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REGISTRATION OF DEEDS ACT 1707
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CHAP. II.
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An Act for the publick registring of all deeds, conveyances, and wills that shall be made of any honors, manors, lands, tenements, or hereditaments.
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2 & 3 Anne 4 Eng. 5 Anne 18. Eng.
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6 Anne 35 Eng.
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7 Anne 20 Eng.
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8 Anne 10 8 G. 1. 15. 5 G. 2. 4.
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To secure purchasers and prevent forgeries, & frequently practised, especially by papists,
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A publick office for registring memorials of deeds and wills kept in Dublin,
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register appointed by the Queen,
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during good behaviour.
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FOR securing purchasers, preventing forgeries, and fraudulent gifts and conveyances of lands, tenements, and hereditaments, which have been frequently practised in this kingdom, especially by papists, to the great prejudice of the protestant interest thereof, and for settling and establishing a certain method with proper rules and directions for registring a memorial of all deeds and conveyances, which from and after the twenty fifth day of March in the year of our Lord one thousand seven hundred and eight shall be made and executed, and of all wills and devises in writing made, or to be made, and published, where the devisor or testatrix shall die after the said twenty fifth day of March one thousand seven hundred and eight, for or concerning any honors, manors, lands, tenements, or hereditaments in this kingdom; We pray that it may be enacted, and be it enacted, by the Queen’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 one publick office for registring memorials of deeds and conveyances, wills and devises, shall be established and kept in the city of Dublin, to be managed and executed by a fit and able person, or his sufficient deputy; such person to be from time to time nominated and appointed by the Queen’s Majesty, her heirs and successors, and to continue in the said office for so long time as he shall faithfully and honestly demean himself therein.
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On register’s decease, his executors and sureties may appoint till another appointed.
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II. And be it further enacted by the authority aforesaid, That upon the death of any such register, and until another person be nominated and appointed in manner aforesaid, the executors or administrators of the register deceased together with the sureties for the said register, or their executors or administrators, shall appoint a proper person to execute the office of register; for whose demeanor in the execution of the said office the security, given for such register deceased, shall be answerable.
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* Some wards are wanting, which are in the said English acts, whereby wills, unless memorial registered pursuant thereto, are void against subsequent purchaser or mortgagee, &c.
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Memorial of all deeds and Wills after 25th of March 1708, may at election of the parties concerned be registred as herein directed.
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III. And be it further enacted by the authority aforesaid, That a memorial of all deeds and conveyances, which from and after the twenty fifth day of March, in the year of our Lord one thousand seven hundred and eight, shall be made and executed, and of all wills and devises in writing, made or to be made and published, where the devisor or testatrix shall dye after the said twenty fifth day of March one thousand seven hundred and eight, for, or concerning, and whereby any honors, manors, lands, tenements or hereditaments within this kingdom may be any ways affected, may, at the election of the party or parties concerned, be registred in such manner as is herein after directed.
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Every such deed or conveyance effectual according to priority of time of registring, against all other dispositions.
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IV. And be it further enacted by the authority aforesaid, That every such deed or conveyance, a memorial whereof shall be duly registered according to the rules and directions in this act prescribed, shall, from and after the said twenty fifth day of March in the year of our Lord one thousand seven hundred and eight, be deemed and taken as good and effectual both in law and equity, according to the priority of time of registring such memorial for and concerning the honors, manors, lands, tenements, and hereditaments in such a deed or conveyance mentioned or contained, according to the right, title, and interest of the person or persons so conveying such honors, manors, lands, tenements, and hereditaments, against all and every other deed, conveyance, or disposition of the honors, manors, lands, tenements or hereditaments, or any part thereof comprized or contained in any such memorial as aforesaid.
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Deeds not registered fraudulent and void against deeds registered, and creditors by judgment, &c.
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V. And be it further enacted by the authority aforesaid, That every deed or conveyance not registred, which shall be made and executed from and after the twenty fifth day of March in the year of our Lord one thousand seven hundred and eight, of all or any of the honors, manors, lands, tenements, or hereditaments comprized or contained in such a deed or conveyance, a memorial whereof shall be registered in pursuance of this act, shall be deemed and adjudged as fraudulent and void, not only against such a deed or conveyance registred as aforesaid, but likewise against all and every creditor and creditors by judgment, recognizance, statute-merchant, or of the staple, consessed, acknowledged, or entered into from and after the twenty fifth day of March aforesaid, as for and concerning all or any of the honors, manors, lands, tenements, or hereditaments, contained or expressed in such memorial registred as aforesaid.
