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APPENDIX.
within this act, the Provincial Court shall not give judgment therein,
but it shall be put to the assembly to be determined by an act,
and to be made a precedent for the future.
N. B. This act fell under the general
repeal of 17904, ch. 77; but by ch. 98, of
that year, was revived and continued till the end of the next session.
It was in
like manner revived by 1705, ch. 10; and 1706, ch. 1; and totally expired
on the
15th April 1707. |
1699. |
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CHAP. XLII.
An act for Enrolment of Conveyances, and securing the Estate
of Purchasers. Lib. LL. No. 2, fol. 313.
N. B. All conveyances made and enrolled
under this act, are confirmed by
the act of 1715, ch. 47, s. 6. |
Passed 22d of July
1699. |
FOR the better establishing a way and method for
conveying of
manors, lands, tenements and hereditaments for the future, and for
the avoiding abuses and deceits by mortgages; |
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1. BE IT ENACTED, by the King's most excellent
Majesty, by and
with the advice and consent of this present general assembly, and the
authority of the same, That from and after the publication hereof,
no manors, lands, tenements or hereditaments whatsoever, within
this province, shall pass, alter or change from one to another,
whereby the estate of inheritance or free-hold, or any estate for
above seven years, shall be made to take effect, in any person or
persons, or any use of trust, except the deed or conveyance by
which the same shall be intended to pass, alter or change the same,
be made by writing indented and sealed, and the same to be acknowledged
in the provincial court, or before two justices thereof,
or in the county court, or before two justices of the peace of the
same, where such manors, lands, tenements or hereditaments do
lie; and such deed or conveyance to be enrolled in the provincial,
or county court where the same doth lie; such enrolment to be
made within twelve months after the date of such writing indented
as aforesaid. And for the caption of such enrolment, there shall
be paid to the parties taking the same twelve pence sterling, and
no more. And the clerks shall well and sufficiently enrol such
deed or conveyance, 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 same court; and that the same clerk
shall, on the back of every such deed, in a full legible hand, make
an endorsement 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 to be
made by writing
indented, sealed,
and acknowledged. |
2. PROVIDED ALWAYS, AND BE IT HEREBY ENACTED
by the authority
aforesaid, That when the grantor or grantors, bargainor or
bargainors of such lands, tenements or hereditaments, shall live
remote from either the provincial court, or the county court where
the land lieth, it shall and may be lawful for such grantor or bargainor
liveth; and a certificate of such acknowledgment, under the
hand of the county clerk, and under the seal of the same county,
such acknowledgment shall be taken, deemed, reputed, and be as
good and valid, as if the same had been acknowledged either in
the provincial, or county court where such land lieth, and be a sufficient |
How to be acknowledged
in a
different county. |
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