the taking of such Acknowledgment, there shall be paid to the party
or Parties
taking the same, One Shilling and no more: And the Clerk shall immediately,
upon the Receipt of such Deed, endorse the Time of his receiving
the same on the Back thereof, and shall well and truly enroll such Deed
or
Conveyance in a good sufficient Book in Folio, to be regularly alphabeted
in the Names of both Parties, and to remain in the Custody of the Clerk
of
the same Court, for 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.
* By 1725, ch. 8, Probates of Deeds,
&c. either in the Mayor's Court, or before two Magistrates
of the City of Annapolis, sand 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.
VIII. 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 Acknowledgment,
under
the Hand of the County Clerk, and under the Seal of the same County,
of 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. And if any
such
Grantor or Bargainor 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 limited; 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 notwithstanding.
IX. 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 Day of the
Date thereof; 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 names, 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 Council learned in the
Law may
be easily had.
X. Provided always,
That if any Femme Covert to 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 |
CHAP.
XLVII.
Fee One
Shilling.
The Clerk to
enroll the
Conveyance,
and endorse
the Enrolment
on the
Back of the
Deed, &c.
Grantors living
remote
from the Provincial,
or
County
Court, where
the Land lieth,
may acknowledge
in
the County
wherein they
reside, &c.
Being out of
the Province,
within the
King's Dominions,
at
the perfecting
of the Deed:
Acknowledgment
made by Attorney.
Deeds of Sale,
&c. to take
Effect from
the Day of
Enrolment,
and not of
their Date.
Proviso in
Favour of
Femme Coverts,
who shall be
examined,
and how, |
