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Proceedings and Acts of the General Assembly, April 1666-June 1676
Volume 2, Page 391   View pdf image
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Assembly Proceedings, May — June 1674. 391


two yeares next after the elate of the said writeing Indented
shall be a Sufficient acknowledgment and enrollment in the
Law to all intents and purposes and as effectuall & avayleable
for the passing & Conveying of the Manners Lordships Lands
Tenements & Hereditaments thereby intended to be passed or
Conveyed as if the same had been acknowledged in this Pro-
vince and enrolled according to the intent & direccons of this
Act any thing herein before Conteined to the Contrary hereof
Notwithstanding.
And Bee itt further Enacted by the Authority aforesaid by
and with the aduice and Consent aforesaid that every such
writeing Indented to be acknowledged & enrolled as aforesaid
shall haue Relacon as to the passing and Conveying of the
premisses & the Estate & Estates thereby intended to be
passed and Conveyed only from the day of the enrollment of
the same and not from the day of the date thereof and shall
att all times be Construed and take most fauourably and bene-
ficially for the benefitt and advantage of the grantee and
grantees and more strongly for the barring of the grantor or
grantors therein to be named and according to such intent as
by the words thereof shall appear to haue been the true in-
tendment of the parties thereunto allbeit the same shall not
happen to bee drawn & penned in such strict formall manner
as is used in England and other Countries where the advice of
Councill learned in the Lawes of the Country may be easily
had in the drawing & penning of Instruments of the like
nature.
Provided alwaies that where any marryed woman or fern
Covert shall happen to be named aparty grantor in any such
writeing Indented the same shall not be of force to debarr her
or her heirs Except vpon her acknowledgment of the same
the person or persons takeingf such her acknowledgment shall

Liber
W H &L

Examine her privately and secretly out of the hearing of her
husband whether shee doe make such acknowledgment will-
ingly & freely and without being induced thereunto by any
force or threats vsed by her husband or through feas of his
displeasure and that vpon such Examinacon shee shall owne the
said acknowledgment to be free and voluntary and that the
person or persons soe Examining her shall in the noate or Cer-
tificate of the Capcon of the said acknowledgment Certifie
such her Examinacon and acknowledgment thereupon and that
such Certificate be likewise enrolled vpon Record in which Case
onely every such feme Covert shall be barred and not other-
wise any thing herein before Conteined to the Contrary Not-
withstanding.
Provided alsoe that noe such writeing Indented shall be att
any time enrolled within this Prouince before the Receiver

p. 78



 
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Proceedings and Acts of the General Assembly, April 1666-June 1676
Volume 2, Page 391   View pdf image   << PREVIOUS  NEXT >>


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