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<DATE>2014-07-02</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140422.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="A86848">
<STC T="W">H3593</STC>
<STC T="C">R225174</STC>
<BIBNO T="oclc">45504474</BIBNO>
<VID>171790</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>An Humble PROPOSAL Of &s;uch Particular Rules AS ARE Nece&s;&s;ary to be E&s;tabli&s;hed for the Setling OF A REGISTRY; PRESENTED By way of In&s;tance to demon&s;trate the Fe&s;ibility thereof, with &s;ubmi&s;sion to better Judgments for any Amendments or Alterations therein.</P>
<LICENSE LANG="eng">
<P>LICENSED.</P>
<CLOSER><SIGNED>Roger L'E&s;trange.</SIGNED>
<DATE><HI>Febr.</HI> 23. 1677/8.</DATE></CLOSER>
</LICENSE>
<P><HI>LONDON:</HI> Printed for <HI>Charles Harper,</HI> at the Flower-de-luce over again&s;t St. <HI>Dun&s;tan</HI>'s Church in <HI>Fleet-&s;treet.</HI> MDCLXXVIII.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="petition">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>An Humble Propo&s;al of &s;uch particular Rules as are nece&s;&s;ary to be E&s;tabli&s;hed for the Setling of a Regi&s;try, <HI>&amp;c.</HI></HEAD>
<P N="1">I. _THat an Office for a Regi&s;try may be Erected within the Cities of <HI>London</HI> and <HI>We&s;tmin&s;ter,</HI> and in every County of <HI>England,</HI> Dominion of <HI>Wales,</HI> and Town of <HI>Berwick</HI> upon <HI>Tweed,</HI> and in the I&s;le of <HI>Wight,</HI> and other &s;uch like places, to be con&s;tantly kept in &s;ome certain place with|in &s;uch Cities or Counties.</P>
<P N="2">II. That a proper Per&s;on at the nomination of His Maje&s;ty, may be Con&s;tituted the Regi&s;ter, by Letters Patents for Execution of &s;uch Office, giving a thou&s;and pound Security, to be approved of by the Lord Chancellor, for his truth and fidelity.</P>
<P N="3">III. That &s;uch Regi&s;ter may be bound to keep a large and &s;ub&s;tantial Book, of the be&s;t and &s;tronge&s;t &s;ort of Paper, for entring all E&s;tates, Titles and Incumbrances, in &s;uch manner as the party concerned &s;hall direct under his Hand and Seal, te&s;tified by two Witne&s;&s;es, to be filed by the Regi&s;ter for his Warrant in &s;o doing.</P>
<P N="4">IV. That &s;uch Regi&s;ter may keep a di&s;tinct Calendar of Lands when Regi&s;tred, under the Title of that Pari&s;h wherein the &s;ame Lands lie, for the more ea&s;ie &s;earching after the &s;ame.</P>
<P N="5">V. That every Regi&s;ter have leave to execute the &s;aid Office, by one or more Clerks whom he &s;hall depute under his Hand and Seal, for that purpo&s;e. A true Copy of &s;uch Deputations to be always hanging up in the &s;aid Office, that all per&s;on may know from whom to de|mand a di&s;patch of their Bu&s;ine&s;s. And &s;uch Regi&s;ter
<PB N="4" REF="3">to be an&s;werable for the mi&s;demeanor of &s;uch deputed Clerks.</P>
<P N="6">VI. That &s;uch Regi&s;ter, or his Clerks, give con&s;tant attendance upon the &s;aid Office between the hours of Nine and Eleven in the forenoon, and between Three and Five in the Afternoon.</P>
<P N="7">VII. That a &s;hort extract of all E&s;tates, Titles and In|cumbrances what&s;oever, (except Statutes, Judgments, Recognizances, and Bonds to the King) upon any Lands, Tenements, and Hereditaments, which are or may be charged upon the &s;ame, at or before the 26th. day of <HI>March,</HI> 1678. may be Regi&s;tred in the proper Office of the City or County where &s;uch Lands, <HI>&amp;c.</HI> lie, by the 24th. day of <HI>June</HI> then next following. Or otherwi&s;e &s;uch E&s;tates, Title, or Incumbrance, not being Regi&s;tred as afore&s;aid, to be utterly void as to all &s;ub&s;equent pur|cha&s;ers for a valuable con&s;ideration, without notice, and &s;uch extract to contain the date of the Deed: And all the parties to the &s;ame Deed, and all the parcels of Land, <HI>&amp;c.</HI> conteined therein, in the expre&s;s words of the &s;aid Deed, or otherwi&s;e, &s;uch E&s;tate to be e&s;teemed not well Regi&s;tred, and the party &s;o Regi&s;tring to have no benefit thereby.</P>
<P N="8">VIII. That from and after the &s;aid &s;ix and twentieth day of <HI>March,</HI> all E&s;tates, Titles, and Incumbrances (except as before excepted) which &s;hall be charged up|on any Lands, Tenements, and Hereditaments, &s;hall be Regi&s;tred within forty days next after the Execution of &s;uch E&s;tate, Title, or Incumbrance or otherwi&s;e the &s;ame to be void again&s;t all &s;ub&s;equent Purcha&s;ers as a|fore&s;aid.</P>
<P N="9">IX. That the &s;pace of one hundred days, or the like be allowed for the Regi&s;tring of any Will, becau&s;e it many times happens that between the Heir and Execu|tor, a Will may receive &s;ome delay before it be pro|duced or proved.</P>
