LAWS OF MARYLAND.—1766. 113
in the said deed or conveyance, shall be good and sufficient to
bar any feme covert of her right of dower; provided, that such
feme covert, in both cases be, at the time of such execution,
examination and acknowledgment, of the full age of twenty-
one years, of sound mind, and out of prison; and where any
such feme covert shall live out of this province, within any of
his majesty's dominions, such examination and acknowledg-
ment as aforesaid, taken before the mayor of some corporation
within Great Britain or Ireland, or other of his majesty's Euro-
pean islands, or before one justice of the supreme or provincial
court of any province or colony, or governor or chief officer
within any of his majesty's dominions, and certified by en-
dorsement on the deed or conveyance by such mayor or justice,
under his hand and seal of the corporation, when taken before
a mayor, or the seal of the province or colony, governor or chief
officer, when taken before such justice, governor or chief officer,
shall be as good and effectual in law for barring such feme
covert of her right of dower, or inheritance, as the case may be,
as if the same examination and acknowledgment were taken
and certified within this province, according to the directions of
the said recited act, any thing therein, or in any other act, law,
usage or custom to the contrary notwithstanding.
See 1832, ch. 302.
CHAPTER 31.
Air ACT to aid defective common recoveries. |
|
WHEREAS, many valuable lands are held by the present pos-
sessors, under common recoveries suffered by tenants in tail,
and in many instances those recoveries, although now grown
common conveyances in this province, have been so inarti-
ficially and defectively drawn, suffered and executed, that the
same are not aided by the beneficial and useful provisions of
the late statute, entitled, an act to amend the law concerning
common recoveries, and to explain and amend an act made in
the twenty-ninth year of the reign of king Charles the second,
entitled, an act for prevention of frauds and perjuries, so far as
the same relates to estates, per outer via; to remedy therefore
such defective recoveries, and secure the titles and quiet the
possessions of those who do and may hold under them ; |
Preamble. |
SEC. 2. Be it enacted, by the right honourable the Lord Pro-
prietary, by and with the advice and consent of his lordship's
Governor, and the Upper and Lower Houses of Assembly, and
the authority of the same, That all common recoveries here-
tofore suffered in the provincial court of this province, by con-
sent and agreement of the parties thereto, shall be good and
available in law to all intents and purposes whatsoever, to dock
and cut off any estate tail in any of the parties thereto, and bar
15 |
Certain
recoveries
to be good,
&c. |
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