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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25633 A proposal for the erecting of county registers for free-hold lands shewing the great use and benefit of them. By E.B. Esquire. Bohun, Edmund, 1645-1699. 1697 (1697) Wing A3458A; ESTC R208899 10,245 14

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the Majority of Voices Being thus elected a very strict Oath may be given him by the Clerk of the Peace in the Presence of the Sheriff and Gentry there present for the true impartial and faithful Administration of the said Office towards all concerned alike Being thus constituted he may have the Authority of a Judge of Record and nothing that is entred or signed by him to be disputed as to the Fact in Law or Equity and I think he might be allowed to take Recognizances for security of Money with the Assistance and in the Presence of two or three Persons of good Worth and Quality and to state Accounts and do all other Acts commonly done by the Masters in Chancery one of which in extraordinary it were convenient he should ever be reputed to be in the said County by Virtue of the Act that appoints the Office The Methods of the keeping and the entering the Lands and Tenements in this Register may be the same that is now used in Fines and Recoveries that is with the same Brevity and Perspicuity reciting the Quantity Quality Value of the Lands and in whose Occupation they then are and in what Towns they lie And this may be done in a few Words and in the Close what Title the Claiment hath and what Incumbrances there are upon it And if no more be proved within six Months after the said Entry then that to be the Title and State of the Lands so entered and for the future no charge to be brought upon them but what shall be there entred and in the order they are there entred and no other All the Principal Evidences also or Deeds relating to the Lands so entred may at first at least be left in the Custody of the Register till the Title is by the Act fixed or Transcripts of them to be declared by Law of equal Authority with the Originals and ever after one Deed signed and sealed by all the Parties that recourse may be had to it as often as there is occasion which will also be a means of preserving Deeds in case of Fires or other such Accidents In case of non-payment the Register after summoning the Party concerned to deliver the Possession to the Creditors without any other Suit in Law or Equity Which would much encrease the Value of Lands so entered when the Creditor is sure to recover his own again with small Charge and no Hazard The Register also to have power to receive both the Use and Principal in case of any difference between the Lender and the Borrower after the Methods of the King's Bench having first summoned the Lender to shew cause why the Money should not be paid in and the Security discharged And the Money being so paid in to lie in the Office till the Lender will take it out or dispose of it otherwise the Borrower in the mean time being as fully discharged both in Law and Equity as if the Lender had received the Money and acquitted him The Register being thus to be trusted ought to be accountable for all his Servants and under Officers but not for Fire Thieves or War if he has taken the best care he can to secure what is deposited in his Hands Or if it be thought too much to trust the Register both with the Money and the Records of this Register then there may be a Treasurer appointed for the Money and the other be only the Keeper of the Records But then the uniting them in one Person comes the nearest to the nature of a Bank and no Man that distrusts him will be under any necessity of putting or leaving his Money in his Hands So that the Trust if any be will be purely voluntary There is nothing to be entred after the first Entry but the Mortgages Sales or Assignments made upon any Estate which ought always to have reference to the first Entry till the right of the whole or any part is assigned and passed over to another and then to begin de novo as with a new Proprietor No Mortgage Jointure Judgment or Recognizance to be taken or admitted in other Order but that of the time when they are entred into the Register and to take place only upon the Remainder after all the Prior Creditors are paid both Use and Principal When any Entry is to be made of Lands or Tenements the same shall be drawn up by the Council of the Possessor in Paper and then be transcribed fairly into the Register's Book which shall be of Vellum or very good ment fairly and strongly bound for continuance And the Party that makes the Entry shall have a Copy of it in Vellum signed by the Register without any Rasure or Interlineation And if afterwards any such thing appear in any Copy it shall be taken for false if it differ from the Entry in the Book This Book ought to be in English and written in a fair Hand that is known to all Men that every Man that can write and read may understand his own Copy The Entry of any Money lent to be in some such short Form as this MEmorandum The _____ day of _____ in the year of our Lord J. S. of _____ in the County of _____ Lent to D. G. the Proprietor of the _____ Sum of one hundred Pounds to be paid with Interest at _____ per cent the _____ day of This Form to be used when the Money is paid in the presence of the Register but if otherwise then the Form to be Such an one acknowledged to have received of _____ To prevent any possibility of Fraud a Copy of the Entry shall be given both to the Borrower and the Lender exactly compared and examined by the Book and interchangeably signed by both Parties and also by the Register and his Clerk the same to be indented The Register to have 5 s. for every Entry made in the said Book under or of an hundred Pounds the Year and one hundred Pounds in Money 10 s. for two hundred Pounds and so onward the greatest Sum to be 50 s. and no more to be paid for any Entry whatsoever To have 10 s. for every Transcript to be taken out besides the Charge of the Copy for searching and permitting the same to be transcribed But if there be only a Search and no Transcript then 5 s. only to be paid That Liberty may be given to any Mortgagee or Lender to enter his Right to any Free-hold Estate upon any Mortgage entered before the passing of the Act though the Owner of the Land has not or will not enter or register his Lands And all Mortgages that are thus entred in the first six Months after the Office is opened to pass according to their Dates but to be preferred before any Mortgage of what date soever it is that is not entred within the six Months except the Mortgage prove that at that time he was beyond the Seas To prevent Surprizes it may be fit that all the Free-hold Lands entred