2. No parish indenture is to be allowed, unless the child has resided in the house of the intended master or mistress for three months.

1. That no parish apprentice is to be bound, | venting the inconvenience arising from such unless the master or mistress shall be a house-interference as aforesaid, it is expedient to holder and rated to the poor. allow to the justices of the peace a discretion as to the time of holding their general quarter sessions, which they are now required to hold in the week next after the 31st day of March. It is therefore proposed to be enacted—

3. In the case of binding out a parish ap. prentice, a register of the indenture shall be kept by the churchwardens, &c. of the parish binding such apprentice, and also by the churchwardens, &c. of the parish, &c. in which the master shall reside.

4. Churchwardens, &c. to produce register to justices in petty sessions, and make report in writing. Justices may summon apprentice, &c. before them. If master, &c. guilty of misconduct, justices may fine him.

That in every county, riding, or division for which general quarter sessions ought to be held, it shall be lawful for the justices assembled in their general quarter sessions, in the week next after the 28th day of December in every year, to name (if they shall see occasion so to do) two justices of the peace, who shall be empowered, as soon as may be after the time for holding the spring assizes shall be 6. In case of accident, or illness, &c. of appointed, to fix the day for holding the next parish apprentice, master to give notice to general quarter sessions for the peace in such churchwardens. Churchwardens to make in-county, riding, or division, so as such time quiry as to health of apprentice, &c. Penalty for neglect.

5. It churchwardens neglect to make report, &c. justices may impose a fine.

7. Clauses to be inserted in future parish indentures. No parish apprentice to be bound for longer term than till he attains eighteen.

8. Vestry meeting to be held previous to binding out parish apprentices.

9. Mode of proceeding for recovery of fines by information.

10. Fines may be recovered by distress. 11. Application of fines.

12. Form of conviction.

13. Offender may be imprisoned if fine not paid.

14. Appeal to the quarter sessions.

SPRING ASSIZES.-QUARTER SESSIONS.

shall not be carlier than the 15th day of March nor later than the 15th day of April, and to give notice of the day so fixed by advertisement in such newspapers as shall be directed by the justices so assembled; and in every such case the general quarter sessions held on the day so fixed, and notified, shall be valid; and it shall not be necessary to hold any sessions of the peace for such county, riding, or division in the week next after the 31st day of March, any thing in the said recited act to the contrary notwithstanding.

Provided always, that in every county, riding, and division, where no other day shall be fixed in the manner herein before mentioned, the justices of the peace shall hold their general quarter sessions of the peace in the week after the 31st day of March, as by the said recited act they are required.

COUNTY REGISTER BILL.

THIS is intituled a Bill "For the Public Registering of all Deeds, Conveyances, Wills and other Incumbrances that shall be made of or that may affect any Honors, Manors, Lands, Tenements or Hereditaments within the several Counties of England and Wales.”

This bill, “for preventing the Interference of the Spring Assizes with the April Quarter Sessions," recites the 11 G. 4. and 1 W. 4. c. 70, § 35, by which it is directed, that the justices of the peace in every county, riding, or division for which quarter sessions of the peace ought by law to be held, shall hold their general quarter sessions of the peace (among other times) in the first week after the 28th day of Dec. and in the first week after the 31st day of March; and that in some counties of England and Wales the time usually fixed for holding the spring assizes interferes with the due holding of the It recites the 8 Geo. 2, by which it is enacted, last mentioned quarter sessions; and although (or rather recited) that whereas the lands in the justices of the peace have authority to hold the North Riding of the county of York are general sessions of the peace at other times of generally freehold, which may be so secretly the year besides those specified in the said re-transferred or conveyed from one person to cited act, such sessions are not quarter sessions another and incumbered, that such persons as within the intent of various acts of parliament are ill-disposed have it in their power to comwhich give jurisdiction to justices of the peace mit frauds, and frequently do so, by means in their quarter sessions, or in their general whereof several persons, who through many quarter sessions; and for the purpose of pre-years' industry in their trades and employ

We shall give the more material clauses fully.

ments, and by great frugality, have been en- | 1834, be made and executed, obtained or enabled to purchase lands, or lend money on tered into, shall be adjudged fraudulent and void against any subsequent purchaser or mortland security, have been undone in their pur-gagee, plaintiff or cognizee, for or upon vachases and mortgages by prior and secret con-luable consideration, unless such memorial veyances and fraudulent incumbrances, and not only themselves, but their whole families thereby utterly ruined.