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Memorials to be written in vellum or parchment, directed to register.
Of deeds under hand and seal of one grantor or grantee, guardian or trustee, and two witnesses, whereof one a witness to the deed, who by affidavit shall prove signing, sealing, and delivery of memorial to register and execution of the deed.
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VI. And be it further enacted by the authority aforesaid, That all and every memorial, so to be entered or registered, shall be put into writing in vellum or parchment, and directed to the register of the said office; 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 attested by two witnesses, one whereof to be one of the witnesses to the execution of such deed or conveyance; which witness shall by affidavit to be made before the said register or his deputy, who is hereby impowered and required to administer such oath, prove the signing and sealing of such memorial, and the execution of the deed or conveyance mentioned in such memorial, and the day and time of the delivery of such memorial, to the register or his deputy: and in case of wills, the memorial shall be under the hand and seal of some or one of the devisees, his, her, or their guardians or trustees, attested by two witnesses, one whereof shall by affidavit, to be made before the said register or his deputy, prove the signing and sealing of such memorial; which respective affidavit the said register or his deputy is hereby impowered to take, and is hereby directed to file and enter in a book to be kept for that purpose.
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Of wills, under hand and seal of one devisee, guardian or trustee, and two witnesses, one whereof by affidavit to prove signing and sealing the memorial.
8 G. 1. 15. Heirs, &c. may sign memorial.
Memorial to contain the day and year of the deed or will,
names and additions of parries, and of devisor and all the witnesses,
lands, &c. and counties, &c. where situate.
The deed, &c. to be produced at time of entering memorial,
8 Anns 10.
Register to indorse and sign certificate, of the time of entering, the book, page and number.
Certificate evidence of registry.
The page and memorial numbered, and the day entered in margin.
Register to keep alphabetical kalendar,
and file every memorial in order of time.
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VII. And be it further enacted by the authority aforesaid, That every memorial 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 was perfected, 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 shall express or mention the honors, manors, lands, tenements, or hereditaments contained in such deed, conveyance, or will, and the names of all the counties, baronies, cities, towns corporate, parishes, townships, hamlets, villages, precincts, within this kingdom, where any such honors, manors, lands, tenements, or hereditaments are lying and being, that are given, granted, conveyed, devised, or any way affected or charged by any deed, conveyance, or will, in such manner as the same are expressed or mentioned in such deed, conveyance, or will, or to the same effect; and that every such deed, conveyance, or will, or probate of the same, of which such memorial is to be registered as aforesaid, shall be produced to the said register, or his deputy, at the time of entering such memorial, who shall endorse a certificate on every such deed, conveyance, and will, or probate thereof, and therein mention the certain day and time, on which such memorial is so entered and registered, expressing also in what book, page and number the same is entered, and that the said register or his deputy shall sign the said certificate when so endorsed: which certificate shall be taken and allowed as evidence of such respective registries in all courts of record whatsoever; and that every page of such register books, and every memorial, that shall be entered therein, shall be numbered, and the day of the month and the year when every such memorial is registred shall be entered in the margines of the said register-books, and of the said memorial; and that every such register shall keep an alphabetical kalendar of all counties, baronies, cities, towns corporate, parishes, and townships within this realm, with reference to the number of every memorial, that concerns the honors, manors, lands, tenements, or hereditaments in every such county, barony, city, town corporate, parish or township respectively, and of the names of the parties mentioned in such memorial and that such register, or his deputy, shall duly file every such memorial in order of time, as the same shall be brought to the said office, and enter or register the said memorials in the same order that they shall respectively come to his hands.
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Register first to take an oath in Exchequer,
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VIII. And be it further enacted by the authority aforesaid, That every such register, before he enter upon the execution of the said office, shall be sworn before the lord chief baron, or some other of the barons of her Majesty’s court of Exchequer, who are hereby required to administer such oath in these words:
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You shall truly and faithfully perform and execute the office and duty, that is directed and required by act of Parliament, in registring memorials of deeds, conveyances, and wills within this kingdom, so long as you shall continue in the said office.
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So help you God.
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and also his deputy.
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Register also to give security of 20000l. for true performance.
