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APPENDIX.
6. AND whereas, at a session of assembly, begun
and held at the
port of Annapolis, the seven ant twentieth day of June, and ended
the two and twentieth day of July, in the eleventh year of the
reign of our late sovereign lord, king William the third, annoq.
domini one thousand six hundred and ninety nine, an act* for
enrolling conveyances, and securing the estates of purchasers, was
made, whereby for the better establishing a way and method of
conveying of manors, lands, tenements and hereditaments, and for
the avoiding the abuses and deceits by mortgages, it was enacted
by the king's most excellent majesty, by and with the advice and
consent of the same assembly, and the authority of the same, that
no manors, lands, tenements or hereditaments whatsoever, within
this province, should pass, alter or change, from one to another,
whereby the estate of inheritance or freehold, or any estate for
above seven years, should be made to take effect, &c. as by the
said act, (relation being thereunto had) more at large doth appear,
except the deed or deeds, conveyance or conveyances, by which
the same should be intended to pass, &c. were acknowledged and
enrolled as the law directs, BE IT HEREBY ENACTED AND DECLARED,
That whatsoever deed or deeds, conveyance or conveyances,
made during the continuance of the said law, were enrolled by
virtue of the said law within the time therein limited, are and
shall be taken and adjudged to be effectual in law, according to
the purport, intent and meaning, of such deed or deeds, conveyance
or conveyances, enrolled; and if any deed or deeds, conveyance
or conveyances, made during the continuance of that act,
were sealed and delivered, but not enrolled, according to the intent
of the said law, it is hereby enacted and declared, that nothing
hath passed by such deed or deeds, conveyance or conveyances, not
enrolled as aforesaid, the repeal of the said act notwithstanding. |
1704.
* 1699, ch. 42.
Deeds within the
act of 1699 if enrolled,
&c. confirmed; but of not
enrolled to be void. |
7. AND for the better ascertaining a way and
method of conveying
of manors, lands, tenements and hereditaments, for the future, and
for the avoiding the abuses and deceits by mortgages; BE IT ENACTED,
by the Queen's most excellent majesty, by and with the advice
and consent aforesaid, 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 or 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 one justice thereof,
or in the county court, or before two justices of the same, where
such manors, lands, tenements or hereditaments, do lie, and enrolled
within six months after the date of such writing indented as
aforesaid; and for the caption of such acknowledgment, there shall
be paid to the party or parties taking the same, one shilling, and
no more; and the clerk shall well and truly enroll 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, among 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 |
Deeds of bargain
and sale, and leases
for above seven
years, how to be
acknowledged and
enrolled. |
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