| 1704. |
APPENDIX.
which the same shall be enrolled, and shall to such endorsement
set his hand. |
If grantor, &c.
lives out of the
county, &c. or is
nonresident of the
province, how the
deed is to be acknowledged
and
certified. |
8. PROVIDED ALWAYS, AND BE IT FURTHER 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
county court, where the land lieth, it shall and may be lawful
for such grantor or bargainor to acknowledge the same in the
county where such bargainors liveth, and a certificate of such acknowledgment,
under the hand of the county clerk, and under the
seal of the same county, of 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 warrant for such county clerk, where
the land lieth, to enroll the same; and if any such grantor or bargainor
of any lands or tenements as aforesaid, shall happen to be
out of this province within any of her majesty's dominion, at the
time of the ensealing such writing or writings indented, so as
the same cannot be acknowledged as is before directed, or enrolled
within the time for that purpose herein before limited, that in every
such case such lands or 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 one justice of the provincial court, or two justices of the
county court as aforesaid, and be enrolled as aforesaid, any thing
herein before contained to the contrary thereof notwithstanding. |
Deeds, &c. to take
effect from the
day of enrolment,
and to be construed
favourably for
the grantee.
How femes covert
grantors are to be
examined, &c. |
9. 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 the 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 council learned in the law may be easily had; provided always,
that if any feme covert be named a party grantor in any such writing
indented, the same shall not be in force to debar her, or her
heirs, except upon her acknowledgment of the same, and the person
or persons taking such acknowledgment shall examine her privately,
out of the hearing of her husband, whether she doth 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, and by such acknowledgments and certificates
femes covert shall be barred, and not otherwise, any thing herein
contained to the contrary notwithstanding. |
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