Page:Ruffhead - The Statutes at Large - vol 4.djvu/193

A. D. 1703. Anno fecundo& tertio Ani^^ Reginse. C. 5, 141 trix, dying within the Kingdom oi England, Dominion oi IVales, and Town of Berivid upon Tweed, or ■within the Space of three Years after the Death of every refpedtive Devifor orTeftatrix, dying upon or in any Parts beyond the Seas, fhall be as valid and effeilual againfl: fubfequent Purchafers, as if the fame had been regiflred immediately after the Death of fuch refpeftive Devifor or Teftutrix j any thing herein con- tained to the contrary thereof in any wife notwithftanding. XXI. Provided always, That in cafe the Devifee, or Perfon or Perfons interefted in the Honours, Ma- Provifoin caft of nors Lands, Tenements, or Hereditam.ents, devifed by any fuch Will, as aforefaid, by reafon of the ^'"* «o""ilsd. conteftin^ fuch Will, or other inevitable Difficulty, without his, her, or their wilful NegleiSl or Default, fhall be difabled to exhibit a Memorial for the Regiftry thereof, within the refpeitive Times herein before limited, then and in fuch Cafe the Regiftry of the Memorial, within the Space of fix Months next •after his, her, or their Attainment of fuch Will, or a Probate thereof, or Removal of the Impediment, whereby he, flie, or they are difabled or hindred to- exhibit fuch Memorial, fhall be a fufficient Regiftry within the Meaning of this AiEl:-; any thing herein contained to the contrary thereof in any wife notv/ithftanding. XXII. And be it further enaiSted by the Authority aforefaid. That no Adember of Parliament, for the No Memterof Time being, fliall be capable of being chofen Regiiter, or of executing, by himfelf or any other Perfon, ^^ /■'^'"n"' -^T ""^ the faid Office, or have, take, or receive any Fee or other Profit whatsoever, for or in Refpe£l thereof ; ^^."j^^J'j^^^^^j^"^' -nor fhall any Regifter, or his Deputy for the Time being, be capable of being chofen a Member to chofenaMem- ferve in Parliament. b=r of Pailia- XXIII. And be it further enabled. That this A<3: fhall be taken and allowed in all Courts with- ment. in this Kingdom as a publick A61: ; and all Judges and Juftices are hereby required as fuch to take P"'><:1^ Aft. Notice thereof, without fpecial pleading the fame. SajAnn.c.zo, appointi?:g a Rc' g![fcr for MiddUfex ; and 8 Geo. z, c. 6. appointing 'Regifter for the North Riding cfTorkJhire, C A P. V. An A& to repeal a Provifo in an A& of the fourth Year of the Reign of King William and Queen Mary, which prevents the Citizens of the City of Tork from difpofing of their perfonal Eftates by their Wilis, as others inhabiting within the Province of Tork by that A61 may do. ' "S7 HERE AS by an A3: made and paiTed in the fourth Year of the Reign of therr late Majefties

• VV King William and Queen Mary, intituled, Jn A£i that the Inhabitants of the Province of York 4W. & M. c.,»,

' may difpofe of their perfonal Eftates by their JVilk, notwithftanding the Cufom of that Province : In which ' Aft there is a Provifo, that nothing in the faid Aft contained fhould extend or be conftrued to extend ' to the Citizens of the Cities of Tork and Chefter, who were or fhould be Freemen of the faid refpeftive ' Cities, inhabiting therein, or within the Suburbs thereof, at the Time of their Death : But that every ' fuch Citizen's Widow and Chidren fhould and might have and enjoy fuch reafonable Part and Propor- ' tion of the Teftator's perfonal Eftate, as fhe or they might or ought to have had by the Cuflom of the ' Province of York, before the making of the faid Aft : And whereas notwithftanding the Mayor and ' Commonlty, on behalf of the Inhabitants of the faid City of York, have humbly deftred that the faid . ' Provifo may be repealed, fo that the Freemen of the faid City may have the Benefit of the faid Aft of ■* Parliament, as well as all other Perfons inhabiting within the faid Province ;' Be it therefore enafted by the Queen's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and "'iTemporal, and Commons, in Parliament aflembled, and by the Authority of the fame, That from and after the fix and twentieth Day oi March in the Year of our Lord one thoufand feven hundred and four, the faid Provifo, fo far as the fame concerns the Citizens of the City of York, fhall be repealed, and is hereby repealed and made null and void, fo that from thenceforth it fhall and may be lawful for all and every the Citizens of the faid City oiYork, who are or fhall be Freemen of the faid City, inhabiting J'rsemen of Yorfc therein, or within the Suburbs thereof, at the Time of their Death, by their laft Wills and Teftaments, ""^y '*P° °* to give, bequeath, and difpofe of their Goods, Chattels, Debts, and other perfonal Eftates, to their Exe- ^^ ^ 'w-n cutor or Executors, or to fuch other Perfon or Perfons as the faid Teftator or Teftators fnall think fit, as ^ '* ^ ,any other Perfon or Perfons inhabiting or refiding within the faid Province of 2or/J may lawfully do by virtue of the faid Aft : And that from and after the faid fix and twentieth Day of March, the Widows-, Widows or Chil- Children, and other Kindred of fuch Teftator or Teftators, fhall be barred to claim or d-emand any Part '*'■=" "omti from of the Goods, Chattels, or other perfonal Eftate of the Teftator or Teftators, in any other Manner than '^^^^{^ °^y^Z^^ . as by the faid laft Wills and Teftaments is limited and appointed ; any thing in the faid Aft,, or any other tor's Will! "" Law, Statute, or Ufage to the contrary in any wife notwithftanding. II. Provided, and be it enafted. That this Aft fhall be taken and allowed in all Courts within f"^ ^^-^ this Kingdom as a publick Aft; and all Judges and Juftices.are required as fuch. to take Notice thereof without fpecial pleading the ikme» C A F,