memorials of . . judgments, the 11311168 Ol the plaintltlS, and the names, additions, and places of abode, (if any such be in such judgment,) of the defendants, the sums thereby re- covered, and the time of the signing thereof. And of statutes and recog- nizances, the date of such statute or recognizance, the names, additions, and places of abode of the cognizors and cognizees therein, and for what sums and before whom the same were acknowledged ; and that, in or- * 1 LwU 337 b. ON REGISTERING DEEDS. 61 der to the making an entry of such memorials of judgments, statutes, and recognizances, as aforesaid, the party and parties desiring the same shall pro- duce to and leave with the said regis- ters or masters, to be filed in the said public or register office, a memorial of such judgment, statute, or recog- nizance, signed by the proper officer or his deputy, who shall sign such judgment in the same office, or by the proper officer in whose office such statute or recognizance shall be inroled, together with an affidavit, sworn before one of the judges at Westminster or a master in chancery, that such memorial was duly signed by the officer whose name shall ap- pear to be thereunto set, which me- morial such respective officer is re- quired to give such plaintiff or plain- tiffs, cognizee or cognizees, or his, her, or their executors or administra- tors or attorney, or any of them, he, she, or they paying for the same the sum of one shilling ; and that the E ON REGISTERING DEEDS. said register or master shall make an entry, and likewise (if required) shall give a certificate in writing, under his hand, testified by two credible wit- nesses, of every such memorial of any judgment, statute, or recognizance, brought to him to be registered as aforesaid, and therein mention the certain day on which such memorial is registered or entered, expressing also in what book, page, and num- ber, the same is entered. In the North Riding of the county of York, the solemn affirmation of a witness to the signature by the officer being a Quaker is admitted. The following provisions being ra- ther in the nature of privileges per- mitted, are separated from the man- datory enactments. In the three Ridings of the county of York and the town and county of bar^nslnd KingstoiMipon-Hull, it is enacted in a loiea f by nds that bargains and sales of any ma- i e eSvSJSf rs, lands, &c. within those districts as if inroled ^ j^ s | m] ] fa ' inro ] e( \ by the ON REGISTERING DEEDS. 5:3 ters or their deputies, shall be as ef- ^^l' fectual and available, to all intents 16 - and purposes, as if the same had been inroled in one of the courts of record at Westminster, or before the custos rotulorum and two justices of the peace and the clerk of the peace, ac- cording to the act of 2?th Henry 8th c. 16. " for inrolments of bargains and sales ;" and that one or more justice or justices of the peace of the said respective Ridings shall have power to take and enter the acknow- ledgment of the bargainer, if but one, or of one of the bargainers, if more than one ; and that the said register or his deputy should inrol, by en- grossing in parchment-books, all such bargains and sales, and endorse a certificate thereon of the times of in-. roling, and sign the same ; and that all deeds of bargain and sale so in- roled, which shall appear to be so in- roled, by such endorsement or certi- The copies cate thereon, and all copies of the in- * rolments thereof, remaining on record jjH a . cvl 54 ON REGISTERING DEEDS. in the said register offices, shall be al- lowed in all courts where such bar- gains and sales or copies shall be pro- duced, to be as good and sufficient evidence as any bargains and sales inroled in any of the courts at Westminster, and the copies of the inrolments thereof. And that every such inrolment, of every such deed, shall be deemed and have the same effect as entering a memorial in the register office pursuant to the acts. Deeds of bar- And that in all deeds of bargain ofTstateVof 6 an d sale so inroled, whereby any es- inroied ples tate of inheritance in fee simple is li- m it ec ^ to tne bargainee and his heirs, the words grant, bargain, and sell, shall amount to and be construed and adjudged, in all courts of judica- ture, 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 ^t the time of ON REGISTERING DEEDS. 