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Proceedings of the Council of Maryland, 1696/7:1698
Volume 23, Page 122   View pdf image (33K)
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                 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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Proceedings of the Council of Maryland, 1696/7:1698
Volume 23, Page 122   View pdf image (33K)
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