It also recites the 2 & 3 Ann, "For the Public Registering of all Deeds, Conveyances and Wills, that shall be made of any Honors, Manors, Lands, Tenements or Hereditaments within the West Riding of the County of York;" and the 5th Ann, " for Inrolment of Bargains and Sales within the West Riding of the County of York, in the Register Office there lately provided, and for making the said Register more effectual;" and the 6th Ann, "for the Public Registering of all Deeds, Conveyances, Wills, and other Incumbrances that shall be made of or that may affect any Honors, Manors, Lands, Tenements or Hereditaments, within the East Riding of the County of York, or the Town and County of the Town of Kingston-upon-Hull, and for the rendering the Register in the West Riding more complete;" and the 7th Ann, "for the Publicly Registering of Deeds, Conveyances and Wills, and other Incumbrances, which shall be made of or that may affect any Honors, Manors, Lands, Tenements or Hereditaments within the County of Middlesex."

thereof be registered as by this act is directed before the registering of the memorial of the deed of conveyance, judgment, statute or recognizance, under which such subsequent purchaser or mortgagee, plaintiff or cognizee shall claim, and that every such devise by will shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee, plaintiff or cognizee for or upon valuable consideration, unless a memorial of such will be registered in such manner as is hereinafter directed.

2. Decrees in equity, creating, transferring, or determining interests in lands, and also decrees in equity, by which any such decree shall be varied or reversed, are to be considered as

surances.

3. Every private act of Parliament affecting lands to be an assurance.

4. Where by a public act any lands are vested upon the payment of money, &c. a memorandum of the payment or other act may be registered.

5. Equitable mortgages, by deposit of deeds, may be registered by depositing a memoran- . dum.

6. Liens, by reason of non-payment of purchase-money, may be registered by depositing

a inemorandum.

7. That in the several cases provided for by the five immediately preceding sections, the assurances to be registered shall for the purposes of this act be considered to have been made by the person whose right or interest in the lands shall be bound or affected by the decree or order, the private act of Parliament, the creation of the estate or interest, the equiIt is then recited, that these several acts table mortgage or the lien (as the case may be); have been found beneficial, and that it is exand the same entry or entries shall be made on registering such assurance as would have been pedient to extend, so far as the same may be required under the provisions hereinbefore applicable, similar benefits to the rest of Eng-contained for regulating the entries on regisland and Wales; it is therefore proposed to

be enacted as follows:

Instruments to be Registered.

tering assurances if the lands to be affected by the decree or order, the private act of Parliament, the creation of the estate or interest, the equitable mortgage, or the lien (as the case may be), had been so affected by the grant or conveyance of such person; and in 1. That a memorial of all deeds and con- the several cases provided for by the three imveyances which after the 31st Dec. 1834, shall mediately preceding sections, every person be made and executed, and of all wills and de-iclaiming or deriving any right or title to, or vises in writing made or to be made and pub-n, or by virtue of the estate or interest created, lished where the devisor or testatrix shall die the equitable mortgage or the lien (as the case after the said 31st day of Dec. 1834, and of all may be) shall for the purposes of this act be judgments, statutes and recognizances which considered to claim or derive such right or shall be obtained or entered into after the 31st title under the assurance which by virtue of of Dec. 1834, of or concerning, or whereby the section applicable to the case shall have any honors, manors, lands, tenements or been so registered as aforesaid. hereditaments in England and Wales, may be any way affected in law or equity, may be registered in such manner as is hereinafter directed; and that every such deed or conveyance, judgment, statute or recognizance that shall at any time after the said 31st of Dec.

Assurances void, unless registered.

8. That every assurance by this act authorized to be registered other than any will, shall (so far as regards any lands to be affected

thereby) be void as against any person claim- | hereinbefore contained to any person claiming

ing for valuable consideration under any subsequent assurance duly registered, unless the prior assurance shall be registered in the manner directed by this act, before the registration of the subsequent assurance.

