Registration of Deeds Act 1721
REGISTRATION OF DEEDS ACT 1721 | ||
CHAP. XV. | ||
An Act for explaining and amending two several acts in relation to the publick registring of all deeds, conveyances, and wills. | ||
6 Anne 2. Sec. 6. | ||
Doubt thereupon. | ||
Grantees or devisees dying before they execute a memorial, the heirs, executors, & c. may sign and seal a memorial. | ||
Place of abode of witness to memorial, who is not witness to the deed or will, shall be inserted in memorial. | ||
WHEREAS by an act of Parliament made in this kingdom in the sixth year of the reign of her late Majesty Queen Anne, intituled, An act for publick registring of all deeds, conveyances, and wills, that shall be made of any honours, mannors, lands, tenements, or hereditaments, it is among other things, enacted, “That all and every memorial to be entered or registred, as by the said act is prescribed, shall be put into writing in vellum or parchment, and directed to the register of the office therein appointed; 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, her, or their guardians or trustees:” and whereas a doubt hath arisen, whether in case of the death of the immediate grantee or grantees in any such deed or conveyance, before his, her, or their having duly executed a memorial, the execution of a memorial by the heirs, executors, administrators, or assigns, of such grantee or grantees, be sufficient in order to the entring and registring such memorial within the intent and meaning of the said recited act: and whereas many such immediate grantees have happened to die, before they had executed memorials of their deeds and conveyances, by means whereof, and by reason of the aforesaid doubt, memorials of many deeds and conveyances have not been hitherto registred, and many hereafter may happen not to be registred, which may be to the great prejudice of many of his Majesty’s faithful subjects in their estates and properties for remedy whereof, be it declared and enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That where any grantee or grantees in any deed or deeds, conveyance or conveyances, made and executed since the twenty fifth day of March one thousand seven hundred and eight, or that shall hereafter be made and executed, or any devisee or devisees by any will or wills, as well in cases where the testator hath died since the said twenty fifth day of March, as where the testator shall happen to die hereafter, of or concerning, or whereby any honours, mannors, lands, tenements, and hereditaments within this kingdom of Ireland are or may be any ways affected, hath or have happened, or shall happen, to die, before his, her, or their having executed a memorial of such deed or deeds, conveyance or conveyances, will or wills; it shall and may be lawful to and for the heirs, executors, administrators, or assigns, of such grantee or grantees, devisee or devisees, or for some or one of them, to sign and seal a memorial of such deed or deeds, conveyance or conveyances, will or wills; and the same shall be and is hereby declared to be as valid and effectual for the entring and registring of such deeds, wills, and memorials, from the time of entring and registring the same, as if such memorial had been signed and sealed by some or one of the immediate grantees or devisees named in such deed or deeds, conveyance or conveyances, will or wills; and that in all memorials, hereafter to be signed and sealed, the place of abode of the subscribing witness or witnesses to such memorial, who is not a subscribing witness to such deed or deeds, conveyance or conveyances, will or wills, shall be inserted in the said memortal. |