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REGISTRATION OF DEEDS ACT 1785
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CHAP. XLVII.
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An Act for amending the several Laws relating to the registering of Wills and Deeds in the Registry Office of this Kingdom, and for the better regulating and conducting the Business of the said Office.
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6th queen Aune, c. 2.
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8th Anne, c. 10.
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as relates to hours of attendance of the register or deputy repealed,
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hour of attendance shall he between 10 and 4 o’clock.
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WHEREAS the registry of deeds, pursuant to an act of Parliament passed in this kingdom in the sixth year of the reign of her late Majesty queen Anne, entitled, An act for the publick registering of all deeds, conveyances, and wills that shall be made of any honors, manors, lands, tenements, or hereditaments; and also to another act for amending the same, made in the eighth year of her said late Majesty queen Anne, has been found of general and great utility; and whereas the hours heretofore appointed by the said first recited act, for the attendance of the register or his deputy, are since found to be very inconvenient to the publick; be it therefore 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 from and after the twenty fourth day of June next, so much of a clause in the said first recited act, which requires the attendance of the said register or his deputy, between the hours of nine and twelve in the forenoon, and between the hours of three and fix in the afternoon, be, and the same is hereby repealed; and that from and after the time aforesaid, the said register, or his sufficient deputy, shall give due attendance at his office every day in the week, except Sundays and holidays, between the hours of ten of the clock in the forenoon and four of the clock in the afternoon, for dispatch of all business belonging to the find office.
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8th Geo 1. c. 15. s. z. relative to negative certificates,
persons requiring them were to give a note in writing,
so much of said act as prescribes the form or tenor of such note and negative certificate repealed,
from passing this act the form of the note must be as herein,
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II. And whereas by an act of Parliament, passed in the eighth year of the reign of his late Majesty, King George the first, entitled, An act for explaining and amending two several acts in relation to the publick registry of all deeds, conveyances, and wills, it is enacted, That when any person or persons shall come to the register, and require any negative certificate to be given, the person so requiring the same shall deliver unto, and lodge with the register or his deputy, a note in writing under his hand, in the words in the said recited acts particularly mentioned, or to that effect, and that on delivery of such note, the said register or his deputy shall file the same, and give to such person a negative certificate in the words, or to the effect in the said recited acts also mentioned: and whereas such form as is thereby prescribed for giving and requiring certificates, commonly called negative certificates, hath been found by experience to be attended with so much trouble, delay, and expence, by reason of the very great encrease of memorials deposited in said office, that the intent of taking out such negative certificates hath been in a great measure frustrated, and the practice thereof very much disused; and it would tend to the advantage and security of purchasers and mortgagees if the register should be at liberty to limit and confine his search, and such negative certificate as is or shall be intended to be founded thereon to particular periods of time, lands and persons: be it enacted by the authority aforesaid, That so much of the said clause in the said last recited act as prescribes the form or tenor of such note in writing, to be delivered to, and lodged with the said register or his deputy, as a foundation for a search in the said register office, and which also prescribes the form or tenor of a negative certificate to be given thereon, be, and the same is hereby repealed; and that from and after the time of passing this act, it shall and maybe lawful for every person requiring any certificate, commonly called a negative certificate, to deliver unto, or lodge with the said register or his deputy at the said office, a note or memorandum, fairly written on parchment, and signed with his name in the following words, viz.
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I desire to know what memorial or memorials are entered in your office, of any deeds, conveyances, or wills made by (naming the person or persons) of or concerning, (naming the manor, lands, tenements, or hereditaments) in the county of since the day of
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to be filed.
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And upon delivery of such note, the register or his deputy shall file the same, and shall as soon as conveniently may be, give to the person requiring the same, a negative certificate to the following effect, viz.
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Form of a negative certificate.
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Upon diligent search made in the register’s office, from the day of I do not find any memorial of any deed, conveyance, or will made by (naming the person) of or concerning, (mentioning the lands, tenements, or hereditaments,) in the county of from the day aforesaid, until the date hereof, except the memorial herein after mentioned. Witness my hand and seal this day of
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So much of the said first act as regulates the registering memorials of deeds &c. executed within 60 miles of Dublin, repealed, where lands, &c. in any deed, &c. are not situate in the county or county of the city of Dublin, a memorial thereof shall be entered in case an affidavit sworn before a judge of assize, &c. shall be brought therewith, wherein one witness shall swear to the execution of the deed.
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III. And whereas the mode prescribed by the first mentioned act for registering memorials of deeds and conveyances, made and executed in any place, not within sixty miles of the city of Dublin, is uncertain and inconvenient; be it enacted, That so much of the said act as relates to the registering of such memorials shall be and is hereby repealed, and that in all cases where the lands, tenements, or hereditaments contained in any deed or conveyance are not situate in the county of Dublin, or in the county of the city of Dublin, a memorial of such deed or conveyance shall be entered by the register or his deputy, in case an affidavit sworn before one of the judges at the assizes, or before the justices of the peace at the general quarter sessions of the county where such lands, tenements, or hereditaments lie, or before a person commissioned for taking affidavits in the country, pursuant to the act of Parliament in that case made and provided, and for which a sum of one shilling and six pence shall be paid, to the person or persons taking such affidavit, shall be brought with the memorial to the said register or his deputy, wherein one of the witnesses to the execution of such deed or conveyance, shall swear he or the saw the same executed, and the memorial signed and sealed as by the said act is directed.
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