An Humble PROPOSAL Of such Particular Rules AS ARE Necessary to be Established for the settling OF A REGISTRY; PRESENTED By way of Instance to demonstrate the Fesibility thereof, with submission to better Judgments for any Amendments or Alterations therein. licenced. Roger L'Estrange. Febr. 23. 1677 / 8. LONDON: Printed for Charles Harper, at the Flower-de-luce over against St. Dunstan's Church in Fleet-street. MDCLXXVIII. An Humble Proposal of such particular Rules as are necessary to be Established for the settling of a Registry, &c. I. THat an Office for a Registry may be Erected within the Cities of London and Westminster, and in every County of England, Dominion of Wales, and Town of Berwick upon Tweed, and in the Isle of Wight, and other such like places, to be constantly kept in some certain place within such Cities or Counties. II. That a proper Person at the nomination of His Majesty, may be Constituted the Register, by Letters Patents for Execution of such Office, giving a thousand pound Security, to be approved of by the Lord Chancellor, for his truth and fidelity. III. That such Register may be bound to keep a large and substantial Book, of the best and strongest sort of Paper, for entering all Estates, Titles and encumbrances, in such manner as the party concerned shall direct under his Hand and Seal, testified by two Witnesses, to be filled by the Register for his Warrant in so doing. IV. That such Register may keep a distinct Calendar of Lands when registered, under the Title of that Parish wherein the same Lands lye, for the more easy searching after the same. V. That every Register have leave to execute the said Office, by one or more Clerks whom he shall deputy under his Hand and Seal, for that purpose. A true Copy of such Deputations to be always hanging up in the said Office, that all person may know from whom to demand a dispatch of their Business. And such Register to be answerable for the misdemeanour of such deputed Clerks. VI. That such Register, or his Clerks, give constant attendance upon the said Office between the hours of Nine and Eleven in the forenoon, and between Three and Five in the Afternoon. VII. That a short extract of all Estates, Titles and encumbrances whatsoever,( except Statutes, Judgments, recognisances, and Bonds to the King) upon any Lands, Tenements, and Hereditaments, which are or may be charged upon the same, at or before the 26th. day of March, 1678. may be registered in the proper Office of the City or County where such Lands, &c. lye, by the 24th. day of June then next following. Or otherwise such Estates, Title, or encumbrance, not being registered as aforesaid, to be utterly voided as to all subsequent purchasers for a valuable consideration, without notice, and such extract to contain the date of the dead: And all the parties to the same dead, and all the parcels of Land, &c. contained therein, in the express words of the said dead, or otherwise, such Estate to be esteemed not well registered, and the party so registering to have no benefit thereby. VIII. That from and after the said six and twentieth day of March, all Estates, Titles, and encumbrances( except as before excepted) which shall be charged upon any Lands, Tenements, and Hereditaments, shall be registered within forty days next after the Execution of such Estate, Title, or encumbrance or otherwise the same to be voided against all subsequent Purchasers as aforesaid. IX. That the space of one hundred days, or the like be allowed for the registering of any Will, because it many times happens that between the Heir and Executor, a Will may receive some delay before it be produced or proved. X. That the Register be allowed 2 s. for every Act that is registered, as a constant Fee for keeping a fair Calendar, and at the rate of 6 d. for every hundred words that he shal● enter into his Register Book, according to his Warrant sent him under Hand and Seal. XI. That such Register do enter any Caveat that 〈◇〉 sent him under Hand and Seal, testefied by two Witnesses, for the Fee of 2 s. as aforesaid, and 6 d. for every hundred words as aforesaid. And that such Caveat be sufficient notice to any Purchaser, &c. XII. That such Register shall make any search that is demanded, at the rate of 4 d. per year; and shall give any Certificate required, not exceeding one hundred words for 1 s. and so for every hundred words so certified. XIII. That upon Conviction of any imbezelment of the said Register Book, or any rasing or interlining in the same, not agreeing with such Warrant as shall be given for any thing to be registered, that such Register shall forfeit triple damages to the party wronged, to be made good out of the 1000 l. Security so far as the same will extend: And likewise to forfeit his Office. XIV. That a distinct Office be erected in London, near some of the Inns of Court, for registering all Statutes, Judgments, recognisances, and Bonds to the King, in such ●lphabetical manner, as to the Names of the Cognizors an● Cognizees, that upon an easy search such Incumbrance● may presently be discovered. XV. That such Officer be limited to some such Rules as ●●oresaid, in the Execution of his said Office and concern●● his Fees therein. XVI. That the Cognizee do sent a Warrant under Hand and Seal, of the name of the Cognizor and Cognizee, and date of such Statute, judgement, Recognizane, or Bond to the King, to be entred into the Registers Book exactly, according to such Warrant, and then the Warrant to be filled by the Register for his justification. XVII. That once in ten years all Statutes, &c. remaining in force, be endtred de novo in the Registry, at the charge of the Cognizees, which will prevent both the difficulty and charge of searching. From what hath been premised may arise these Considerations. First, That the duty of a Register being only to keep a fair Book for entering what shall be sent to him under Hand and Seal: If the pages of his Book be but numbered, and every Act that is entred be likewise numbered, it will be impossible for him to add or diminish a leaf, or rase or interline any part of such Book, without a manifest detection; and consequently the said Office will not be of so great Trust, but that any indifferent person that can give a thousand pound Security, may be sufficiently qualified for such Office. Secondly, That any person having an Estate or Title to Register, need but draw a short extract of his dead, and direct the same by Warrant under his Hand and Seal to the Register to be entred; which may be sent, if requisite, even in a Post Letter, to any place with safety, if he have but an indifferent Friend there to receive it, see it entred, and then examined with the Warrant; which can neither be chargeable nor troublesome. Lastly, That if a man have an hundred Deeds relating to any Estate, whereof he is in Possession( if such be not a redeemable Estate) though the same were Mortgages, or the like, that are kept on foot to preserve the Title to such an Estate, yet he need not Register one of them, because no man can sell an Estate over a mans head that is in possession. From whence it may reasonably be conluded that there is more in apprehension than in reality over the inconveniences of Registry.