| 1699. |
APPENDIX.
warrant for such county clerk where the land lieth, to enrol
the same. |
How by letter of
attorney. |
3. AND if any such grantor or bargainor of
any such lands or
tenements as aforesaid, shall happen to be out of this province, and
within any his Majesty's dominions, at the time of ensealing 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, such lands and tenements as aforesaid, shall be acknowledged
by letter of attorney, well and sufficiently proved, either in
the provincial, or county court where such lands or tenements lie,
or before two justices of the provincial or county court as aforesaid,
for acknowledgment, and be enrolled as aforesaid; any thing
herein before contained to the contrary hereof notwithstanding. |
To take effect
from the day of
enrolment. |
4. AND BE IT FURTHER ENACTED by the authority
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, by and 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 more favourably and
beneficially for the benefit and advantage of the grantee or grantees,
and more strongly for the barring of the grantor or grantors
therein to be named, and according to such intents as by the words
thereof, shall appear to have been the true intent of the parties
thereunto, although the same be not so firmly drawn as is used in
England, where the advice of the council learned in the law may
easily be had. |
Feme covert how
to be examined. |
5. PROVIDED ALWAYS, That if any feme covert
be named as 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. And the person or persons taking such her
acknowledgment, shall examine her privately, out of the hearing
of her husband, whether she do make her acknowledgment of the
same, willingly and freely, and without being induced thereunto by
fear, or threats of, or used by, her husband, or fear of his displeasure?
And the person or persons so examining her, shall, in a note
or certificate of the said caption of the said acknowledgment, certify
her examination and acknowledgment thereupon: And that
such certificate be likewise enrolled upon record; in which case only
such feme covert shall be barred, and not otherwise; any thin
herein before contained to the contrary notwithstanding. |
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