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APPENDIX.
CHAP. XXX.
An act for the Enrolment of Conveyances, and Securing the Estates
of Purchasers. Lib. LL. fol. 83. and Lib.
WH. and L. fol. 59.
N. B. This act is approved by the
act of 1715, ch. 47, and all Conveyances made
under it, are thereby confirmed, § 5. |
1692.
Passed 9th June
1692. |
FOR the better establishing of a way and method
of conveying of
manors, lands, tenements and hereditaments, within this province,
for the future, and for the avoiding of all abuses and deceits in incumbering
estates by mortgages and otherwise, by the owners of
lands and hereditaments, to the prejudice of purchasers for valuable
considerations, and such as lend their moneys upon real security, |
Preamble. |
2. BE IT ENACTED, by the King and Queen's
Most Excellent Majesties,
by and with the Advice and Consent of this present General
Assembly, and by the authority of the same, That from and after publication
hereof, no manors, lands, tenements or hereditaments whatsoever,
within this province, or any the lands, islands, territories,
or places thereunto belonging, shall pass, alter or change, from one
to another, whereby the estate of inheritance or free-hold, or any
estate for years, other than such upon which the improved yearly
rents, reserved to be paid, shall be made to take effect in any person
or persons, or any use or trust thereof, except the deed or deeds,
conveyance or conveyances, by which the same shall be intended to
pass, alter or change, be made by writing indented and sealed, and
that the same be acknowledged in the provincial court of this province,
or before two of the council of this province, or in the court
of the same county, or before two of the justices of the peace of
the same county, where the same manors, lands, tenements and hereditaments
do lie; and be enrolled, or the substance of the same,
that is to say, the certain dates, names, sirnames and additions
of
the parties thereunto; with the certain considerations for which the
same were made, and the certainty of the premises, and of the estate
or estates, thereby intended to pass, be enrolled in the provincial
court of this province, or in the county court where the land doth
lie: the same enrolment to be made within twelve months after the
date of the said writing indented: for the caption of which said
enrolment,
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 of 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 for every side of a leaf as aforesaid,
which the enrolment shall take up. And that the clerk of the
said court shall well and sufficiently enrill the same, with a note of
the day wherein the same shall be enrolled, in a good and sufficient book
in folio, to remain in the custody of the clerk of the same court for
thetime being, amongst the records of the same 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 shall be enrolled, and shall unto such
endorsement set his hand. |
Conveyances under
this act, how
to be made, acknowledged,
and
enrolled. |
VOL. IV.
24
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