96 LAWS OF MARYLAND.—1752.
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which lay within this province, wherein such feme covert bath
the estate of inheritance, or taken only to bar her of dower,
where she resides out of this province, shall be so taken; for
remedy whereof, and to direct the method of taking the ac-
knowledgment of such feme coverts for the future, it is humbly
prayed that it may be enacted, |
Non-resi-
dent feme
coverts
may ac-
knowledge,
&c. |
SEC. 2. And be it enacted by the right honourable the Lord
Proprietor, by and with the advice and consent of his lordship's
President, and the Upper and Lower Houses of Assembly, and
the authority of the same. That from and after the end of this
session of assembly, where any lands, tenements or heredita-
ments, lying and being within this province, shall be conveyed
by any deed whatsoever, wherein any feme covert shall be named
as a bargainer or vendor, for transferring her estate of inheri-
tance in such lands, tenements or hereditaments as aforesaid,
or wherein such feme covert may have right or claim of dower,
only where any such feme covert as aforesaid shall, at the time
of her executing such deed, reside and be out of this province,
in Great Britain, Ireland, or within any province or colony
within his majesty's dominions, it shall and may be lawful for
any such feme covert to acknowledge such deed, and be exa-
mined apart from, and out of the heaving of her husband,
before the mayor of some corporation within Great Britain or
Ireland, or before one of the justices of the supreme or provin-
cial court of such province or colony within his majesty's
dominions, whether she doth make her acknowledgment of the
same willingly and freely, and without being induced thereto
by fears or threats of, or ill usage by her husband, or fear of
his displeasure; and the mayor or justice so taking such ac-
knowledgment as aforesaid, and certifying the said examination
and acknowledgment, by an endorsement upon such deed or
writing under his hand, and the seal of such corporation, where
taken before a mayor, or the seal of the province or colony
within his majesty's dominions where taken, and a certificate
of such private examination and acknowledgment, so as, afore-
said to be taken and made, shall be adjudged and deemed good
and available in law, to all intents, constructions and purposes
whatsoever, to bar such feme covert of her right of inheritance
or dower, as the case may be, to said lands, tenements and
hereditaments, according to the purport of such deed or ac-
knowledgment, as fully and effectually as if, at the lime of
executing and acknowledging such deed, she had been residing
within this province, and had here made such acknowledgment,
agreeable to the direction of the aforesaid act, and no further,
or otherwise, any law, usage or custom, to the contrary in any
wise notwithstanding. |
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