60 the execution of such deed seized of the hereditaments and premises thereby granted, bargained, and sold of an indefeazible estate in fee simple from all incumbrances, (rents, and services due to the lord of the fee only excepted) and for quiet enjoy- ment thereof against the bargainer,, his heirs, and assigns, and all claim- in 2; under him, and also for further O ' assurance thereof to be made by the bargainer, his heirs, and assigns, and all claiming under him ; unless the same shall be restrained and limited by express particular words con- tained in such deed ; and that the bargainee, his heirs, executors, ad- ministrators, 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 in- serted in such bargain and sale. And in the act relating to the North Riding of the county of York, after reciting that deeds have been of- "V, 1 '" 5 * , a , 1 full length. 66 ON REGISTERING DEEDS. ten destroyed by fire and other acci- dents, it is enacted, that any person or persons having or claiming title to any honours, manors, lands, &c. in that Riding, may register, at full length, in the said register office, all and every or any, the deeds, writ- ings, wills, or conveyances, by or un- der which such title shall be claimed ; and the said register or his deputy is thereby authorised to enter and in- rol all such deeds, writings, wills, and conveyances, as shall be brought to be registered at full length, by en- grossing them in parchment-books ; and that the said register or his de- puty shall mention in the margin the time of every such entry or inroL ment and shall endorse and sign a certificate on such deed, conveyance, or will, in manner as is directed where a memorial is entered, and shall safely keep all and every the books wherein such entries and in- rolmehts shall be made, and that all copies of such entries, and inrol- ON REGISTERING DEEDS. 57 ments of such deeds, writings, wills, and conveyances so registered, at full length, and which copies shall be signed by the said register or his de- puty , and attested by two or more witnesses, shall be allowed in all courts of record to be good and suf- ficient evidence of such deeds, writ- ings, wills, or conveyances, so regis- tered and destroyed by fire or other accident. And it is enacted, that at the time whattesti- , mony neces- any deed, conveyance, or will, shall sary before 11 i i ) r registering at be brought to the said register s of- full length. fice to be registered or inroled at full length, one of the witnesses to the execution of such deed or con- veyance, or to the signing and pub- lishing such will, shall make oath, or, being one of the people called Qua- kers, take his solemn affirmation, be- fore the said register or his deputy, that such deed or conveyance was duly executed by the grantor or grantors, or that such will was signed and published by the devisor or tes- 5g ON REGISTERING DEEDS. tatrix: and, when such deeds, con- veyances, and wills, are made and executed in any place not within forty miles of the said office, that a similar affidavit or affirmation may be made in writing, before one of the judges or a master in chancery, ordinary or extraordinary. Registry at And that such inrolment or regis- full length to be deemed try, at full length, shall be deemed memorial, and have the same effect as entering a memorial pursuant to the act, and the certificate be allowed as evidence of such inrolment or registry in all courts of record whatsoever. It now remains to consider the operation or effect of these statutes, which depends upon the construction with regard to notice. It is observed by Lord Redesdale, in his treatise*, that " principles of decision adopted by courts of equity, when fully established, and made the grounds of successive decisions, are * P. 4, ON REGISTERING DEEDS. considered by those courts as rules to be observed with as much strictness as positive law ;" and Sir Joseph Je- kyll* said, " though proceedings in equity are said to be secundum dis- cretionem boni viri ; yet when it is asked, vir bonus quis est? the an- swer is, qui consulta patrum, qui le- ges juraque servat ;" and these opi- nions are acquiesced in, by the high- est authorities, as strictly constitu- tional ; the equitable construction of these statutes may, therefore, be con- sidered as settled by the decisions hereafter cited, on the points to which they refer ; the first of which is, whether registering a memorial of a deed, pursuant to these acts, will operate as notice of such deed to all persons, as a judgment at law or a decree in equity would ; and it was determined, by the following cases, that it will not. . * Coicper v. Cowper, 2 P. Wins. 753. 60 Bedford v. Backhouse, 2 Eg. Ca. Abrid. 615. pi. 12. Wriglitson Ca. Abrid. 