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attorneys, solicitors, clerks, or notaries, before having taken the oaths of allegiance, supremacy, and abjuration, as mentioned in those acts, and subscribed the declaration against transubstantiation of the 25 C. 2.; but the 31 G. 3. C. 32. § 22. substitutes in their room the oath and declaration therein contained, (which see, Daths, 20. B.) which are to be taken, subscribed, and registered in the same manner as the former oaths and declaration, for the purpose of enabling persons professing the Roman catholic religion to act in the aforesaid capacities (1); i.e. by 9 G. 2. c. 26. $ 3. within six months after their admission, at one of the courts at Westminster, or the general or quarter sessions of the place
where they reside.] [ 177 ) XXXVÍ. (A) Shall not be executors, administrators, or
By the 3 J. c. 5. A recusant convict shall be disabled to be executor or administrator by force of any testament or letters of administration; nor shall have the custody of any child as guardian in chivalry, guardian in socage, or guardian in nature of any lands, freehold, or copyhold. § 22.
And the next of kin of such child to whom the lands cannot lawfully descend, who shall usually resort to some church or chapel and there hear divine service, and receive the sacrament thrice in the year next before, shall have the custody and education of such child, and of his lands holden in knights service, till the full age of the said ward of twenty-one years, and of his lands holden in socage, as a guardian in socage; and of his lands holden by copy of court roll of any manor, so long as the custom of the said manor shall allow the same: and shall yield an account of the profits of the same to the said ward. $ 23.
And if any of the wards of the king or of any other shall be granted or sold to any popish recusant convict, such grant or sale shall be void. $ 24.
TXXXVI. (B) Papists to enjoy lands, must take and
subscribe the oath, fc. prescribed by 18 G. 3. c. 60. or 31 G. 3. c. 32. S 1.
Papists to enjoy lands must, within six months after the accruing of their title, take and subscribe the oath of the 18 G. 3.
(1) But where an attorney, a papist, petitioned for leave to take the oath prescribed by 31 G. 3. c. 32. $ 22. instead of that of supre. macy, on being admitted a master extraordinary in chancery, he was refused, Exp. Agar. 1814. 3 Ves: & B. 169.
6. 60. for which vid. infra XLV. in note, or the oath and declaration provided by 31 G. 3. C. 32. 91. See case of Papists, 1722. 2 P. Wms. 3. See 43 G. 3. C. 30. giving a further option.]
XXXVII. Inrolling deeds and wills of papists.
1. By the 3 G. c. 18. and 21 G. 3. c. 51. No manors or lands, or any interest therein, or rent or profit thereout, shall pass, alter, or change from any papist or person professing the popish religion, by any deed or will, except such deed, within six months after date, and such will within six months after the death of the testator, be inrolled in one of the king's courts of record at Westminster, or within the county wherein the manors and lands do lie, by the custos rotulorum and two justices of the peace, and the clerk, or deputy clerk of the peace, or two of them, whereof the clerk of the peace, or his deputy, to be one. [Repealed by 31 G. 3. c. 32. $ 21. vid. infra XXXVIII.]
2. But by the 10 G. c. 4. Leases of lands made by papists, or [ 178 ] persons professing the popish religion, to any protestant, whereon the full yearly value, or the ancient or most accustomed yearly rent, or more shall be reserved, shall be good without inrolling. $ 19.
3. And by several temporary acts from time to time, such deeds and wills shall be good, if they be inrolled before a time therein respectively limited.
And no purchase made for full and valuable consideration of any manors, messuages, or lands, or of any interest therein, by any protestant, and merely and only for the benefit of protestants, shall be impeached or avoided by reason that any deed or will through which the title thereto is derived hath not been inrolled ; so as no advantage was taken of the want of inrollment thereof before such purchase was made, and so as no decree or judgment hath been obtained for want of the inrollment of such deeds or wills.
Provided, that this shall not extend, to make good any grant, lease, or mortgage of the advowson, or right of presentation, collation, nomination, or donation of and to any benefice, prebend, or ecclesiastical living, school, hospital, or donative, or any avoidance thereof, made by any papist or person professing the popish religion, in trust, directly or indirectly, mediately or immediately, by or for any such papist or person professing the popish religion, whether such trust hath been declared by writing or not.
XXXVIII. Registering estates of papists.
1. By the 1 G. st. 2. c. 55. Every person having any estate or
interest in any lands, being a popish recusant or papist, or edue cated in the popish religion, or whose parent or parents shall be a papist or papists, or who shall use or profess the popish religion, shall, within six months after he shall attain to the age of twenty-one years, take the oaths of the 1 G. st. 2. c. 13. and repeat and subscribe the declaration against popery of the 30 C. 2. in one of the courts at Westminster, or at the sessions of the peace where such lands or some part thereof shall lie, between the hours of nine and twelve in the forenoon; or in default thereof shall, within six months next after the time appointed for him to take the oaths, and so from time to time, within six months after he, or any trustee for him, shall come into the possession or perception of the rents or profits of any other lands, register, or procure to be registered, his name, and all such lands, in what parish, township, or place the same do lie, and who are the possessors thereof, and what estate or interest he has in the same, and the yearly rent, if the same shall be let; and if the same be let upon lease, then by whom such lease was made, what yearly or other rent is reserved thereupon, and what fine or sum of money was paid for such lease, in case the same was made by himself, or any person in trust for him, or that he was party or privy thereunto; and the time, and day of the month, and year when such entry shall be made, — in a parchment book or roll which shall be kept by the clerk of the peace. $ 1.
