| 1692.
How to be acknowledged
by a
grantor, out of the
province. |
APPENDIX.
3. PROVIDED ALWAYS, AND IT IS HEREBY ENACTED,
by the
authority aforesaid, by and with the advice and consent aforesaid,
That where the grantor or grantors, bargainor or bargainors of
any such manors, lands, tenements or hereditaments, shall happen
to be out of this province, and within any of their majesties' dominions,
at the time of the ensealing of such writing or writings indented,
so as 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 their said majesties' plantations, or before the mayor or
chief magistrate of any city or town corporate within their said
majesties' dominions, and a certificate under the hand and
seal of such governor or governors, or under the common seal of
such city or town corporate, annexed or affixed unto such writing
indented, together with such certificate in the provincial court before
mentioned, within two years next after the date of the said
writings indented, shall be a sufficient acknowledgment and enrolment
in the law, to all intents and purposes, as effectual and
available for the passing and conveying the manors, lands, tenements
and hereditaments thereby intended to be passed and conveyed,
as if the same had been acknowledged in this province, and
enrolled according to the intention and direction of this act; any thing
herein before contained to the contrary hereof notwithstanding. |
Conveyances to
take effect from
the day of enrollment. |
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 passed, or 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 favourable and beneficially for the benefit and
advantage of the grantee and grantees, and more strongly for the
barring of the grantor and grantors therein to be named, and according
to such intent, as by the words thereof shall appear to have
been the true intendment of the parties thereunto, albeit the same
shall not happen to be drawn and penned in such strict formal
manner as is in England, and other countries, where the advice
of council learned in the laws of the country may easily be had in
the drawing, penning and writing of instruments of the like nature. |
Femme Covert,
how to be examined
in acknowledgment. |
5. PROVIDED ALWAYS, That any married woman,
or femme covert,
shall happen to be named a party-grantor in any such writing
indented, the same shall not be of force to debar her or her
heirs; except, upon her acknowledgment of the same, the person
or persons taking such her acknowledgment, shall examiner her privately
and secretly, out of the hearing of her husband, whether
she do make such acknowledgment of the same to the person or
persons taking such her acknowledgment, willingly and freely,
and without being induced thereunto, by any fear or threats of, or
used by, her husband, or through fear of his displeasure; and that,
upon examination, she shall own the said acknowledgment to be
free and voluntary. And the person or persons so examining her
shall, in the note or certificate of the caption of the said acknowledgment, |
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