9. That in every case where any public act of parliament passed, or to be passed, shall contain any provision for vesting any lands in England or Wales in any person, by or upon the payment of money, or by or upon any other act (other than an assurance hereinbefore authorized to be registered), any estate or interest which shall arise or be created in such lands by or upon any such payment, or other act to be made or done after the said 31st of Dec. 1834, shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless such memorandum as is hereinbefore in such case authorized to be registered, shall be registered in the manner required by this act, before the registration of the subsequent assurance.

for valuable consideration under a subsequent assurance, shall not be taken away by any Court of Equity in consequence of such person having been affected with notice at the time of the execution of such subsequent assurance, and where, under the provisions hereinbefore contained, priority shall be given to any person claiming for valuable consideration under a subsequent assurance an equitable estate or interest, such priority shall be enforced in equity, although the person claiming under such subsequent assurance shall have been affected with notice as aforesaid.

14. That where any two or more assurances to be registered under this act shall be so registered at the same time, such assurances shall have priority according to the order of time in which the same shall have been executed.

15. That every person who shall claim, without valuable consideration, under any other person who shall have claimed for valuable consideration, shall be entitled to the same 10. That in every case where by the deposit preference, protection and advantage under of title deeds, any equitable mortgage affecting the provisions of this act as the person who any lands in Englaed or Wales, shall be made shall have so claimed for valuable considerafter the said 31st of Dec. 1834, such equitable | ation. mortgage shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless

such memorandum as is hereinbefore in such

case authorized to be registered, shall be registered in the manner directed by this act, before the registration of the subsequent as

surance.

11. That in every case where by reason of the non-payment of purchase-money a vendor shall at any time after the 31st of Dec. 1834, acquire a lien for such purchase-money on any lands in England and Wales, such lien shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless such memorandum as is hereinbefore in such case au

thorized to be registered, shall be registered in the manner required by this act, before the registration of the subsequent assurance.

Exceptions.

16. Provided, that nothing in this act contained shall authorize the registration of any of bankrupt to the provisional assignee or to conveyance or assignment under a commission the general assignees under such commission, or any conveyance or assignment by an insolvent debtor to his provisional assignee, or any conveyance or assignment by the provisional assignee of any insolvent debtor to the other assignees appointed by the Insolvent Debtors' Court, or in any way prejudice or affect any such conveyance or assignment by reason of the same not having been registered.

17. That none of the provisions of this act shall apply or extend to any award which, under the provisions of any public act of Par liament passed or to be passed for inclosure, shall have the effect of creating, transferring lands. or determining any estate or interest in any

12. That every judgment, statute or recog; nizance, by this act authorized to be registered (so far as regards any lands to be affected shall extend to such assurances relating to 18. That none of the provisions of this act thereby), and every liability, charge or lien of shares in any public or private works or underor upon any lands in of any respect debt which taking of any corporation, company or society, shall be found due to his Majesty, his heirs or as by virtue of any local or other act of Parsuccessors, by any inquisition hereby author-liament are or shall be required to be regisized to be registered, or in respect of any obli- tered or otherwise entered or minuted in the gation or specialty to his Majesty, his heirs or books of the corporation, company or society. successors, hereby authorized to be registered, or in respect of any acceptance hereby authorized to be registered of any such office as afore19. That all memorials which shall be regissaid, shall be void as against any person claim-tered pursuant to this act, shall be exempted ing for valuable consideration under any subfrom stamp duty. sequent assurance duly registered, unless the judgment, statute, recognizance, inquisition, obligation, specialty or acceptance of office, shall be registered in the manner directed by this act, before the registration of the subsequent assurance.

Stumps.

Register Office.

20. That one public office for registering such memorials of and concerning any honors, manors, lands, tenements and hereditaments that are situate, lying and being as aforesaid, shall be erected and established at such market 13. That the priority given by the provisions town as the Justices of the Peace, or the major

Priority.

New Bills in Parliament.

21. That the costs and charges of procuring and passing this act, and in erecting and establishing of the said public Register Office, shall be at the public charge of the said county, which costs, charges and expenses shall be raised by the Justices of the Peace of the said county at their General Quarter Sessions of the Peace, in such manner as they are empowered to raise money for repairs of public or county bridges.

