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consent of her intended husband, settled her estate upon her two children. The husband and wife afterwards mortgaged the estate to a person who had notice of the settlement.
Lord Hardwicke said, the question was, whether the articles were for a valuable consideration, and binding; or ought to be considered as voluntary and fraudulent, with respect to subsequent creditors, or purchasers. And if he was to lay it down as a rule that such articles were not binding, it would become impossible for a widow, on her second marriage, to make
any certain provision for the issue of a former; and the second husband might then contrive to defeat the provision made for those children. He therefore decreed, that the articles ought not to be considered as voluntary; for there were reciprocal considerations, both on the part of the husband and the wife ; and the mortgagee had notice of the articles.
Of registering and enrolling Deeds.
2. Register Acts.
25. The Notice must be fully 12. An Appointment must be re
28. Utility of the Register Acts, 14. Registering an Assignment is 30. Register of Annuities.
not a Register of the Lease. 3). Register of the Bedford Le16. Registering is not Notice.
Y the common law, every deed took place accor,
ding to the priority of its date or delivery; in consequence of which, purchasers and mortgagees were frequently defrauded by means of prior con
veyances, with which they were unacquainted. Register Acts.
2. To remedy this inconvenience, in certain parts of the kingdom, several acts of parliament have been made, called the Register Acts. The first of these is the statute 2 & 3 Ann. c. 4. by which it is enacted, “ That a memorial of all deeds and con: veyances which, after the 29th day of September 1704, shall be made and executed, of or concerning, and whereby any honours, manors, lands, tenements, or hereditaments in the west riding of the county of York, may be any way affected, in law or equity, may, at the election of the party or parties concerned,
he registered. And that every such deed or conveyance that shall at any time after the said day be made and executed, shall be adjudged fraudulent and void against any subsequent purchaser, or mortgagée, for valuable consideration, unless such memorial thereof shall be registered, as by this act is directed, before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim."
3. By the 7th section it is enacted, “ That all and every memorials so to be entered or registered, shall be put into writing in vellum, or parchment, and directed to the register of the said office; anid 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 or their guardians or trustees, attested by two witnesses, one whereof to be one of the witnesses to the execution of the deed or conveyance mentioned in such memorial."
4. By the 8th section, it is further enacted, “That every memorial of any deed or cotiveyance shall contain the day of the month and the year when such deed or conveyance bears date, and the names and additions of all the parties to such deed or conveyance, and of all the witnesses to such deed or conveyance, and the places of their abode, and shall express or mention the honours, manors, lands, tenements, and hereditaments contained in such deed of conveyance, and the names of all the parishes, townships, hamlets, precincts, or extra-parochial places, within the said west riding, wherein any such ho. nours, &c. are lying or being, that are giveli, granted, conveyed, or any way affected or charged, by any such deed or conveyance, in such månner as the same are expressed or mentioned in such deed or conveyance, or to the same effect. And that every such deed or conveyance, of which such memorial is so to be registered as aforesaid, shall be produced to the said register, or his deputy, at the time of entering such memorial, who shall indorse a certificate on every such deed or conveyance, and therein mention the certain day, hour, 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 indorsed.
5. By the 16th section it is provided, that this act shall not extend to any copyhold estates, or to any leases at a rack rent, or to any lease not exceeding twenty-one years, where the actual possession and occupation goeth along with the lease.
6. By the stat. 6 Ann. c. 35. similar regulations are made for registering all deeds and conveyances that may affect any honours, manors, &c. in the east riding of the county of York, or the town and county of the town of Kingston-upon-Hull, with the same exception of copyholds and leases; and by the 18th section of this statute, it is enacted, that every enrol. . ment of a deed of bargain and sale in the said register office, shall be deemed and adjudged to be the entering a memorial thereof pursuant to this act, and shall have the same force and effect upon the estate therein mentioned, in relation to all subsequent deeds, as if a memorial of such enrolled deed had been entered in the said register office.
7. By the stat. 7 Ann. c. 20. similar regulations are made for registering all deeds and conveyances that may affect
any honours, manors, &c. in the county of Middlesex, with a proviso, ( S 17.) that the act shall not extend to copyholds or leases at rack rent, or leases not exceeding 21 years, where the possession goes with the lease, or to any chambers in Serjeant's Inn, the Inns of Court, or Inns of Chancery.
8. This statute does not extend to messuages, lands, or tenements in the City of London.
9. By the stat. 8 Geo. II. c. 6. similar regulations are made for registering all deeds and conveyances,
, that may
affect any honours, manors, &c. in the north riding of the county of York; with the same exception, as to copyholds and leases, as in the former statutes *.
10. By the 22d section of this last statute, reciting that deeds had often been destroyed by fire and other accidents, it is enacted, that any person having or claiming title to any honours, &c. in the said north riding, may register at full length in the said register office, all deeds, writings, and conveyances under which such title shall be claimed, and that all copies of such entries and enrolments of such deeds, &c., signed by the register or his deputy, shall be good evidence of such deeds, &c. destroyed by fire or other accident; and by the 24th section it is enacted, that every such enrolment shall be deemed to be the entry of a memorial thereof pursuant to this act, and shall have the same force and effect in relation to all subsequent deeds.
11. The effect of these acts is merely to render-a prior unregistered deed fraudulent and void, as to a subsequent deed, whereof a memorial has been duly registered; so that a purchaser or mortgagee can only be affected by a deed duly registered, of which he
* Wills of land may be registered under these acts. Vide Tit. 38. c. 1.