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XLIV. APPENDIX.
day of the date thereof; (a) and shall at all times be construed
and taken more favourably and beneficially for the benefit
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, although
the same be not so firmly drawn as is used in England, where
the advice of counsel learned in the law may be easily had.
(a) By November, 1766, ch. 14, section 5, such writings, deeds, &c.
thereafter to be made, shall have relation as to conveying the premises,
&c to the day of the date.
XI. 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 debar her or her heirs, except upon her acknowledgment
of the same, and the person or persons taking such
her acknowledgment, shall examine her privately, out of the
hearing of her husband, " whether she doth make her
acknowledgment of the same willingly and freely, and without
being induced thereto by fear 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,) certify her examination
and acknowledgment thereupon, and that such certificate
be likewise enrolled upon record; in which case, and by such
acknowledgments and certificates, feme-coverts shall be barred,
and not otherwise, and shall also be barred of their dower
by such like acknowledgment, where they have only a
right of dower in the estate conveyed, although not named in
the deed thereof, any thing herein contained to the contrary
notwithstanding.
By 1752, ch. 8, the acknowledgment and examination of any feme-covert
who resides out of the province, taken before the mayor of any
corporation in Great-Britain or Ireland, or before one justice of the supreme
court of any province or colony within his majesty's dominions, and
certified by endorsement upon such deed, under the hand of such magistrate,
and seal of the corporation or colony respectively, shall be good in
law to bar such feme-covert of her right of inheritance or dower, as the
case may be.
XII. PROVIDED ALWAYS, AND BE IT FURTHER
ENACTED, by the authority aforesaid, by and with the advice and
consent aforesaid, That where any acknowledgement or
acknowledgments of any deed or deeds, conveyance or conveyances,
by them that right had to grant, bargain and sell any
manors, lands, tenements or hereditaments within this
province, have been made during the continuance of any the former
recited acts of assembly before one justice of the provincial
court, or before one or two of the council, and enrolled
according to the direction of the former acts, shall be
good and effectual in the law, to all intents, constructions
and purposes whatsoever, any thing in this act contained to
the contrary thereof in any wise notwithstanding.
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