Election of Register.

the most public place of resort there.

493

part of them, assembled at their General Quar- } 24. That when and as often as the said office ter Sessions in and for each county in England shall become vacant by the death, forfeiture, and Wales respectively, which shall be held or surrender of any such Register, the Justices for such county in the month of October, 1834, of the Peace for the said respective counties shall agree and adjudge to be the most conve- assembled at the General Quarter Sessions of nient town for that purpose, to be managed the Peace next after such vacancy shall happen, and executed by a fit and able person, to be or the major part of them, shall in open Court from time to time elected and appointed in declare the said vacancy; and by order of the manner hereinafter directed, or his sufficient same Sessions shall appoint and prefix a cerdeputy, and to continue in the said office for tain day and time within the space of one caso long time as he shall well demean himself lendar month, and not less than three weeks, therein. ensuing the end of such General Quarter Sessions, for the electors to assemble at such place where the office shall be erected as aforesaid, to choose a fit and able person in the manner aforesaid, to supply the said vacancy; and that all persons qualified to be electors may have due notice of such vacancy and time of election of a succeeding Register, the Clerk of the Peace for the time being for the said counties respectively, shall forthwith cause copies of such order, for prefixing the time of such election, to be delivered to the respective chief constables of the several divisions within 22. That all elections of a Register to be the said respective counties, who shall and are made or appointed by virtue of this act, shall hereby required to publish the same in full be performed by balloting, in manner follow-market in every market-town within their resing; (that is to say) all the freeholders of the pective divisions on the next market-day after age of one-and twenty years, that at the time the receipt thereof, and to affix the same in of any such election have an estate of freehold, of or in any lands, tenements or hereditaments within such county, of the yearly value of one hundred pounds, to be determined by the oath of the elector, or solemn affirmation of such elector, being of the persuasion of people called Quakers, before the scrutators hereinafter inentioned, if any doubt arise touching the same (which oath and solemn affirmation they 29. That all and every memorial of deeds, conare hereby empowered to administer) shall be veyances and wills so to be entered and regiselectors of the said Register; and that the tered, shall be put into writing in vellum or Justices of the Peace for the said county, in parchment, and brought to the said office, and, that behalf assembled, or the major part of in case of deeds and conveyances, shall be unthem, or any five of such Justices to be ap-der the hand and seal of some or one of the pointed by such major part, shall be scrutators grantors or some or one of the grantees, his, of the ballot, who shall meet on the day and her, or their heirs, executors or administrators, place or places of election, and there, in the guardians or trustees, attested by two witnesses presence of the electors, shall place one or to the execution of such deed or conveyance, more glass vessel or vessels to be provided for which witness shall upon his oath, or being a that purpose, into which each elector present Quaker upon his solemn affirmation, before shall put one open paper, containing the name the said register or his deputy, prove the signof such person as he approves of to be Regis-ing and sealing of such memorial and the ter, which papers shall be taken out again in the presence of the said scrutators by a person by them in that behalf appointed, and the name or names of every person therein, shall be once transcribed in distinct columns, and under each name shall be set down the number of their electors, which shall be deliberately cast up by the said scrutators, and the same shall be read over in the hearing, and fixed up in the view of the electors then present, and the person upon whom the majority shall fall, shall be declared Register.

23. That the election of the person to be the first Register shall be made at such place or places so to be agreed and adjudged as aforesaid, upon the 21st of Nov. 1834, in open Court, between the hours of eight in the morning and six in the afternoon.

25. The Register's oath is set forth. 26. The Register's deputy to take the oath. 27. Execution of duties during a vacancy. 23. Penalty on person acting during such vacancy.