696. pi. 7. ON REGISTERING DEEDS. A. lent money on a mortgage in Middlesex, which was duly regis- tered ; afterwards B. lent money on mortgage of the same lands, and his mortgage was also registered ; and then A. advanced a further sum on the same lands, without notice of the second mortgage. It was held, by Lord Chancellor King, that the regis- tering of the second mortgage was not constructive notice to the first mortgagee before he advanced the latter sum ; for though the statute avoids deeds not registered, as against purchasers, yet it gives no greater efficacy to deeds that are re- gistered than they had before ; and the constant rule of equity is, that if a first mortgagee lend a further sum of money, without notice of a second mortgage, his whole money shall be paid in the first place. Wrightson advanced 800 on a mortgage in Yorkshire, which was re- gistered ; afterwards, Hudson lent a ON REGISTERING DEEDS. 61 sum of money and took a judgment for it, which was registered, and then Wrightson advanced ,270 more, without express notice of Hudson's judgment; though it was urged, on a bill brought by Wrightson to fore- close, that Hudson ought to redeem upon paying the first mortgage, for that, where such registers prevail, every incumbrance should be satis- fied, according to the priority of its registry, and that the registering Hudson's judgment was constructive notice to Wrightson, sufficient to de- prive him of the common benefit of a court of equity, whereby a first mortgagee, without notice, is to hold till all subsequent incumbrances are discharged; yet it was resolved by Sir Joseph Jekyll, master of the rolls, that these statutes avoid only prior charges not registered, but do not give subsequent conveyances any further force against prior ones regis- tered than they had before : That to N REGISTERING DEEDS. have affected Mr. Wrightson, Hud- son ought to have given him notice when he advanced his money, and that though Wrightson might have searched the register, he was not bound to do it ; and therefore it was decreed, that Hudson and the mort- gagor should be foreclosed, unless they paid off both plaintiffs secu- rities. So in Williams v. Sorrell. 4 Ves. Jun. 389- In opposition to the foregoing de- cisions, Lord Hardwicke, in a case* which came before him four years only after the determination of Wrightson v. Hudson, is represented to have said, that " the register act was notice to the parties and notice to every body ; and that the mean- ing of this statute was, to prevent pa- rol proofs of notice or not notice ;" * Hine v. Dodd t p. ON REGISTERING DEEDS. 63 but the case did not at all turn upon that point, and therefore there was no such decision*; and that con- struction has never since been re- cognized, nor was it ever before o . adopted. It may then be considered as set- tled, that the statutes do not operate as notice, and therefore, that a per- son having the legal estate is not bound to search the registry for in- cumbrances subsequent to the time of his becoming seized thereof, as in o case of a mortgagee advancing more money -f*. And it is remarked, by Mr. Sug- den, that the rule would apply to a mortgagee lending a further sum of money to the mortgagor, with- out notice of the sale of the equity of * Rigge on Reg. p. 39. f Lord Hale held it right that a third mort- gagee should, as he said, seize the tabula in naufragio, by purchasing the first mortgage to the exclusion of the second. (J4 ON REGISTERING DEEDS. redemption, and that therefore, a pur- chaser of an equity of redemption of an estate should, immediately after the sale, give notice of it to the mort- gagee, although the estate is in a re- gister county and his conveyance is duly registered. By the following decision of Lord Camden, in 176*8, it will appear that the construction in Bedford v. Back- house was considered by him a set- tled principle, and also, as far as this case can be considered authority, that a person obtaining the legal es- tate shall not be prejudiced by a prior equitable incumbrance, which was duly registered, but of which he had not notice. Morecockv. George Wilson being indebted to Amb /7 G78. Morecock in 2065 5s. and having a lease of ground and buildings, in Middlesex, it was agreed, by deed, which was registered a few days af- terwards, that the lease should stand as a security for 800 and interest ; and Wilson gave a bond and judg- ON REGISTERING DEEDS. 