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96 LAWS OF MARYLAND.—1715.
or free-hold, or any estate for above seven years, shall be made or take effect in any person or persons, or any use thereof to be made, by reason of any bargain and sale only, except the deed or conveyance by which the same shall be intended to pass, alter or change the same, be made by-writing indented and sealed, and the same to be acknowledged in the provincial court, or before one justice thereof, or in the county court, or before two justices of the same, where such manors, lands, tenements or hereditaments do lie, and enrolled within six months after the date of such writing indented as aforesaid; and for 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 enrol 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 1794, ch. 57, indenting is declared not necessary to the validity of deeds thereafter to be made. By 1725, ch. 8, probats of deeds. &c. either in the mayor's court, or before two magistrates of the city of Annapolis, and 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. By November, 1779, ch. 10, they are to tie calendar months. 1801, ch. 74, sec. 5, authorizes deeds to be acknowledged before any chief judge of a district, for lands within his district, or before any associate judge, for lands within his county. This provision was adopted at a period when the courts of common law were organized, with a chief judge for a judicial district, and two associate judges for each county of the judicial district. By 1805, ch. 65, sec. 13, each of the judges of the court of appeals, (as now organized,) have, out of court, all the powers that might or could be exercised, by any judge of the late general court, or court of appeals. By 1807, ch. 52, sec. 3, any two justices of the peace, within their own county, have like authority to take acknowledgment of deeds, as the judges of the county court have. By 1807, ch. 154, sec. 1, where the grantor lives out of the state, a deed may be acknowledged before commissioners, or by letter of attorney in the county court, or before two justices of the peace of the county where the land lies, or in the manner heretofore prescribed by law—or before a judge of the judicial district where the land lies. By 1807, ch. 154, feme coverts, being out of the state, may make her acknowledgment, or release her dower, before commissioners; or before a justice of the supreme or circuit court of the United States; or before the governor, or chief magistrate; or before the mayor of a corporation; or |
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
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