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Bacon's Laws of Maryland
Volume 75, Page 87   View pdf image (33K)
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1692.
WILLIAM and MARY.
CHAP.
 XXX.
















How to be
acknowledged
by a Grantor,
out of
the Province.
























Conveyances
to take Effect
from the Day
of Enrolment.

















Femme Covert,
how to be
examined on 
Acknowledgment.
Eight Pence only:  And if the same do exceed half a Side of a Leaf as aforesaid,
then the Sum of Sixteen Pence for every Side of a Leaf as aforesaid,
which the Enrolment shall take up.  And that the Clerk of the said Court
shall well and sufficiently enroll 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 same 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 shall be enrolled, and shall unto such Endorsement
set his Hand.
 

    III.  Provided always, and it is hereby Enacted, by the Authority aforesaid,
by and with the Advice and Consent aforesaid, That where the Grantor or Grantors,
Bargainor or Bargainors of any such Manors, Lands, Tenements or
Hereditaments, shall happen to be out of this Province, and within any of
their Majesty's Dominions, at the Time of the ensealing of 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 the Acknowledgment of such
Writing or Writings, before the chief Governor or Governors of any their
said Majesty's Plantations, or before the Mayor or chief Magistrate of any
City or Town Corporate within their said majesty's Dominions, and a Certificate
thereof under the Hand and Seal of such Governor or Governors,
or under the Common Seal of such City or Town Corporate, annexed or
affixed unto such Writing indented, together with such Certificate in the Provincial
Court before mentioned, within two Years next after the Date of the 
said Writings indented, shall be a sufficient Acknowledgment and Enrolment
in the Law, to all Intents and Purposes, as effectual and available for the
Passing and Conveying the Manors, Lands, Tenements and Hereditaments
thereby intended to be passed and conveyed, as if the same had been acknowledged
in this Province, and enrolled according to the Intention and Direction
of this Act; any Thing herein before contained to the contrary hereof
notwithstanding.

    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 passed, or
intended to be passed and conveyed, only 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 most favourably and beneficially for the Benefit and 
Advantage of the Grantee and Grantees, and more strongly for the barring of
the Grantor and 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 easily
be had in the Drawing, Penning and Writing of Instruments of the like
Nature.

    V.  Provided always, That 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 of the same to the Person
or Persons taking such her Acknowledgment, willingly and freely, and without



 
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Bacon's Laws of Maryland
Volume 75, Page 87   View pdf image (33K)
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