Volume 23, Page 122 View pdf image (33K) |
122 Proceedings of the Council of Maryland, 1696/7-98.
Lib. H. D. at least Endeavour to Convey away or dispose of their Estates with intent to defraud his Maty of such Judgmts. Ordered that it be Referred to Mr Attr and Sollicitor Genll whether such Conveyances may be deemed legall, and to Advise what way may be most suitable and proper for his Mats Service to Obstruct or hinder such ifraudulent Conveyances whereby those Judgmts may Effect the Estates of those persons against whom they are Obtain'd from the time of their ffirst passing. Signed p Ordr Hen: Denton Cl Councill
To his Exncy the Governr &ca. Kings Law- In obedience to this Command my humble Opin yers Report upon the above ion is That if the parties herein prescribed doe Case Convey away their Lands &Ca without any Reall Consideracon and with design on purpose to defeat his Maty's Iudgmt against them; that Grant & Conveyance is Void in Law, but if the Grant be not attended with them Circum stances of ifraud the Grant may be good if made bonafide and upon good Consideracon for the Kings Judgmt does not Embargoe the Land against Alienation legally made—his maty haveing it in his Royall pleasure to take Execution upon his p. 505 Judgmt when he thinks fit—therefore the only way to prevent such ffraudu!ent Conveyances with Submission to yor Exncys wisdom is by Proclamation to give notice & Caution to all Courts and Private Justices before whom any Land is to pass by acknowledgemt to Examine well the Parties and if they Se Cause to Examine the Witnesses whether such Grant or Alienation are bonafide and upon good Consideracon without ifraud before they take the acknowledgmt or Caption and if they find by such Examination any acknowledgment ffraudu lent and not bonafide and for good Consideration but only to defraud his Maty that they Refuse to take the acknowledgmt for the Same till the parties have Certificate from yor Exncy in Councill so to doe and for Caution to the Justices what per sons are thus to be question'd a Catalogue or list of all those persons against whom Judgmt is Obtain'd for the King may be sent with the Proclamation the Consideracon of which is Sub mitted to yor Exncys wisdom by Yor Obedient Servt Wm Dent I am of the Same Opinion George Plater R: Gouldesborough
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Volume 23, Page 122 View pdf image (33K) |
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