| 1807.
CHAP. 154. |
LAWS OF MARYLAND.
or under the seal of the court of justice, when taken before a court,
or under the hand of the judge, and under the seal of the court,
when taken before a judge, and which said letter of attorney, so
proved, shall be deemed, adjudged and taken, as good and sufficient
evidence of the execution thereof, to authorise the court, judge or
justices of the peace of this state as aforesaid, to take the acknowledgment
of any such deed or conveyance in virtue of such letter
of attorney. |
A commission
may issue for taking
the acknowledgment
of a deed
executed by a non-resident. |
3. AND BE IT ENACTED, That if any person or
persons who
may reside or be out of this state as aforesaid shall execute, or be
about to execute, any deed or conveyance for conveying or declaring,
or limiting any use in or for any lands, tenements or hereditaments,
lying within this state, which by law is necessary to be acknowledged
and recorded, instead of the same being acknowledged by
letter of attorney, as herein before directed, it shall and may be
lawful for the clerk of any county court, where the lands, tenements
or hereditaments do lie, on application being made to him by the
person or persons intended to be the grantee or grantees, bargainee
or bargainees, named in the said intended deed, and upon such intended
grantee or grantees, bargainee or bargainees, producing to
the said clerk the assent, in writing, of the intended grantor or
grantors, bargainor or bargainors, that such a commission shall issue,
and naming in such written assent the persons to whom the
said commission shall issue, to issue a commission to two or more
persons, residents of the state or county where such bargainor,
grantor, vendor or donor, may reside or be, authorising such commissioners,
or any two of them, to take the acknowledgment of
any such bargainor, grantor, vendor or donor, in any such deed or
conveyance mentioned; and such deed or conveyance, acknowledged
before such commissioners, or any two of them, and such acknowledgment,
certified under their hands and seals of the said
commissioners so taking the said acknowledgment, and returned
with such deed or conveyance and commission aforesaid, to the
court from whence the said commission shall issue, shall be recorded
amongst the records of the said county, and shall be as valid
and effectual in law, to all intents and purposes, as if the same had
been executed and acknowledged in this state in the manner directed
by law for the acknowledgment of a deed or conveyance within
this state. |
A non-resident
feme covert may
acknowledge a
deed before a justice,
&c. |
4. AND BE IT ENACTED, That where any lands,
tenements or
hereditaments, lying and being within this state, shall be conveyed,
or any use declared or limited, by any deed or conveyance whatsoever,
wherein any feme-covert shall be named as grantor, bargainor,
vendor or donor, for transferring her estate of inheritance
in such lands, tenements or hereditaments, as aforesaid, or declaring
or limiting any use as aforesaid, or where in such feme-covert
may have only right or claim of dower, where any such feme-covert
as aforesaid shall, at the time of her executing such deed or conveyance,
reside or be out of this state, it shall and may be lawful
for any such feme-covert (a) to acknowledge such deed or conveyance
before commissioners as herein after directed, or before a justice
of the supreme or circuit court of the United States, or before
(a) By 1816, ch. 164, the husband
of a non resident feme-covert, may acknowledge
any deed wherein she is named as grantor, before any person or persons
authorised by law to take her acknowledgment. |
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