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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 37   View pdf image (33K)
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APPENDIX.    XXXVII.

this province, or any the lands, islands, territories or places thereunto belonging, shall pass, alter or change from one to another, whereby the estate of inheritance, or freehold, or any estate for years (other than such upon which the improved yearly rents reserved to be paid) shall be made to take effect in any person or persons, or any use or trust thereof, except the deed or deeds, conveyance or conveyances, by which the same shall be intended to pass, alter or change, be made by writing indented and sealed; and that the same be acknowledged in the provincial court of this province, or before two of the privy council of this province, or in the court of the same county, or before two of the justices of the peace of the same county, where the same manors, lordships, lands, tenements and hereditaments do lie; and be enrolled, or the substance of the same (that is to say) the certain dates, names, surnames, and additions of the parties thereunto, with the certain considerations for which the same are made, and the certainty of the premises, and of the estate and estates thereby intended to pass, be enrolled in the provincial court of this province, or in the county court where the land doth lie: The same enrolment to be made within twelve months, next after the date of the said writings indented; for the caption of which said acknowledgment, there shall be paid to the parties taking the same, twelve pence sterling, and no more. And for which said enrolment, there shall be paid to the clerk of the said provincial or county court, in case the same do not exceed half a side of a leaf in folio, in the record book, wherein the same shall be enrolled, the sum of eight pence only; and if the same do exceed half a side of a leaf as aforesaid, then the sum of sixteen pence; and so after the rate of sixteen pence of every side of a leaf which the enrolment shall take up. And that the said clerk of the said court, shall well and sufficiently enrol the same, with a note of the day wherein the same shall be enrolled, in a good sufficient book in folio, to remain in the custody of the clerk of the same court, for the time being, amongst the records of the said court; to the intent that every party that hath to do therewith, may resort unto and see the enrolment. And that the same clerk shall, on the back of every such deed, in a full legible text hand, make an endorsement of the day and year of such enrolment, and also of the folio of the book in which the same is enrolled, and shall unto such endorsement set his hand.     III. Provided always, and it is hereby enacted by the authority aforesaid, and by the advice and consent aforesaid, That where the grantor or grantors, bargainor or bargainors, of any such manors, lordships, lands, tenements or hereditaments, shall happen to be out of this province, and within any



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 37   View pdf image (33K)
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