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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 265   View pdf image (33K)
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Acts. 265


every such Case such lands or Tenements as aforesaid shall
be acknowledged by letter of Attorny well and Sufficiently
proved either in the Provincial or County Court where such
lands or Tenements lye or before one Justice of the Provincial
Court or two Justices of the County Court as aforesaid and be
inrolled as aforesaid anything herein before Contain'd to the
Contrary thereof notwithstanding —
And be it further Enacted by the Authority aforesaid that

Lib. L. L.
No. 64.

every such Writing indented to be acknowledged and Inrolled
as aforesaid shall have relation as to the passing and Convey-
ing of the Premisses and the Estate and Estates thereby
Passd or intended to be passed and Conveyed by and from
the day of the Inrollment of the same and not from the day of
the date thereof and shall at all times be Construed and taken
more favourably and beneficially for the benefitt and advantage
of the Grantee or Grantees and more strongly for the barring
the Grantors therein to be named and according to such
Intents as by the words thereof shall appear to have been the
true intent of the partys thereunto altho: the same be not so
firmly drawn as is used in England where the Advice of
Councill learned in the law may be easily had.
Provided allways that if any ffeme Covert be named a party
Grantor in any such Writing indented the same shall not be
in force to debarr her or her heires except upon her
acknowledgment of the same and the person or persons tak-
ing such her Acknowledgment shall examine her privatly out ol
the hearing of her husband whether she doth make her acknowl-
edgment of the same willingly and freely and without being
induced thereunto by fear of threats of or used by her husband
or fear of his Displeasure And the Person or Persons so
examining her shall in a note or Certificate of the said Caption
of the said acknowledgment certify her Examination and
acknowledgment thereupon and that such Certificate be like-
wise enrolled upon record in which Case and by such
acknowledgments and Certificates ffeme Coverts shall be
barr'd and not otherwise anything herein contained to the
contrary Notwithstanding
Provided allways and be it Enacted by the Authority afore-
said by and with the Advice and Consent aforesaid That
where any Acknowledgment or Acknowledgments of any Deed
or Deeds Conveyance or Couveyances by them that right had

P. 55

to grant bargain and sell any Mannors Lands Tenements or
Hereditaments within this Province have been made during
the Continuance of any the former recited Act of Assembly
before one Justice of the Provincial Court or before one or
two of the Councill and enrolled according to the Direction ot
the fformer Acts shall be good and effectual in the Law to all

p. 56



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 265   View pdf image (33K)
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