| 1715. |
1 GEORGE I.
|
CHAP.
XLVII.
and not be
barred of Estate
or Dower
without such
Examination,
&c. and Certificate
thereof
enrolled
upon Record.
Acknowledgments
of
Deeds, under
former Acts,
before one
Provincial
Justice, or
one or two
Members of
the Council,
confirmed. |
her Examination and Acknowledgment thereupon; and that such Certificate
be likewise enrolled upon Record: In which case, and by such
Acknowledgments
and Certificates, Femme Coverts shall be barred, and not otherwise;
and shall also be barred of their Dower, by such like Acknowledgment,
where
they have only a Right of dower in the Estate conveyed, although not
named,
in the Deed thereof; any thing herein contained to the contrary notwithstanding.
By 1752, ch. 8, the Acknowledgment
and Examination of any Femme Covert who resides out
of the Province, taken before the Mayor of any Corporation
in Great-Britain or Ireland, or before
one Justice of the Supreme Court or any Province or Colony
within his Majesty's Dominions,
and certified by Endorsement upon such Deed, under the
Hand of such Magistrate, and Seal
of the Corporation or Colony respectively, shall be good
in Law to bar such Femme Covert, of
her Right of Inheritance or Dower, as the Case may be.
XI. Provided
always, and be it further Enacted,
by the Authority aforesaid,
by and with the Advice and Consent aforesaid, That where any
acknowledgment
or Acknowledgments of any Deed or Deeds, Conveyance or
Conveyances, by them that Right had to grant, bargain and sell any
Manors,
Lands, Tenements or Hereditaments within this Province, have been made
during the Continuance of any the former recited Acts of Assembly,
before
one Justice of the Provincial Court, or before one or two of the Council,
and
enrolled according to the Direction of the former Acts, shall be good
and effectual
in Law, to all Intents, Constructions and Purposes whatsoever;
any Thing in this Act contained to the contrary thereof, in any wise
notwithstanding.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
|
|
CHAP. XLVIII.
|
Passed 3d
June 1715. |
An ACT for rectifying the ill Practices of Attorneys of this Province,
and ascertaining Fees to the Attorney-General, Clerk
of
Indictments, Attorneys and Practitioners of the
Law in the
Courts of this Province, and for levying the same
by Way of
Execution. Lib. LL. N° 4. fol.
275. |
No criminal
Process shall
issue out of
any Court,
without Presentment,
or
Order of the
Governor in
Council, or
of Court.
Any Attorney,
&c. in
the Provincial
Court, offending
herein
shall forfeit
1000 lb Tobacco,
to be recovered
in the Provincial
Court.
In the County
Court 2500
lb Tobacco. |
BE it Enacted, by
the King's most excellent Majesty, by and with the Advice
and Consent of his Majesty's Governor, Council, and Assembly of
this Province,
and the Authority of the same, That after the End of this Session
of Assembly, no Process for any criminal Matter, or other Misdemeanour,
shall issue out of any the Courts of this Province, against any Person
or Persons
whatsoever, without a Presentment be first found against the said Person
or Persons by the Grand-Jury, unless by a Special Order of his Excellency
the
Governor in Council, or of the Provincial or County Courts in this
Province.
And if the Attorney-General, or any other Attorney of the Provincial
Court,
shall issue forth Process against any Person or Persons, and no Presentment,
or Order of his Excellency the Governor in Council, or Order of Courts
appear
upon Record to justify the same, the said Attorney so offending, shall
forfeit and pay for such Offence, the Sum of Five Thousand Pounds of
Tobacco, the one Half to his Majesty, his Heirs and Successors towards
the
Support of Government, within this Province, the other Half to the
Party
grieved, or to him or them that shall inform or sue for the same; to
be recovered
in the Provincial Court of this Province, by Bill, Plaint or Information.
II. And
if any Clerk of the Indictments in any County Court of this Province,
or any other Attorney practicing in the said Courts, shall issue forth
Process against any Person or Persons for any criminal Matter or Misdemeanour,
without a Presentment be first found by the Grand Jury against the
said Person or Persons, or especial Order of the Governor in Council,
or
County Court, appearing upon Record to justify the same; the said Clerk
of |
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