<PB N="5" REF="3" MS="y">
<P N="10">X. That the Regi&s;ter be allowed 2 <HI>s.</HI> for every Act that is Regi&s;tred, as a con&s;tant Fee for keeping a fair Ca|lendar, and at the rate of 6 <HI>d.</HI> for every hundred words that he &s;hal<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> enter into his Regi&s;ter Book, according to his Warrant &s;ent him under Hand and Seal.</P>
<P N="11">XI. That &s;uch Regi&s;ter do enter any Caveat that <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> &s;ent him under Hand and Seal, te&s;tefied by two Witne&s;&s;es, for the Fee of 2 <HI>s.</HI> as afore&s;aid, and 6 <HI>d.</HI> for every hundred words as afore&s;aid. And that &s;uch Caveat be &s;ufficient notice to any Purcha&s;er, <HI>&amp;c.</HI></P>
<P N="12">XII. That &s;uch Regi&s;ter &s;hall make any &s;earch that is demanded, at the rate of 4 <HI>d. per</HI> year; and &s;hall give any Certificate required, not exceeding one hundred words for 1 <HI>s.</HI> and &s;o for every hundred words &s;o certi|fied.</P>
<P N="13">XIII. That upon Conviction of any imbezelment of the &s;aid Regi&s;ter Book, or any ra&s;ing or interlining in the &s;ame, not agreeing with &s;uch Warrant as &s;hall be given for any thing to be Regi&s;tred, that &s;uch Regi&s;ter &s;hall forfeit treble damages to the party wronged, to be made good out of the 1000 <HI>l.</HI> Security &s;o far as the &s;ame will extend: And likewi&s;e to forfeit his Office.</P>
<P N="14">XIV. That a di&s;tinct Office be erected in <HI>London,</HI> near &s;ome of the Inns of Court, for Regi&s;tring all Statutes, Judg|ments, Recognizances, and Bonds to the King, in &s;uch <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">lphabetical manner, as to the Names of the Cognizors an<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Cognizees, that upon an ea&s;ie &s;earch &s;uch Incum|brance<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> may pre&s;ently be di&s;covered.</P>
<P N="15">XV. That &s;uch Officer be limited to &s;ome &s;uch Rules as <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ore&s;aid, in the Execution of his &s;aid Office and con|cern<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> his Fees therein.</P>
<P N="16">XVI. That the Cognizee do &s;ent a Warrant under Hand and Seal, of the name of the Cognizor and Cog|nizee, and date of &s;uch Statute, Judgment, Recogni|zane, or Bond to the King, to be entred into the Re|gi&s;ters Book exactly, according to &s;uch Warrant, and then the Warrant to be filed by the Regi&s;ter for his ju|&s;tification.</P>
<PB N="6" REF="4">
<P N="17">XVII. That once in ten years all Statutes, <HI>&amp;c.</HI> re|maining in force, be endtred <HI>de novo</HI> in the Regi&s;try, at the charge of the Cognizees, which will prevent both the difficulty and charge of &s;earching.</P>
<P>From what hath been premi&s;ed may ari&s;e the&s;e Con&s;iderations.</P>
<P>Fir&s;t, That the duty of a Regi&s;ter being only to keep a fair Book for entring what &s;hall be &s;ent to him under Hand and Seal: If the pages of his Book be but numbred, and every Act that is entred be likewi&s;e numbred, it will be impo&s;sible for him to add or dimini&s;h a leaf, or ra&s;e or interline any part of &s;uch Book, without a manife&s;t detection; and con&s;equently the &s;aid Office will not be of &s;o great Tru&s;t, but that any indifferent per|&s;on that can give a thou&s;and pound Security, may be &s;ufficiently qualified for &s;uch Office.</P>
<P>Secondly, That any per&s;on having an E&s;tate or Title to Re|gi&s;ter, need but draw a &s;hort extract of his Deed, and direct the &s;ame by Warrant under his Hand and Seal to the Regi&s;ter to be entred; which may be &s;ent, if requi&s;ite, even in a Po&s;t Letter, to any place with &s;afety, if he have but an indifferent Friend there to receive it, &s;ee it entred, and then examined with the Warrant; which can neither be chargeable nor trouble&s;om.</P>
<P>La&s;tly, That if a man have an hundred Deeds relating to any E&s;tate, whereof he is in Po&s;&s;e&s;&s;ion (if &s;uch be not a redeemable E&s;tate) though the &s;ame were Mortgages, or the like, that are kept on foot to pre&s;erve the Title to &s;uch an E&s;tate, yet he need not Regi&s;ter one of them, becau&s;e no man can &s;ell an E&s;tate over a mans head that is in po&s;&s;e&s;&s;ion.</P>
<P><HI>From whence it may rea&s;onably be conluded that there is more in apprehen&s;ion than in reality over the inconveniences of Regi&s;try.</HI></P>
</DIV1>
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