Conveyances
to be
made by
Writing Indented,
Sealed, and
Acknowledged.
How to be
acknowledged
in a
different
County.
How by Letter
of Attorney. |
FOR the better establishing a Way and Method for Conveying of Manors,
Lands, Tenements and Hereditaments for the future, and for
the avoiding Abuses and Deceits by Mortgages;
II. Be it Enacted
by
the King's most excellent Majesty, by and with the Advice
and Consent of this present General Assembly, and the Authority
of the same, That
from and after the Publication hereof, no Manors, Lands, Tenements
or Hereditaments
whatsoever, within this Province, shall pass, alter or change from
one to another, whereby the Estate of Inheritance or Free-hold, or
any Estate
for above seven Years, shall be made to take Effect, in any Person
or
Persons, or any Use or Trust, except the Deed or Conveyance by which
the
same shall be intended to pass, alter or change the same, be made by
Writing
Indented and Sealed, and the same to be Acknowledged in the Provincial
Court, or before two Justices thereof, or in the County Court, or before
two
Justices of the Peace of the same, where such Manors, Lands, Tenements
or
Hereditaments do lie; and such Deed or Conveyance to be enrolled in
the
Provincial, or County Court where the same doth lie: Such Enrolment
to
be made within Twelve Months after the Date of such Writing Indented
as
aforesaid. And for the Caption of such Enrolment, there shall
be paid to
the parties taking the same Twelve Pence Sterling, and no more.
And the
Clerks shall well and sufficiently enrol such Deed or Conveyance, 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 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 unto such
Endorsement
set his Hand.
III. Provided
always, and be it hereby Enacted, by the Authority aforesaid,
That when the Grantor or Grantors, Bargainor or Bargainors of such
Lands,
Tenements or Hereditaments, shall live remote from either the Provincial
Court, or the County Court where the Land lieth, it shall and may be
lawful
for such Grantor or Bargainor, to acknowledge the same in the County
where such Bargainor liveth; and a Certificate of such Acknowledgment,
under
the Hand of the County Clerk, and under the Seal of the same County,
such
Acknowledgment 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 enroll the same.
IV. And if
any such Grantor or Bargainor of any such lands or Tenements
as aforesaid, shall happen to be out of this Province, and within any
his Majesty's Dominions, at the Time of Ensealing such Writing or Writings
Indented, so as the same cannot be acknowledged in Manner and Form
as is
before directed, or enrolled within the Time for that Purpose herein
before
limited; That in every such Case, such Lands or Tenements as aforesaid,
shall be acknowledged by Letter of Attorney, well and sufficiently
proved,
either in the Provincial or County Court where such Lands or Tenements
lie, or before two Justices of the Provincial or County Court as aforesaid,
for
Acknowledgement, and be enrolled as aforesaid; any Thing herein before
contained
to the contrary hereof notwithstanding. |