65 ment for the remainder of the ba- lance to be paid by instalments ; but, in case Wilson should neglect to make good any of the payments, it was agreed that Wilson should give Morecock a security for the same upon the premises comprized in the lease. Shortly afterwards, Wilson mort- gaged the same premises to defend- ant Dickins for ,800 and interest, and delivered to him the lease. Wilson became a bankrupt, and Morecock filed his bill to be paid the .800, agreed to be secured on the premises, prior to Dickins's mort- gage. Dickins filed a bill to be paid his mortgage money or to foreclose. It was admitted, by the counsel for Morecock, that Dickins, having got the legal interest, would be entitled to priority, unless he could be af- fected by notice. That there was no evidence of actual notice, but it was insisted that the registration was notice of itself. That to give the re- 66 ON REGISTERING DEEDS. gister act its proper and intended ef- fect, the act of registration ought to operate as notice, and it was com- pared to the case of judgments, of which that first docketed shall have the priority. On the other side, it was argued for the defendant Dickins, that the registry act was made for one single purpose, to give preference to a pur- chase deed registered, before a prior deed not registered ; but the act gives no greater efficacy to deeds which are registered than they had before ; and the case of Bedford v. Backhouse was cited for that purpose. That, in the present case, Dickins having got the legal interest, was entitled to be paid before a prior equitable in- cumbrancer, unless he was affected by notice. That here was no actual notice, and the registration was not constructive notice, according to the above determination. Lord Camden, chancellor. >" The question is, whether registration is ON REGISTERING DEEDS. 67 presumptive evidence to all mankind. If this was a new point, it might ad- mit of difficulty ; but the determina- tion in Bedford v. Backhouse seems to have settled it, and it would be mischievous to disturb it. The act provides for one single case only, that is, to make unregistered deeds void against registered deeds ; but there is no provision by the act, in a case where all the deeds are regis- o tered. And yet it becomes a serious question, whether a court of equity should not say that, in all cases of re- gistry, which is a public depository for deeds, and to which any person may resort, a subsequent purchaser ought not to search, or be bound by notice of the registry, as he would of a decree in equity or a judgment at law. It is a point in which a great deal of property is concerned, and is a matter of consequence. Much pro- perty has been settled, and convey- ances have proceeded upon the ,F 2 66 ON REGISTERING DEEDS. ground of that determination . In the case of Vandebendy, in the House of Lords, the doctrine about dower prevailed, because it had been practised in a course of conveyance ; a thousand . neglects to search have been occasioned by that determina- tion, and therefore I cannot take upon me to alter it ; if it was a new case, I should have my doubts ; but the point is closed by that determi- nation, which has been acquiesced in ever since." The equity of this construction of the statutes lias been questioned, and not without reason, for, in this case, Morecock had no means what- ever of giving notice of his equitable incumbrance to Dickins, who after- wards acquired the legal interest ; Dickins, on the other hand, might have searched the registry, and thereby have been apprised of the prior equitable charge ; in the case of Bedford v. Backhouse, which seems ON REGISTERING DEEDS. 69 to have guided this decision, the se- . cond mortgagee neglected to take that precaution which the established rule of equity required, by giving no- tice of his security to the first mort- gagee, whose incumbrance he would have been made acquainted with, on searching the registry; these cases were, therefore, clearly dissimilar, and it is consequently doubted whe- ther Lord Camden's decision would be considered authority ; but it may be observed that, although the case on which the decree appears to have been grounded, was not precisely in point, and the construction was evi- dently a reluctant one, yet the quan- tity of property which had been set- tled, seems to have been considered, by his lordship, a sufficient reason for not disturbing the practice which had prevailed, as it was in the doc- trine of dower, in the case of Van- debendy*. * Lor agent, still it tice to the agent is sufficient ; for if is , ad circumve- the ground is the fraud or mala fides niendum. of the party, then it is all one whe- ther by the party himself or his agent, still it is machinatio ad cir- cumveniendum and the putting a copy of the first articles and settle- ment into Norton's hands, to take the opinion of counsel in what man- ner they could be set aside, is a con- trivance to circumvent. It has been said, if this woman has been imposed on by her husband, she, instead of cheating, has been cheated. But then who OUght to Suffer, the He certainly who trusts person intrusting an agent, or a mostoughtto ,.