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 |