|
APPENDIX. XLIII.
the time being, among the records of the same court, and that
the same clerk shall, on the back of every such deed, in a full
legible hand, make an endorsement of such enrolment, and
also of the folio of the book in which the same shall be enrolled,
and shall to such endorsement set his hand.
(a) By 1794, ch. 57, indenting is declared not necessary to the
validity of deeds thereafter to be made.
(b) By 1725, ch. 8, probats of deeds, &c either in the mayor's court,
or before two magistrates of the City of Annapolis, and all deeds of lands
lying within the precincts of that city, and acknowledged, &c. shall be
good in law, as if made and acknowledged before a provincial justice, &c.
(c) By November, 1779, ch. 10, they are to be calendar months.
IX. AND PROVIDED ALWAYS, AND BE IT FURTHER
ENACTED, by the authority aforesaid, That when the grantor or
grantors, bargainer or bargainers of such lands, tenements or
hereditaments, shall live remote from either the provincial
court, or county court where the land lieth, it shall and may
be lawful for such grantor or bargainer to acknowledge the
same in the county where such bargainers live, and a certificate
of such acknowledgement, under the hand of the county
clerk, and under the seal of the same county, of such
acknowledgement, shall be taken, deemed, reputed, and be as
good and valid, as if the same had been acknowledged either
in the provincial or county court where such land lieth, and
be a sufficient warrant for such county clerk, where the land
lieth, to enrol the same; and if any such grantor or bargainer
of any lands or tenements as aforesaid, shall happen to be
out of this province, within any of his majesty's dominions,
at the time of the ensealing such writing or writings indented,
so as the same cannot be acknowledged, as is before directed,
or enrolled, within the time for that purpose herein
before limitted, that in every such case such lands or tenements
as aforesaid shall be acknowledged by a letter of attorney,
well and sufficiently proved, either in the provincial or
county court where such lands or tenements lie, or before one
justice of the provincial court, or two justices of the county
court as aforesaid, and be enrolled as aforesaid, any thing
herein before contained to the contrary thereof notwithstanding.
The act of November, 1766, ch. 14, (reciting that this act extends to
conveyances by bargain and sale only,) prescribes a mode (substantially
the same) for the acknowledgment, &c. of every conveyance by which
" any estate of inheritance or freehold, or any declaration or limitation of
use, or any estate for above seven years," shall pass or take effect.
X. AND BE IT FURTHER ENACTED by the authority
aforesaid, That every such writing indented, to be acknowledged
and enrolled as aforesaid, shall have relation, as to the passing
and conveying of the premises, and the estate and estates
thereby passed, or intended to be passed and conveyed, by and
from the day of the enrolment of the same, and not from the
|
 |
