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APPENDIX.
there shall be paid to the parties taking the same, twelve
pence sterling, and no more; and for which said enrolment, there
shall be paid to the clerk of the said provincial or county court, in
case the same do not exceed half a side of a leaf in folio, in the
record book, wherein the same shall be enrolled, the sum of eight
pence only; and if the same do exceed half a side of a leaf as aforesaid,
then the sum of sixteen pence; and so after the rate of sixteen
pence of every side of a leaf which the enrolment shall take up;
and that the said clerk of the said court, shall well and sufficiently
enrol 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 said 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 is
enrolled, and shall unto such endorsement set his hand. |
Deeds perfected
not of the Province,
in any part
of the British Dominion;
how to be
acknowledged. |
3. PROVIDED ALWAYS, AND IT IS HEREBY ENACTED,
by the authority
aforesaid, and by the advice and consent aforesaid, That
where the grantor or grantors, bargainor or bargainors, of any
such manors, lordships, lands, tenements or hereditaments, shall
happen to be out of this province, and within any of the dominions
of his majesty the king of England, at the time of the ensealing
of such writing or writings indented, so that 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 of his
said majesty's plantations, or before the mayor, or chief magistrate
of any city, or town corporate, within his said majesty's dominions,
and a certificate thereof under the hand and seal of such
chief governor or governors, or under the common seal of such
city, or town corporate, annexed and affixed unto such writing indented,
the enrolment of such writing, together with such certificate,
in the provincial court before mentioned, within two years
next after the date of the said writing indented, shall be a sufficient
acknowledgment and enrolment in the law, to all intents and purposes,
and as effectual and available for the passing and conveying
of the manors, lordships, lands, tenements and hereditaments
thereby intended to be passed or conveyed, as if the same had been
acknowledged in this province, and enrolled according to the intent
and directions of this act; any thing herein before contained to the
contrary hereof notwithstanding. |
Property to pass
from the Date of
the enrollment,
and not from the
date of the deed. |
4. 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 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 or grantors therein to be named, and according to such |
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