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And that when and as often as the said register shall appoint any deputy to execute the said office, such deputy shall before he enter on the execution thereof take the said oath before the lord chief baron, or some other of the barons of her Majesty’s court of Exchequer, who are hereby required to administer the same; and that every such register, at the time of his being sworn into the said office, shall also enter into a recognizance with two or more sufficient sureties, to be approved of by the lord chief baron, or some other of the barons of her Majesty’s court of Exchequer, of the penalty of twenty thousand pounds unto her Majesty, her heirs and successors, to be taken by the said lord chief baron, or some other of the said barons, conditioned for his true and faithful performance of his duty in the execution of his said office; the same to be kept and to remain in the office of her Majesty’s remembrancer of the Exchequer amongst the records of the said court.
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No misbehaviour appearing in three years after death or surrender of register, his recognizance void.
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IX. Provided nevertheless, and be it further enacted by the authority aforesaid, That when any register shall dye, or surrender his office, and that within the space of three years from and after such death or surrender no misbehaviour appear to have been committed by such register in the execution of his said office; then, and in such case, at the end of the said three years after his death or surrender, the said recognizance so entered into by him, shall become void and of no effect to all intents and purposes whatsoever.
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To attend daily, except holy-days, between nine and twelve in forenoon, three and six in afternoon,
search and give certificates if required.
8 G. 1. 15. negative certificates.
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X. And be it further enacted by the authority aforesaid, That every such register, or his sufficient deputy, shall give due attendance at his office every day in the week, except sundays and holy-days, between the hours of nine and twelve in the forenoon, and between the hours of three and six in the afternoon, for the dispatch of all businesses belonging to the said office: and that every register or his deputy, as often as required, shall make searches concerning all memorials that are required as aforesaid, and give certificates concerning the same under his hand, if required by any person.
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Fee for entry 6 d. if not above 100 words: if above 3 d. per hundred.
The like for certificate or copy.
For search 6 d.
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XI. And be it further enacted by the authority aforesaid, That every such register shall be allowed for the entry of every such memorial, as is by this act directed, the sum of six pence and no more, in case the same do not exceed one hundred words; but if such memorial shall exceed one hundred words, then after the rate or proportion of three pence a hundred for all the words contained in such memorial over and above the first one hundred words, and the like fees for the like number of words contained in every certificate or copy given out of the said office, and no more; and for every search in the said office six pence and no more.
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For neglect or undue practice forfeiture of office, and treble damages with full costs.
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XII. And be it further enacted by the authority aforesaid, That if any such register, or his deputy, shall neglect to perform his or their duty in the execution of the said office, according to the rules and directions in this act mentioned, or commit or suffer to be committed any undue or fraudulent practice in the execution of the said office, and be thereof lawfully convicted, that then such register shall forfeit his said office, and pay treble damages, with the full costs of suit, to every such person or persons as shall be injured thereby; to be recovered by action of debt, bill, plaint, or information in any of her Majesty’s courts of record at Dublin, wherein no essoign, protection, privilege of Parliamen, or wager of law shall be allowed, nor any more than one imparlance.
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Persons named during vacancy, to take same oath,
and liable to said damages.
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XIII. And be it further enacted by the authority aforesaid, That the person to be nominated as aforesaid upon the death of any register to execute the said office, during the time the same shall be vacant as aforesaid, shall before he enter on the execution thereof take the oath, herein before appointed to be taken by such register or his deputy, before the lord chief baron, or some other of the barons of her Majesty’s court of Exchequer, who are hereby required to administer such oath: and that if such person so nominated shall be lawfully convicted of any neglect, misdemeanor, fraudulent practice in the execution of the said office during such vacancy, he shall be liable to pay treble damages, with full costs of suit to every person that shall be injured thereby, to be recovered as aforesaid.
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Not to extend to leases not exceeding twenty one years, where actual possession.
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XIV. Provided also, and be it further enacted by the authority aforesaid, That this act shall not extend to any lease or leases for years not exceeding twenty one years, where the actual possession goeth along with the said lease; any thing in this act contained to the contrary thereof in any wise notwithstanding.
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Where more writings than one for perfecting a conveyance, sufficient if all the lands, counties, &c. once mentioned in the memorial, and that the dates of the rest of the writings, names, &c. of the parties and witnesses, be only set down, with reference to the writing whereof memorial is registered.