*", i . suffer most. stranger who did not employ him:' lie certainly who trusts most ought to suffer most. Mr. Ilatt, the third mortgagee in the case in 2 Vern. mentioned be- !i fore, was imposed on, and so was Moore, in the other case reported z 90 ON REGISTERING DEEDS. make all the there, clearly imposed on ; and yet See Jem-- ^ this was to be any excuse, it would u a sekiom r make all the cases of notice very pre- the agenufas carious ; for it seldom happens but hTs P prTncipai. the a g ent has imposed on his princi- pal; and, notwithstanding that, the person trusting ought to suffer for his ill-placed confidence. Therefore in both respects, as agent and trustee, notice to Joseph Nor- ton is notice to the defendant Mary likewise ; and also, as to the registry act, here is a sufficient equity in the plaintiff to postpone the second ar. tides and settlement, notwithstanding these only have been registered ; and his lordship decreed accordingly. But, from the following decisions, it will be seen that the court will not give any relief, except in cases of ap- parent fraud or clear and undoubted notice to the subsequent purchaser of the prior deed or incumbrance; suspicion of such notice is not suffi- cient. iiine\.Dodd A bill was brought by a judgment 2Atk.275. 6 J J b ON REGISTERING DEEDS. creditor to be let in upon an estate of one Proof and his wife, in Mid- dlesex, preferably to the defendant, who was a mortgagee of the same estate, upon a suggestion that the de- fendant had notice of the judgment before the mortgage was executed, and likewise to enquire into the con- sideration of the mortgage. The judgment was entered up on the 12th of March, 1733, but not registered till the I2thof June, 1735. The mortgage was made the 24th May, 1735, and registered June the 2d, 1735. Lord Hardwicke " This case de- pends upon the notice the defendant had of the judgment before his mort- gage was registered. ' The register act, the 7th of Ann. c. 20. is notice to the parties and a notice to every body ; and the meaning of this sta- tute was to prevent parol proofs of notice or not notice. But, notwith- standing, there are cases where this court have broke in upon this, ON REGISTERING DEEDS. though one incumbrance was regis- tered before another, but it was in cases of fraud : the first was an Irish case in the House of Lords*, the next was a Yorkshire case before Lord Chancellor King-f. There may, possibly, have been cases upon no- tice divested of fraud, but then the proof must be extremely clear. " But though, in the present case, there are strong circumstances of no- tice before the execution of the mort- gage, yet, upon mere suspicion only, I will not overturn a positive law." His lordship having commented on the evidence, observed that there was barely the evidence of a defendant's confession in contradiction to his an- swer, and, contrary to a positive act of parliament, made to prevent any temptation to perjury from contra- riety of evidence. * Lord Forbes v. Derision, ante p. 73. f Blades v. Blades, ante p. 74. ON REGISTERING DEEDS. 93 But what weighed principally with his lordship was, the great dan- ger of overturning an act of parlia- ment, and making it mere waste paper. To be sure, apparent fraud or clear and undoubted notice would be a proper ground of relief, but suspicion of notice, though a strong suspicion, not sufficient to justify the court in breaking in upon an act of parliament. His lordship therefore decreed, so far as the plaintiff's bill sought relief by postponing the defendant's mortgage to the plaintiffs judgment, that it should be dismissed without costs. Edward Jolland being tenant in Joiiandv. , "" . Stainbridge, tail or an estate in Middlesex, under 3Ves. Jun. 478 the will of Robert Long, granted a lease of part of the premises to Da- niel Hands, for 6l years, which was ultimately assigned to the defendant by indenture, dated thepth February, 1790, nnd this deed and the lease and rt , ON REGISTERING DEEDS, y* intermediate assignments were regis- tered. After the death of Edward Jol- land, the plaintiff, his only child, brought an ejectment claiming as is- sue in tail under Long's will ; but the will not having been registered, she was nonsuited. She then filed this bill, charging no- tice to Hands, previous to the lease, and also to the defendant previous to his becoming entitled. The master of the rolls decreed that the bill must be dismissed, the plaintiff not having made out a case to entitle her to the relief prayed for. He observed that there were a great many suspicious circumstances in this case, but, after commenting upon the evidence, that whatever the rule might be as to the registra- tion of deeds, it was impossible to let such evidence as that be brought to prove notice upon a purchaser for valuable consideration. He must admit then that the registry is not ON REGISTERING DEEDS. 