And every such person shall take care that his name be, within the said six months allowed for making such registry, subscribed to such registry in the presence of two justices in open sessions, either by himself, or by his attorney thereunto lawfully authorized by warrant of attorney under his hand and seal executed by him in the presence of two witnesses, who shall make proof of such execution, upon their oaths, at the sessions where such name shall be subscribed or registry produced; and two justices then present shall subscribe their names to such entry as witnesses that the same was duly made, and in default thereof each of the said justices then present shall forfeit 201. to the king. $1.
And the clerk of the peace shall keep parchment books or rolls at some notorious place within his division, and shall, by himself or his lawful deputy, enter therein the christian and surnames of every such person who shall come in person and desire to be registered, or shall send any writing under his hand to him or his deputy, desiring him to register his name; and shall also register the estate in lands of every such person, in such manner and in such words as he shall by any writing signed by him desire: Provided that such person pay the fees hereby appointed for the same, and that he apply to the said clerk of the peace, or his deputy, to enter such registry, and deliver to him in writing the words he desires to have so registered or entered ten days before the sessions where the entries are to be subscribed. And such clerk of the peace, or his deputy, shall enter such persons' names, and registry of their estates, before the next sessions after such delivery, in the said books or rolls; and shall carry the said books and rolls in which such entries shall be so made, to the next and every other sessions of the peace, until the time of such subscrib- [ 180 ] ing shall be expired. And such clerk of the peace shall also keep alphabetical tables of the surnames of all such persons whose names and estates shall be registered, and of the parishes and townships where the lands so registered lie, with reference to the place in the books or rolls where such names and lands shall be registered; and shall also carefully keep all such warrants of attorney as shall be so proved as aforesaid upon a file, together with such books and rolls; and shall likewise enter such warrants of attorney upon record ; and shall have for such registry and entry on record 3d. for every 200 words which such registry and entry on record shall contain; and shall have 4d. for every search that shall be made for the name or estate of any person; and shall make search on the request of any person who shall pay such fees, and shall permit such person to inspect the said tables, books, and rolls, and such letters of attorney as shall be so filed; and shall give copies of such registries subscribed by himself or his lawful deputy, to every person who shall desire the same, and tender him the fees hereby appointed for the same; and shall suffer such persons who shall request him so to do, to examine the same with the roll or book, and for so doing shall have 3d. for every 200 words contained in every such copy. § 1.
And if any clerk of the peace shall neglect or refuse to do any the things hereby appointed, he shall forfeit his office. 9 1.
And if any such person hereby required to take and subscribe such oaths, and repeat and subscribe such declaration as aforesaid, or in default thereof to register, or cause to be registered his name and estate as aforesaid, shall not either take and subscribe such oaths, and repeat and subscribe such declaration in manner aforesaid, or register his name and estate as aforesaid, and also subscribe his name to such registry, or procure the same to be subscribed by such his attorney as aforesaid, within the time limited for the doing thereof, or shall not register the same truly; he shall forfeit the fee simple and inheritance of all such lands not registered, or fraudulently registered, whereof he or any person in trust for him was seised in fee simple at the time of such default or fraud in registering, and the full value of the inheritance of all such lands not registered or fraudulently registered, whereof he or some person in trust for him was not seised in fee simple at the time of such default or fraud as aforesaid ; two third parts to the king, and the other third part to [ 1817 such person, being a protestant, who shall sue for the same at
ommon bal the peri all suche consider such in
the common law in any of the courts at Westminster, or in the chancery: and the person so suing shall be intitled in the court of chancery to demand all such discoveries as he might do if he were a purchaser for valuable consideration, and to demand a true discovery from all persons of all such incumbrances and titles which any way affect the same, and of all trusts relating thereto; to which bill no plea of demurrer shall be allowed, but the defendant shall sufficiently answer the same at large: and also the person suing for the same may bring an ejectment on his own demise, and give this act and the special matter in evidence; and if it shall appear upon trial of such ejectment, that the estate sued for is the estate of the person so neglecting to register or fraudulently registering, and the defendant shall not make it appear that he took the said oaths, and repeated and subscribed the said declaration in manner aforesaid, or otherwise that he registered his name and the estate so sued for, a verdict shall be given for the lessor of the plaintiff in such ejectment, and judgment shall be thereupon had as is usual upon verdicts in ejectments, and the lessor of the plaintiff shall have costs of suit as is usual when judgment in ejectment is recovered by or given for the lessor of the plaintiff; and by such judgment two third parts of the lands so recovered shall be vested in the king, and the other third part in the person who shall be lessor of the plaintiff in the said ejectment. § 1.
But in case such person so making default or committing any fraud in registering as aforesaid, after such default or fraud committed, and before he be convicted or any ejectment or suit brought for such forfeited lands, shall bona fide for a just and valuable consideration, convey over, grant, lease, or incumber any such lands omitted or fraudulently registered as aforesaid; the person so purchasing or having such grant, lease, or incumbrance, not knowing at the time of such purchase or incumbrance made, the said offender to be a person within the description of this act, shall not be prejudiced hereby, but in such case the offender shall forfeit the value of the inheritance to be distributed and recovered in manner aforesaid. $ 3.
Also this shall not extend to compel any person to register or procure to be registered any lands, until he or some other per
son as trustee for him hath been actually seised, and have notice [ 182 ) thereof, or possessed, or in the receipt of the rents or profits of
the same for six months. $ 4.
And this shall not extend to compel any person to register any lands, whereof he shall be only farmer or tenant at rack rent, or only shall hold by lease, whereupon two-thirds of the full yearly value or more shall be reserved. $5. .
Also this shall not extend to defeat or prejudice any protestant, or other creditor, who bona fide shall have any charge or in