clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 99   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

Acts. 99


reputable Freeholders, upon Oath, to be to them administered by
such Justice, to value such Messuages, or Lands, and to certify what
they believe in their Consciences the true and real Value thereof to
be: Which Certificate shall be produced to the said Commissioners
or Trustees.
Provided, That upon all the Loans hereby intended, the Com-
missioners or Trustees shall take all possible Care, that the Bor-
rower has an indefeasible Estate in Fee Simple, in the Messuages,
Lands, Tenements, and Hereditaments, by him or her proposed to
be mortgaged; and that they are free from all former Sales, Gifts,
Grants, Mortgages, Entails, and all other Incumbrances, except the
Lord Proprietary's Quit-Rents, or other Rents issuing out of the
same, and expressly mentioned in the Deed or Deeds thereof. But
before the Commissioners or Trustees shall accept of any Mortgage,

Session
Laws

upon Messuages, Lands, Tenements, or Hereditaments, subject to
the Payment of such Quit-Rents, Ground-Rents, Rent-Charge, or
other Annual Payments, they shall duly consider, and, according
to the best of their Skill, find out the clear Value of such Messuages,
not reckoning on the Rents thereof, at more than Twelve, nor less
than Eight Years Purchase; and shall let out upon Loan to the
Mortgager, One Third Part of the Value aforesaid, in Bills of
Credit, at the Interest of Four per Cent, per Annum; and One Half
the Value of Lands, Tenements, or Hereditaments; and for such
Term as shall be agreed on, not exceeding Seven Years. And that
the Person offering any of the said Messuages, Lands, Tenements,
or Hereditaments, to mortgage for any of the said Bills, shall, at
or before the Time of executing the Deed of Mortgage, declare
upon Oath, or solemn Affirmation, in the usual Form, if the Party
be a Quaker, (which the Commissioners or Trustees, or any of
them, are and is hereby impowered and required to administer) that
he or she is really seised of the Premises in his or her own Right,
and to his or her own Use; and that the same were not conveyed
to him or her in Trust, for the Use of any other Person, nor with
Intent to raise any Sum or Sums of Money upon the same, by way
of Loan, or otherwise, for the Use of any other Person or Persons
whatsoever; and that the Messuages, Lands, Tenements, and Heredi-
[ta]ments, mentioned in the Deed by him or her to be executed, are
free and clear from any former or other Gift, Grant, Mortgage, or
other Incumbrance, to his or her Knowledge, (excepting the Lord
Proprietary's Quit-Rents, or other Charges appearing in his or her
Deeds then produced.) which Oath or Affirmation shall be indorsed
on the Back of the Mortgage, with the Day and Year of the Caption
thereof; for which, the Clerk shall receive Six Pence, and no more.
And be it Enacted, That any Person, knowingly swearing or
affirming falsely, and being thereof convict by due Course of Law,
shall suffer as in Case of corrupt and wilful Perjury. And for

p. 11



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 99   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives