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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 234   View pdf image (33K)
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234 Assembly Proceedings, November 1-December 6, 1766.

Liber H. S.
No. 1
[Provision
where the
Grantors, &c
live out of
the County
where the
Lands lie.
Deeds may
be ac-
knowledg'd
in the
County, and
Certified to
the proper
Court]

Provided allways and be it Enacted that when the person or
persons making any Deed or Conveyance for conveying or declaring
or Limitting any use in or for any Lands Tenements or Heredita-
ments shall live remote from the Provincial Court or out of the
County where the Lands Tenements or Hereditaments lie it shall
and may be law full for such person or persons to Acknowledge the
same in the County Court of the said County or before two Justices
of the said County wherein he she or they shall reside and a certificate
of such Acknowledgment under the hand of the County Clerk and
under the seal of the same County being endorsed thereon that the
said Acknowledgment was made in open Court, if made in Court,
or if before two Justices that they were at the time of making the
said Acknowledgment Justices of the said Court duly Commissioned
and Sworn such Deed or Conveyance shall be taken deemed and
reputed and shall be as good and valid as if the same had been
Acknowledged in manner first herein mentioned and such Certificate

p. 626

shall be a Sufficient Warrant for the Clerk of such County where
the Lands Tenements and hereditaments aforesaid do lie to enroll
such Deed or Conveyance and the Endorsements thereon And if any

[Grantor, if
a non-Resi-
dent, may
acknowledge
by At-
torney]

person or persons Conveying Limitting or declaring as aforesaid
shall not be a resident of this Province at the time of the Execution
of such Deed or Conveyance so as the same cannot be Acknowledged
as is before directed or enrolled within the time for that purpose
herein before Limitted then and in every such case the Deed or
Conveyance shall be Acknowledged by letter of Attorney well and
sufficiently proved either in the Provincial Court or County Court
where the Land intended to be Conveyed or the use thereof limitted
or declared doth lie or before one Justice of the Provincial or Two
Justices of the County Court as aforesaid and be enrolled as afore-
said within Six Months from the time of such Acknowledgment any
thing herein contained to the Contrary Notwithstanding

[Deeds of
Sale to take
Effect from
the Day of
the Date
thereof]

And be it further Enacted by the Authority aforesaid that every
such writing to be Acknowledged and enrolled as aforesaid and every
Deed of Bargain and Sale of any Lands Tenements or Heredita-
ments whatsoever hereafter to be made executed Acknowledged and
Enrolled shall have relation as to the passing and conveying the
premises and the Estate thereby intended to be passed or conveyed
by and from the day of the date thereof any thing contained in this
present Act or any other Act or Acts to the Contrary Notwith-
standing

[Proviso for
Femme
Covert]

And be it further Enacted that any Fem[m]e Covert not being a
Minor Joining with her husband in any of the Severall kinds of
Conveyances herein before mentioned and Acknowledging them or

[How to be
Examined]

any of them upon private examination according to the directions
of the said recited Act where such Fem[m]es Covert have the right
title or Interest of the Lands Tenements or Hereditaments or any



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 234   View pdf image (33K)
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