40 LAWS OF MARYLAND.—1715.
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the same had been acknowledged either in the provincial or
county court where such land lieth, and be a sufficient warrant
for such county clerk where the land lieth, to enrol the same;
and if any such grantor or bargainer of any lands or tenements
as aforesaid, shall happen to be out of this province, within any
of his majesty's dominions, at the time of the ensealing such
writing or writings indented, so as the same cannot be acknow-
ledged, as is before directed, or enrolled within the time for that
purpose herein before limited, that in every such case such
lands or tenements as aforesaid shall be acknowledged by a
letter of attorney, well and sufficiently proved, either in the
provincial or county court where such lands or tenements lie,
or before one justice of the provincial court, or two justices of
the county court as aforesaid, and be enrolled as aforesaid, any
thing herein before contained to the contrary thereof notwith-
standing.
See 1807, ch. 55, 154, and 1813, ch. 104.
The act of November, 1766, ch. 14, (reciting that this act extends to
conveyances by bargain and sale only,) prescribes a mode (substantially the
same) for the acknowledgment, &c. of every conveyance by which 'any
estate of inheritance or freehold, or any declaration or limitation of use, or
any estate for above seven years,' shall pass or lake effect. |
Deeds, &c.
when to
take effect,
&c. |
SEC. 10. And be it further enacted, by the authority afore-
said, 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, by and
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 more favourably and beneficially for the benefit and
advantage of the grantee or grantees, and more strongly for the
barring the grantors therein to be named, and according to
such intents, as by the words thereof shall appear to have been
the true intent of the parties thereunto, although the same be
not so firmly drawn as is used in England, where the advice of
counsel learned in the law may be easily had.
By November, 1766, ch. 14, sec. 5, such writings, deeds, &c. thereafter
to be made, shall have relation as to conveying the premises, &c. to the
day of the date.
See 1825, ch. 203, by which deeds for the same land, are to hare prefe-
rence according to their priority of enrolment, provided the deed claiming
such preference shall be made bona fide. |
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Proviso. |
SEC. 11. Provided always, That if any feme covert be named
as a grantor in any such writing indented, the same shall not
be in force to debar her or her heirs, except upon her acknow-
ledgment of the same, and the person or persons taking such
her acknowledgment, shall examine her privately, out of the
hearing of her husband, 'whether she doth make her acknow- |
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