Method of registering.

execution of the deed or conveyance mentioned in such memorial (or else the person so signing and sealing the same memorial as aforesaid, or one of them, shall, before the said register or his deputy, acknowledge his or their signing and sealing of the said memorial, and the execution of the deed or conveyance, mentioned in such memorials), and in case of wills, the memorial shall be under the hand and seal of some or one of the devisees, his or their heirs, executors, or administrators, guardians or trustees, attested by two witnesses, one whereof shall, upon his oath, or being a Quaker, on his solemn affirmation, before the said register or his deputy, prove the signing and sealing of such memorial, or the same shall be acknowledged in like manner before the said register or his deputy, by the person so sign

494

New Bills in Parliament.

ing and sealing the same memorial as aforesaid, | case an affidavit sworn, or a solemn affirmation or one of them (which respective oaths and affirmations the said register or his deputy is hereby empowered to administer); and the said register or his deputy is hereby also empowered to take the said respective acknowledgments as aforesaid, and shall enter a memorandum of the taking the same respectively upon the said respective memorials, with the time when the same was so taken; and the said memorandum shall be signed by the said register or his deputy, and also by the party so acknowledging the same respectively.

of a person of the persuasion of the people called Quakers, made in writing before one of the Judges at Westminster, or a Master in Chancery, ordinary or extraordinary, or notary public, 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, or being a Quaker shall affirm, that he or she saw the same executed, and the memorial signed and sealed as aforesaid, or wherein one of the witnesses to the memorial of any will shall swear, or being a Quaker shall affirin, that he or she saw such memorial signed and sealed as aforesaid; and the same shall be a sufficient authority to the said register or his deputy, to give the party that brings such memorial and affidavit, or affirmation, a certificate of the registering 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 to the contrary thereof contained in any wise notwithstanding.

30. 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 the names and additions of all the parties to such deed or conveyance, and of the devisor or testator 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 honors, manors, lands, tenements and hereditaments contained in such deed, conveyance or will, and the names of all the parishes, townships, hamlets, precincts, or extra-parochial places 32. Provided that where there are more within the said counties respectively, where writings than one for making and perfecting any such honors, manors, lands, tenements or any conveyance or security, which do name, hereditaments are lying or being, that are mention, or any ways affect or concern the given, granted, conveyed, devised or any way same honors, manors, lands, tenements or affected or charged by any such deed, convey- hereditaments, it shall be a sufficient memorial ance or will, in such manner as the same are and register thereof, if all the said manors, expressed and mentioned in such deed, con- lands, tenements and hereditaments, and the veyance or will, or to the same effect; and parishes, townships, hamlets, or extra-parothat every such deed, conveyance and will, chial places wherein the same lie, be only once or probate of the same, of which such memo- named or mentioned in the memorial, register rial is so to be registered as aforesaid, shall be and certificate of any one of the deeds or wriproduced to the said register or his deputy at tings made for the perfecting of such conveythe time of entering such memorial, who shall ance or security, and the dates of the rest of the endorse a certificate on every such deed, con- said deeds or writings relating to the said conveyveyance and will, or probate thereof, and there-ance or security, with the names and additions in mention the certain day, hour and time on which such memorial is so entered or registered, expressing also in what book, page and number the same is entered, and that the register or his deputy shall sign the said certificate so indorsed (which certificate shall be taken and allowed as evidence of such respective registries in all Courts of Record whatsoever);|ing the same. and that every page of such register books, and that every memorial that shall be entered therein, shall be numbered, and the day of the 33. That all memorials of wills that shall be month and the year, and the hour or time of registered in manner as aforesaid within the the day when every memorial is registered, space of six calendar months after the death shall be entered in the margin of the said of every respective devisor or testatrix, register books and of the said memorial; and dying within the kingdom of Great Britain, or that every register shall keep an alphabetical within the space of three years after the death calendar of all parishes, extra-parochial places of every respective devisor or testatrix, dying and townships within such county for which upon or in any parts beyond the seas, shall be he shall be so appointed, with reference to the as valid and effectual against subsequent purnumber of every memorial that concerns the chasers, judgments, statutes and recognizanhonors, manors, lands, tenements or heredita- ces, as if the same had been registered immements in every such parish, extra-parochial diately after the death of such respective place or township respectively, and of the devisor or testatrix; any thing herein connames of the parties mentioned in such memo-tained to the contrary thereof in any wise notrials. withstanding.

31. That a memorial of such deeds, conveyances and wills, shall be entered or registered by the aforesaid register or his deputy, in

of the parties and witnesses, and the places of their abodes, he 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 registered, that contains or expresses the parcels mentioned in all the said deeds and directions how to find the register

Wills.

34. Provided always, That in case the devisee, or person or persons interested in the honors, manors, lands, tenements or heredita