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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 315   View pdf image
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Acts. 315

 

Land Lyeth It shall and may be Lawfull for such Grantor or
bargainer to Acknowledge the Same in the County where
such Bargainors Live and a Certificate of such Acknowledg-
ment Under the hand of the County Clerk and under the
Scale of the same County of such Acknowledgm1 shall be
taken Deemed reputed and be as good and Valid as if the
same had been Acknowledged Either in the provinciall or
County Court where such Land lyeth and be a Sufficient
warr1 for such County Clerk where the Land lyeth to Enroll
the same and if any such Grantor or Bargainer of any Lands
or Tenements as afd shall happen to be out of this province
within any of his Majestys Dominions att the time of the
Ensealing of such Writing or writings Indented Soe as the
same cannot be Acknowledged as is before directed or
Enrolled within the time for that purpose herein before

C. P.

Limitted that in Every such Case such Lands or Tenements
as afd shall be Acknowledged by a Letter of Attorney well
and Sufficiently proved Either in the provinciall or County
Court where such Lands or Tenements Lye or before one
Justice of the provinciall Court or two Justices of the County
Court as afd and be Enrolled as afd any thing herein before
Contained to the Contrary thereof notwithstanding.
And be itt further Enacted by the Authority afd that Every
such writing Indented to be acknowledged and Enrolled as
afd shall have relation as to the passing and Conveying of
premisses and the Estate and Estates thereby passed or In-
tended to be passed and Conveyed by and 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 & 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 parties thereunto altho' the same be not soe
firmly drawn as is used in England where the Advice of
Councill Learned in the Law may be Easily had — Provided
always that if any feme Covert be named as a Grantor in any
such writing Indented the same shall not be in force to Debarr

p. 185

her or her heirs Except upon her Acknowledgment of the
Same and the person or persons taking such her Acknowl-
edgmt shall Examine her privately out of the hearing of her
husband whether she doth make her Acknowledgmt of the
same willingly and ffreely and without being Induced thereto
by fears or threats of or ill Usage by her husband or fear of
his Displeasure and that the person or persons so Examining
her shall in a note or Certificate of the taking of the said
Acknowledgment Certifie her Examination and Acknowledg.

p. 186



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 315   View pdf image
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