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ROBERT WRIGHT, ESQUIRE, GOVERNOR.
the governor or chief magistrate, the mayor of some corporation,
court of justice, or any judge thereof, of the state or county where
such deed or conveyance may be acknowledged; and such justice
of the supreme or circuit court of the United States, governor,
chief magistrate, mayor, court, or judge thereof, shall examine such
feme-covert out of the hearing and presence of her husband, whether
she doth make such acknowledgment voluntary; and the justice
of the supreme or circuit court of the United States, or governor
or chief magistrate, mayor, court, or judge thereof, as aforesaid,
so taking such examination and acknowledgment as aforesaid, shall
certify the said examination and acknowledgment by an endorsement
upon, or annexed to, such deed or conveyance, under the hand
of such justice and seal of the court when taken before a justice
of the supreme or circuit court of the United States, or under the
hand of the governor or chief magistrate, and the seal of the state
or country, when taken before a governor or chief magistrate, or
under the hand of the mayor, and the seal of the corporation,
when taken before a mayor, or the seal of the court, when taken
before a court, or if the same shall be taken before a judge of a
court as aforesaid, then the same shall be under the hand of such
judge and the seal of the court of which he is judge; and a certificate
of such private examination and acknowledgment, so as aforesaid
to be taken and made, shall be adjudged and deemed good and
available in law, to all intents, constructions and purposes whatsoever,
to bar such feme-covert of her right of inheritance or dower,
as the case may be, to said lands, tenements and hereditaments,
according to the purport of such deed or acknowledgment, as fully
and effectually as if, at the time of executing and acknowledging
such deed or conveyance, she had been or was residing within this
state, and had here made such acknowledgment agreeably to the
directions of the several acts of assembly in force upon this subject
previous to the passing of this act, and no further or otherwise, any
law, usage or custom, to the contrary in anywise notwithstanding. |
1807.
CHAP. 154. |
5. AND BE IT ENACTED, That if any feme-covert,
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, or shall be about to relinquish her right of
dower of, in or to, any lands, tenements or hereditaments as aforesaid,
which by law is necessary to be acknowledged and recorded,
instead of being examined in the manner herein before directed, it
shall and may be lawful for the clerk of the county court where the
lands, tenements or hereditaments 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 such feme-covert
so intended to be examined, together with that of her husband,
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 country where such feme-covert may reside or be, authorising
such commissioners, or any two of them, to take the private examination
and acknowledgment of such feme-covert in the manner herein |
A nonresident
feme-covert may
acknowledge a
deed under commission
to be issued,
&c. |
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