95 conclusive evidence ; but it was equally clear that it must be satis- factorily proved, that the person who registers the subsequent deed must have known exactly the situation of the persons having the prior deed ; and, knowing that, registered, in or- der to defraud them of that title he knew at the time was in them. The grounds on which he dis- missed the bill were, first, that there was not sufficient proof of notice to Hands, nor secondly, to Stainbridge. The master of the Rolls regretted that the statute had been broken in upon by parol evidence, but was very glad to find Lord Hardwicke, in Hine and Dodd, said, that nothing short of actual fraud would do. It appears, however, that Lord Hardwicke said, apparent fraud or clear and undoubted notice would be a proper ground of relief. It has been observed, that the de- cisions on these statutes have served, instead of repressing doubts, to dis- 96 ON REGISTERING DEEDS. tract the mind with uncertainty and confusion, by the contrariety of their doctrines*; but it is presumed that due attention to the foregoing cases will shew that there is nothing irre- concilable or discordant in the deci- sions of the courts; Lord Hardwicke's dictum indeed, is in opposition to them ; but so long as it remains the province of courts, conformably to the established principles of equity, jus dicer -e nonjus dare^ the point may be considered determined against o him, consistently with a due respect for that learned judge, of whom Lord Mansfield used to say-f*, " when he pronounced his decrees, Wisdom her- self might be said to speak/' * Rigge 44 and 39. f Butler's Horse Jur. APPENDIX. MEMORIALS must be written upon vellum or parchment, and the deed or will, or probate thereof, must be produced to the register or master at the time of entering the memorial, who must indorse a certificate on the deed, will, or probate, of the day, hour, and time of registering, and in what book, page, and number. Memorial of Indentures of Lease and Release. A memorial to be registered of indentures of lease and release, bearing dat e respectively the and days of 1818, the lease made between A. B. of in the county of Esquire, of the one part, ancl C. D. of, &c. of the other part, and the re- lease made between the said A. B. and R. his wife, of the first part, [insert a full dc scrip- H 98 t APPENDIX. tion of all ' the parties, as in ike deeds] they comprise all [insert the description of parcels from the deeds,- including the names of the pa- rishes, hamlets, fyc. where situated, but instead of the general words] with their rights, members, and appurtenances ; and the said indentures of lease and release, as to the execution thereof by the said A. B. are witnessed by T. P. of, &c, and W. B. of, &c. [the residence and occupation of all witnesses must be added to their names in the attestations and memorials] and the said in- denture of release, as to the execution thereof by the said C. D., is witnessed by, &c. [and so of all the parties who execute] and the said inden. tures of lease and release are hereby required by the said L. M*. to be registered, pursuant to Act of Parliament. As witness his hand and seal this day of 1818. L. M. (L. s.) Signed and sealed in the presence of T. Pf. R. S. * Any one of the grantors or grantees, his or their heirs, executors or administrators, guardians, or trustees, as in pre- cedent, p. 103. t One of the witnesses to the signing of the memorial must be one of the witnesses to the execution of the deed by a grantor, icho must make oath of both, either at the register office, or by affidavit, as in precedent t p. 110. APPENDIX. 99 Memorial of an Indenture of Mortgage, or any other single Indenture. A memorial to be registered of An indenture bearing date the day of 1818, made between A. B. of, &c. of the first part, [describe all the parties as rn the deed] it comprises all * [insert the descrip- tion of parcels from the deed, with names of pa- rishes, hamlets, , . 109 of the discharge of mortgages ; why disused 49 of satisfaction of judgments, registering in Middlesex inoperative ',;; v. : 24 Chattels and goods, distinction between, as regards leasehold property t .> .. , , , ,, . 25 Conveyances, memorial of to be registered .,*,, ,9 must be produced to the register at the time of entering , . - **.. .-. . ' 35 when more writings than one relating to, memorial may refer for a description of parcels to a prior registered deed . 