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XV. Provided always, and be it further enacted by the authority aforesaid, That where there are more writings than one for making and perfecting any conveyance or security, which do name, mention, or any ways affect or concern the same honors, manors, lands, tenements, or hereditaments, it shall be a sufficient memorial and register thereof, if all the said honors, manors, lands, tenements, or hereditaments, and the counties, baronies, cities, towns corporate, parishes, town-ships, hamlets, villages, Where the same lye, be only once named or mentioned in the memorial, register, and certificate, of any of the deeds or writings 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 abode, be only set down in the memorials, registers, and certificates of the same, with a reference to the deed or writing, whereof the memorial is so registred, that contains or expresses the parcels mentioned in all the said deeds, and directions how to find the registring the same.
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Memorial of deeds, &c. made above sixty miles from Dublin shall be registered, if an affidavit brought to the register sworn before judge of affizes, or at sessions, of commissioner for affidavits in presence of two justices, one of the witnesses to the execution swearing he saw the signing, &c.
and a certificate shall be given,
which evidence of registry.
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XVI. And be it further enacted by the authority aforesaid, That a memorial of such deeds, conveyances, and wills, as shall be made, and executed, and published in any place not within sixty miles of the city of Dublin, shall be entred or registred by the aforesaid register or his deputy, in case an affidavit sworn before any one of the judges at the assizes, or before the justices of the peace in open court at the general quarter-sessions, or before a person commissioned, pursuant to a late act of Parliament for taking affidavits in the country in the presence of two or more justices of the peace of the same county, who are hereby required to subscribe their names as witnesses to the taking of such affidavit, be brought with the said memorial to the said register, or his deputy; wherein one of the witnesses to the execution of such deeds and conveyances shall swear he or she saw the same executed, and the memorial signed and sealed as abovesaid, or wherein one of the witnesses to the memorial of any will shall swear he or she saw such memorial signed and sealed as abovesaid; and the same shall be a sufficient authority to the said register or his deputy to give the party, who brings such memorial and affidavit to be filed and entred as aforesaid, a certificate of the registring such memorial; which certificate, signed by the said register or his deputy, shall be taken and allowed as evidence of the registries of the same memorials in all courts of record whatsoever; any thing in this act contained to the contrary thereof in any wise notwithstanding.
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Forging memorial or certificate, liable to penalty, 28 Eliz. 3.
Persury, liable to penalties, as if in court of record at Dublin.
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XVII. And be it further enacted by the authority aforesaid, That if any person or persons shall at any time forge or counterfeit any such memorial or certificate, as are herein before mentioned and directed, and be thereof lawfully convicted, such person or persons shall incur and be liable to such pains and penalties, as in and by an act of Parliament made in the twenty eight year of the reign of Queen Elizabeth of blessed memory, intituled, An act against forging evidences, are imposed upon offenders therein mentioned; and that if any person or persons shall at any time forswear himself before the said register, or his deputy, in any of the cases aforesaid, and be thereof lawfully convicted, such person or persons shall incur and be liable to the same penalties, as if the same oath had been made in any of the courts of record at Dublin.
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Devisee without wilful default disabled to exhibit memorial; registry in six months after attainment of will or probate, or removal of impediment, sufficient.
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XVIII. Provided always, that in case the devisee, or person or persons interested in the honors, manors, lands, tenements, or hereditaments devised by any such will as aforesaid, by reason of the contesting such will, or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled to exhibit a memorial for the registering thereof within the respective times herein before limited; then, and in such case the registry of the memorial within the space of six month next after his, her, or their attainment of such will or probate thereof, or removal of the impediment, whereby, he, she, or they, are disabled or hindered to exhibit such memorial, shall be a sufficient registry within the meaning of this act; any thing herein contained to the contrary thereof notwithstanding.
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If register out of the kingdom, above three months in one year, except for recovery of health, the office void.
A publick act by the 8 Anne 10.
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XIX. And be it further enacted by the authority aforesaid, That all persons, that shall be registers, and also all persons, in trust for whom such office shall be granted, shall be resident in this kingdom at least nine months in every year: and if such registers or persons, in trust for whom such office shall be granted, shall absent him or themselves out of this kingdom for more than three months in any one year, except in case of sickness requiring his going or staying beyond the sea for the recovery of his health, the said office to be void; any precedent grant thereof to the contrary notwithstanding.
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