CHAP.
XLVII.
Conveyances
made and enrolled
under
that Act confirmed,
But declared
void, if not
enrolled.
The Act of
1699, ch. 42,
recited.
Conveyances
made and enrolled
under
that Act confirmed,
But declared
void, if not
enrolled.
Method of
Conveyancing
ascertained,
Conveyances
of Lands, &c.
to be made by
Writing indented
and
sealed,
and acknowledged
either
in the Provincial
or
County
Court, or before
one Provincial,
or
two County
Magistrates
within six
Months after
the Date. |
as by the said Law (Relation being thereunto had) more at large doth
appear,
except the Deed or Deeds, Conveyance or Conveyances, by which the
same were intended to pass; alter or change from one to another, were acknowledged
and enrolled, as the said law directs; Be
it hereby Enacted and
Declared, by the Authority, Advice and Consent aforesaid, That
whatsoever
Deed or Deeds, Conveyance or Conveyances, during the Continuance of the
said last mentioned Act, were enrolled by virtue thereof, 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
o
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 Act notwithstanding.
VI. And whereas,
at a Session of ASsembly begun and held at the Port of
Annapolis, the Twenty-seventh Day of June, and ended the
Twenty-second
Day of July, in the Eleventh Year of the Reign f our late Sovereign
Lord
King William the Third, Anno Domini One Thousand Six Hundred
Ninety-nine,
An Act for enrolling of Conveyances, and securing the Estates of Purchasers,
was made, whereby, for the better establishing a Way and Method of
conveying
of Manors, Lands, Tenements, and Hereditaments, and for avoiding the
Abuses and Deceits by Mortgages, it was Enacted by the King's most excellent
Majesty, by and with the Advice and Consent of the same Assembly, and
the Authority of the same, That no Manors, Lands, Tenements or Hereditaments
whatsoever, within this Province, should pass, alter or change from one
to another, whereby the Estate of Inheritance, or Free-hold, or any Estate
for above Seven Years, should be made to take Effect, &c. as by the
said
Act, Relation being thereunto had, more at large doth appear; except the
Deed or Deeds, Conveyance or Conveyances, by which the same could be intended
to pass, &c. were acknowledged and enrolled, as the Law direct;
Be it hereby Enacted and Declared, That
whatsoever Deed or Deeds, Conveyance
or Conveyances, made 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,
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 hath passed by such Deed or Deeds, Conveyance
or Conveyances not enrolled as aforesaid, the Repeal of the said Act notwithstanding,
VII. And for
the better ascertaining a Way and method for conveying of
Manors, Lands, Tenements and Hereditaments for the future, and for the
avoiding Abuses and Deceits by Mortgages; Be
it Enacted, by the King's most
excellent Majesty, by and with the Advice and Consent aforesaid, 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 or take Effect in any Person or persons,
or any Use thereof to be made, by reason of any Bargain and Sale only,
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 one Justice
thereof, or in the County Court, or before two Justices ofd the same, where
such manors, Lands, Tenements or Hereditaments do lie, and enrolled within
Six Months after the Date of such Writing indented as aforesaid.
And for |