45 erroneous application in practice . ib. may be registered at full length in the North Riding, and copies to be then admitted as evidence , ,.. ' . . . 44, 45 testimony necessary to such registry . 57 to be deemed entering a memorial . 58 See title Memorials. INDEX. ll> Pag* Copyhold, act does not extend to .27 what leases thereof should notwithstanding be registered . .,,;.. . . ib. Copies (office) of wills, registry of inadmissible . 38 of deeds and wills, registered at full length in the North Riding, admitted as evidence . 54 Corporation, affixing seal of, tantamount to signing and sealing . . .37 Court, and Chancery Inns of excepted . . 27 Courts, decisions of, perfectly consistent with each other . . . 96 D. Decisions of the courts determine the operation of the statutes . ' . '*' . . 59 consistent With each other . . 96 observation of Lord Hardwicke is in opposi- tion to . . , . . 62, 96 See title Notice. Decrees of courts of equity, registry of a useless expense . pV? ;'' ; . 31 Deeds and Deeds Poll See titles Conveyances and Memorials. Devise See title Will. Disclosure in memorials of the effect of deeds and wills, considerations on the propriety of 39 Docketing judgments necessary V *'- 23 E. Elegir, leasehold property may be extended on . 25 110 INDEX. Page Equitable decisions See title Notice. Equity of redemption, a purchaser of should give notice to the mortgagee / ' * . 63 Exception of copyhold, what leases thereof should nevertheless be registered v .27 of leases '. ' '">.'-' ; . . ib. at rack rent, need not be registered . 28 nor if not exceeding 21 years . 29 unless mortgaged ' ;. * . ib. Execution, writs of, useless to register . 24 Executor See title Memorial. F. Fraud See title Notice. G. Goods and chattels, distinction ""between, as re- gards leasehold property f . 23 Grants of annuities must be registered ^ ; . 24 H. Hale, Lord, his remark in justification of pur- chasing the first mortgage in exclusion of the second , . > .63 Hardwicke, Lord, his dictum on the statutes ope- rating as notice, erroneous . 62 and 96 Lord Mansfield's observation on . .96 INDEX. lit Page Heir at Law, devisee being need not register . 21 See title Memorial. L Incumbrances need not be searched for, in Middle- sex, in the books of the Courts at West- minster, nor in Yorkshire, except for what periods . - * . . . 23 a person having the legal estate need not search for subsequent ones - . I . . 63 Inns of court and chancery excepted . . 27 Inrolment See title Bargains and Sales. Judgments, memorial of to be registered . 3, 22 must be docketed ;*< v i .23 whether they affect leaseholds, till execution delivered to the sheriff . .,. + - , 24 See title Memorial. certificates of discharge of, in Yorkshire . 3, 48 in Middlesex inoperative . . 24 See title Certificate. L. Lease and release, form of memorial of . 97 Leasehold property, will bequeathing need not be registered ; ." ' , .21 whether affected by a judgment till execu- tion delivered to the sheriff " . 24 Leases See title Exceptions. 118 INDEX. Page Legal estate, person having need not search for subsequent incutnbrances .-'* . . ) See title Notice. London, city of, not included in the Middlesex Act 30 M. Macclesfield, Lord, his remark on the inconve- nience of shaking settled determinations . 69 Mansfield, Lord, his observation on Lord Hard- wicke .- \. . . .96 Memorials of deeds and wills to be registered .- 3, 6 of an assignment of a lease or mortgage, no re- gistry of those deeds . ... 4 need not contain a disclosure of the effect of deeds and wills . .- .39 of more writings than one relating to the same conveyance or security, may refer for a de- scription of the parcels to a prior registered deed . . . . .45 this provision improperly applied in practice . ~ . . . 4-> when registered by the heir, executor, &c. the deed need not be executed for that pur- pose , . . . . .37 of deeds, how to be executed and attested 31, 36 what to contain . < . .34 of wills, how to be executed and attested . 32 what to contain ;i v . ** .'; " . 34 of judgments, statutes, and recognizances, what to contain 50 INDEX. 119 Page Memorials of deeds, forms .' "'''"- 97,99 of wills, form ". . . ' . . 101 of judgments, statutes, and recognizances, forms . . ., 106, 107, 108 where more writings than one . '" . 102 when registered by the heir, &c. . . 103 Of other instruments sec the several titles. Mortgagee having the legal estate aad advancing more money, is not bound to search for in- termediate incumbrances . . . 6*3 Mortgages ought not to be exposed by registry . 43 See titles Conveyances and Memorials. discharge of See title Certificates. N. Notice, registry does not operate as . . 