| 1674. |
42 CÆCILIUS Lord BALTIMORE
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CHAP.
II.
|
exceed half a Side of a Leaf as aforesaid, then the Sum of Sixteen
Pence;
and so after the Rate of Sixteen Pence of every Side of a Leaf which
the
Enrolment shall take up. And that the said Clerk of the said
Court, shall
well and sufficiently enrol the same, with a Note of the Day wherein
the same
shall be enrolled, 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 said Court; to the Intent that every Party that hath to do therewith,
may resort unto and see the Enrolment., And that the same Clerk
shall, on
the Back of every such Deed, in a full legible Text-hand, make an Endorsement
of the Day and Year of such Enrolment, and also of the Folio of the
Book in which the same is enrolled, and shall unto such Endorsement
set his
Hand. |
Deeds perfected
out of
the Province,
in any Part of
the British
Dominions,
how to be
acknowledged.
|
III. Provided always, and it is
hereby Enacted, by the Authority
aforesaid,
and by the Advice and Consent
aforesaid, That where the Grantor or Grantors,
Bargainor or Bargainors, of any
such Manors, Lordships, Lands, Tenements
or Hereditaments, shall happen to
be out of this Province, and within any
of the Dominions of his Majesty
the King of England, at the Time of the
ensealing of such Writing or Writings
indented, so that 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,
the Acknowledgment of such Writing
or Writings, before the chief Governor
or Governors, of any of his said
Majesty's Plantations, or before the Mayor,
or chief Magistrate of any City,
or Town-corporate, within his said Majesty's
Dominions, and a Certificate thereof
under the Hand and Seal of such
chief Governor or Governors, or
under the Common Seal of such City, or
Town-corporate, annexed and affixed
unto such Writing indented, the Enrolment
of such Writing, together with such
Certificate, in the Provincial
Court before mentioned, within two
Years next after the Date of the said
Writing indented, shall be a sufficient
Acknowledgment and Enrolment in
the Law, to all Intents and Purposes,
and as effectual and available for the
Passing and Conveying of the Manors,
Lordships, Tenements and
Hereditaments thereby intended to
be passed or conveyed, as if the same had
been acknowledged in this Province,
and enrolled according to the Intent and
Directions of this Act; any Thing
herein before contained to the contrary
hereof notwithstanding. |
Property to
pass from the
Date of the
Enrolment,
and not from
the Date of
the Deed.
|
IV. And be it
further Enacted, by the Authority
aforesaid, by and with the
Advice and Consent 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 intended to be
passed and conveyed, only from the
Day of the Date thereof: And shall, at all Times be construed
and taken most favourably and beneficially
for the Benefit and Advantage of
the Grantee and Grantees, and more
strongly for the Barring of the Grantor
or Grantors therein to be named;
and according to such Intent as by the
Words thereof, shall appear to have
been the true intendment of the Parties
thereunto, albeit the same shall
not happen to be drawn and penned in such
strict formal Manner as is used
in England, and other Countries, where the
Advice of Council, learned in the
Laws of the Country, may be easily had,
in the drawing and penning of Instruments
of the like Nature. |
Femme Covert
to be examined
apart from
her Husband,
before taking
her Acknowledgment. |
V. Provided always, That
where any married Woman, or Femme Covert
shall happen to be named a Party,
Grantor in any such Writing indented, the
same shall not be of Force to debar
her, or her Heirs, except (upon her Acknowledgment
of the same) the Person or Persons
taking such her Acknowledgment,
shall examine her privately and
secretly, out of the Hearing of her
Husband, " Whether she do make such
Acknowledgment willingly and freely,
" and without being induced thereunto,
by any Force or Threats used by her |
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