Majesty, by and with the Advice and Consent of his majesty's Governor,
Council,
and Assembly of this Province, and the Authority of the same, That
all Sales,
Gifts and Grants at any Time before the Thirteenth Day of April,
One
Thousand Six Hundred Seventy-four, (and not after) of any Lands, Tenements,
or Hereditaments, within this Province, by any Person or Persons
whatsoever that had Right to sell, give, or grant such Lands, Tenements
or
Hereditaments, made by Writing only, with or without Seal, shall for
ever
hereafter be accounted good and available in Law, to bar the Heirs
of such
Vendors, Donors or Grantors; any Error in the Form only, of such Writing,
to the contrary notwithstanding.
II. And forasmuch
as
divers Assignments of Patents, written on the Backside
of such Patent for Land, are now worn out, and also other Sales in
Paper
wither worn out or quite lost, for which the Purchase Money hath been
bonâ fide paid; Be it further
Enacted, by the Authority, Advice and Consent
aforesaid, That all Sales, Gifts or Grants, at any Time before
the said Thirteenth
Day of April, One Thousand Six Hundred Seventy-four, made by
Persons
that Right had as aforesaid, if either the Sale, Gift, Grant or Payment,
bonâ fide, can be proved by Witnesses, such Sale, Gift
or Grant, shall for ever
hereafter be accounted good and available in Law, to bar the Heirs
of such
Vendors, Donors or Grantors, or any person claiming Dower from such
Vendor, Donor or Grantor; and Law, Usage or Custom to the contrary
notwithstanding.
III. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That all Sales and Grants of any Lands, Tenements and Hereditaments,
made by Deed indented and enrolled since the said Thirteenth Day of
April,
One Thousand Six Hundred and Seventy-four, or that hereafter shall
be so made
and enrolled, shall be good and available in Law, without Livery of
Seizin.
IV. And whereas,
in the Year of our Lord One Thousand Six Hundred
Seventy-four, and in the Forty-second Year of the Dominion of the Right
Honourable Cæcilius, Lord Baron of Baltimore, a
very good law was made,
whereby it was Enacted by his said Lordship, by and with the Advice
and
Consent of the Upper and Lower Houses of the then General Assembly,
That
no Manors, Lordships, Tenements and Hereditaments whatsoever,
within this Province, should alter, pass or change from one to another,
(as
by the said Act, Relation being thereunto had, more at large doth appear)
except the same were acknowledged and enrolled, as in the said Law
is directed:
Be it therefore hereby Declared and Enacted,
by
the Authority, Advice
and Consent aforesaid, That whatsoever Deed or Deeds, Conveyance
or Conveyances,
during the continuance of the said Law, were enrolled by virtue of
the said Law, within the Time therein limited, are and shall be taken
and adjudged
to be effectual in Law, according to the Purport, Intent and Meaning
of such Deed or Deeds, Conveyance or Conveyances, enrolled. And
if any
Deed or Deeds, Conveyance or Conveyances, made during the continuance
of that Act, were sealed and delivered, but not enrolled according
to the Intent
of the said Law; It is hereby Enacted
and Declared, That nothing has
passed by such Deed or Deeds, Conveyance or Conveyances, not enrolled
as
aforesaid, the Repeal of the said Law notwithstanding.
V. And whereas,
at
an Assembly held at the City of St. Mary's on the
Tenth Day of may, Anno Domini One Thousand Six hundred Ninety-two,
in the Fourth Year of the Reign of our late Sovereign Lord and Lady,
King
William and Queen Mary, of blessed Memory, An Act
for Enrolment of Conveyances,
and securing the Estates of Purchasers, was then made, whereby
it
was Enacted, That 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, &c. shall take
Effect, &c. |
CHAP.
XLVII.
All Sales, &c.
at any Time
before the
13th April
1674, made
by Writing,
with or without
Seal, shall
be good in
Law:
And also all
Sales, &c.
made before
that Time,
the Writings
of which are
lost, &c.
where either
the Sale, &c.
or Payment
can be proved
by Witnesses.
Sales of
Land, &c.
made by Deed
enrolled, are
good without
Livery or
Seizin.
The Act of
1674, ch. 2,
approved.
Conveyances
made and enrolled
under
that Act confirmed.
But declared
void, if not
enrolled.
The Act of
1692, ch. 30,
recited.
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