Registration of Deeds Act 1721

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further doubt on 6 Anne 2. Sec. 10.

Register, upon delivery of note to him, shall file it, and give negative certificate.

II. And whereas by the said recited act it is further enacted, “That every register, or his deputy, as often as required, shall make searches concerning all memorials, that are registred as aforesaid, and give certificates concerning the same under his hand, if required by any person:” and whereas a doubt hath also arisen, whether the register, or his deputy, are obliged by the said recited act to give negative certificates: and whereas the said act would prove in a great measure ineffectual, and the intent thereof be frustrated, and purchasers rendred precarious and insecure, in case negative certificates be not given by the register, or his deputy, to the person or persons requiring the same: be it therefore further enacted by the authority aforesaid, That when any person or persons shall come to the said register-office, and require any such negative certificate to be given, he, she, or they, so requiring the same, shall deliver unto and lodge with the said register, or his deputy, a note in writing, under his, her, or their hand or hands, and mentioning his, her, or their respective places of abode, to the following effect: (viz.)

The note.

I (or we) desire to know what memorial or memorials are entered in your office of any deeds or conveyances made to any, and what person or persons; or of any and what wills made by of or concerning any and what mannors, lands, tenements, or hereditaments, since the day of in the year of our Lord

And upon delivery of such note in writing, as aforesaid, the said register, or his deputy, shall file the said note, and shall be and is hereby required, as soon as conveniently may be, to give to such person or persons requiring the same, a negative certificate or certificates to the effect following: (viz.)

Certificate.

Upon diligent search made in the register-office from the day in the year of our Lord I do not find any memorial of any deed or conveyance made by to any person or persons, of any mannors, lands, tenements, or hereditaments whatsoever, entred in the said office before the date hereof, except the memorials herein after mentioned, (viz.) Witness my band this day of in the year of our Lord

Two witnesses to certificate: one the person who brings it. Register guilty of fraud or neglect damages and full costs to the party.

Which certificate shall be attested by two or more credible witnesses; of which the person, or one of the persons, who bring such note, shall be one; and if such register, or his deputy, shall be guilty of any fraud, collusion, or wilful neglect, in making out such certificate or certificates, whereby any person shall be agrieved or damnified, such person so damnified, his heirs, executors, or administrators, shall recover his damages against such officer, or his deputy, with full costs of suit.