| Volume 73, Appendix 43 View pdf image (33K) |
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the time being, among the records of the same court, and that the same clerk shall, on the back of every such deed, in a full legible hand, make an endorsement of such enrolment, and also of the folio of the book in which the same shall be enrolled, and shall to such endorsement set his hand. (a) By 1794, ch. 57, indenting is declared not necessary to the validity of deeds thereafter to be made. (b) By 1725, ch. 8, probats of deeds, &c either in the mayor's court, or before two magistrates of the City of Annapolis, and all deeds of lands lying within the precincts of that city, and acknowledged, &c. shall be good in law, as if made and acknowledged before a provincial justice, &c. (c) By November, 1779, ch. 10, they are to be calendar months. IX. AND PROVIDED ALWAYS, AND BE IT FURTHER ENACTED, by the authority aforesaid, That when the grantor or grantors, bargainer or bargainers of such lands, tenements or hereditaments, shall live remote from either the provincial court, or county court where the land lieth, it shall and may be lawful for such grantor or bargainer to acknowledge the same in the county where such bargainers live, and a certificate of such acknowledgement, under the hand of the county clerk, and under the seal of the same county, of such acknowledgement, shall be taken, deemed, reputed, and be as good and valid, as if the same had been acknowledged either in the provincial or county court where such land lieth, and be a sufficient warrant for such county clerk, where the land lieth, to enrol the same; and if any such grantor or bargainer of any lands or tenements as aforesaid, shall happen to be out of this province, within any of his majesty's dominions, at the time of the ensealing such writing or writings indented, so as the same cannot be acknowledged, as is before directed, or enrolled, within the time for that purpose herein before limitted, that in every such case such lands or tenements as aforesaid shall be acknowledged by a letter of attorney, well and sufficiently proved, either in the provincial or county court where such lands or tenements lie, or before one justice of the provincial court, or two justices of the county court as aforesaid, and be enrolled as aforesaid, any thing herein before contained to the contrary thereof notwithstanding. The act of November, 1766, ch. 14, (reciting that this act extends to conveyances by bargain and sale only,) prescribes a mode (substantially the same) for the acknowledgment, &c. of every conveyance by which " any estate of inheritance or freehold, or any declaration or limitation of use, or any estate for above seven years," shall pass or take effect. X. AND BE IT FURTHER ENACTED by the authority aforesaid, That every such writing indented, to be acknowledged and enrolled as aforesaid, shall have relation, as to the passing and conveying of the premises, and the estate and estates thereby passed, or intended to be passed and conveyed, by and from the day of the enrolment of the same, and not from the |
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Kilty's Land-Holder's Assistant, and Land-Office Guide
| Volume 73, Appendix 43 View pdf image (33K) |
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