59 should be given by a purchaser of an equity of redemption to the mortgagee ., . (S3 a person obtaining the legal estate will not be prejudiced by a prior equitable incum- brance, duly registered, of which he had not notice . . .64 equity of the above construction doubt- ful . . . .68 sanctioned by Lord Redesdale's obser- * ' , vation . . . '. . . 70 a purchaser, whose deed is registered, having had notice, at the time of his purchase, of a prior incumbrance, not registered, will be bound by it in equity . . .72 ISO INDEX. Pagr Notice must be clear and undoubted notice, or ap- parent fraud . . . .90 o. Oath See title Affidavit. Objection to discharging mortgages by certificate 4P Observations on the effect of omitting to register wills within the times mentioned in the sta- tutes . . ..^ -. ,', ~ ,> ., . 10 on the disclosure in memorials of the effect of deeds and wills ,.,,;.,_' ;,'., - M ,^ , 39 Office copies of wills inadmissible for registry . 38 Orders and decrees of courts of equity, registry of useless . . . . 31 P. Principles of former decisions are considered esta- blished rules of equity . . 58 Probate See title Will*. Purchaser, deeds void against subsequent, unless registered ... . . ., .4 so of wills . . . * 6 in Middlesex, need not search the books of the courts at Westminster for incumbrances, nor in Yorkshire, except for what periods . 23 of an equity of redemption, should give notice to the mortgagee . . . . (j3 INDEX. isi R. Page Recognizances to be registered . . 3, 2*2 See titles Certificate and Memorial. Record, courts of See title Purchaser. Redesdale, Lord, his observations respecting prin- ciples of decisions in equity . . 58 on the registry of an equitable incumbrance . 70 Registry of deeds and wills at full length, in the North Riding, is admitted, and copies thereof to be received as evidence . 55 testimony necessary to -;i .* .57 such to be deemed entering a memorial 58 does not operate as notice . ;'- . 59 Lord Hardwicke's observation thereon erroneous , ( . . .62 Release, lease and, memorial of . . .07 Repugnance of individuals to expose mortgages, and impropriety of doing so by registry . 43 Rules of the courts of law, registry of useless . 31 s. Seal of a corporation affixing tantamount to a sign- ing and sealing V . ' . .37 Securities See titles Mortgages, Conveyances, and Memorials. Serjeant's Inn, exception of in the Middlesex act does not extend its operation to the city of London . . . " . .30 K 122 INDEX. Page Sheriff will not allow his office to be searched for writs of execution . .. . 2(J Statutes for each county, &c. . , . . 1 operation of, settled by the decisions of the courts . . . i*- 1 . 59 staple or merchant to be registered . 3, 22 See titles Memorials and Certificates. w. Wills, memorial of to be registered, &c. ^.^ . 3, 6 different provisions with respect to them in Middlesex and Yorkshire ' '.' ' '; " . 7 registry of neglected . . . 1O the effect of omitting to register within the , times mentioned in the statutes . . ib, heir at law need not register *'.. . .21 nor a person deriving leasehold property only ib. will or probate to be produced to the register at the time of entering . . .35 neither of the witnesses to the memorial need be a witness to the will . . .38 practice of accepting office copies for registry illegal . . . . ib. memorials need not disclose the effect of . 39 in the North Riding, maybe registered at full length, and then copies to be admitted as evidence . . ' . .55 testimony necessary .--.:* ^ to be deemed entering a memorial . 58 See title Memorial. INDEX. 123 Page Writings, where more than ope, relate to the same conveyance or security, may refer for a de- scription of parcels to a prior registered one 45 memorial, form of . . . ' . 102 Writs of execution, useless to register . . 24 ERRATA. |). 5, 1. ]4> dele and the ineinoriult of them contained a recital of the leise. \t. 24, 1. 12, for analogous read analogous j>. 72, I 4 from the bottom, for qua read qute. THE END. DaTidiou, (S3TGweirCuI>rt, I LAW BOOKS, PUBLISHED BY W. CLAKKE AND SONS. Handsomely printed in a pocket volume containing near 500 pages, price Qs. B1BL1OTHECA LEGUM ; or, Complete Catalogue of the Common and Statute Law Books of the United Kingdom ; with an Account of their Dates and Prices ; arranged in a new Manner, interspersed with Observations from the best Authorities, on the principal Works: a new Edition, with numerous Additions and Corrections, not to be found in any other Law Catalogue now extant. By JOHN CLARKE, Law Bookseller. In royal Bvo. price 5s. 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