| 1766. |
16 FREDERICK Lord BALTIMORE.
CHAP. XIII.
An ACT continuing an act, entitled, An act for imposing an additional
duty of
two pounds per poll
on all negroes imported into this province.
The act of 1763, ch. 28, is continued
for seven years, &c. It was afterwards continued for seven years,
&c. by the act of November 1773, ch. 14, and it expired with may session
1781. |
|
CHAP. XIV.
An additional supplementary ACT to the act, entitled, An act for
quieting possessions, enrolling conveyances, and securing
the
estates of purchasers. |
| Preamble. |
WHEREAS the act, entitled, An act for quieting possessions,
enrolling
conveyances, and securing the estates of purchasers, in ascertaining a
way and method for conveying of manors, lands, tenements and hereditaments,
extends to and regards only such conveyances as operate by way of bargain
and sale; and the good ends and purposes of the said act are now in great
measure eluded by the frequent use of conveyances by feoffments, lease
and release,
confirmation, release, limitation and declaration of uses, and other modes
of conveying.
And whereas a general registry of all deeds and conveyances of land,
would very much tend to the security of creditors and purchasers, the preservation
of titles, and thereby to the advancement of the value of real estates,
and particularly
to prevent abuses and deceits by mortgages, and the purchase of pretended
titles: |
No estate of
inheritance,
or freehold,
&c. for above
7 years, to
take effect,
unless acknowledged
in the provincial
or county
court, &c.
and recorded
in 6 months.
Magistrate's
fee.
Clerk's duty. |
II. Be it therefore
enacted, by the right honourable the lord proprietary, by
and with the advice and consent of his lordship's governor, and the upper
and lower
houses of assembly, and the authority of the same, That after the first
day of May
next, no estate of inheritance or freehold, or any declaration or limitation
of use, or
any estate for above seven years, shall pass or take effect, except the
deed or conveyance
by which the same shall be intended to pass or take effect, shall be acknowledged
in the provincial court, or before one of the justices thereof, or in the
county
court, or before two justices of the same county where the lands, tenements
or
hereditaments, conveyed by such deed or conveyance, do lie, and be also
enrolled
in the records of the same county, or the provincial court, as the case
may be,
within six months after the date of such deed or conveyance; and, for the
taking
which acknowledgment there shall be paid to the party or parties taking
the same,
the sum of one shilling, and no more; and the clerk of the provincial,
or county
courts, shall, immediately upon the receipt of such deed or conveyance,
endorse
thereon the time of his receiving the same, and shall well and truly, in
a fair, full,
and legible hand-writing, enrol such deed or conveyance in a good sufficient
book
in folio, to be regularly alphabeted in the names of all and every of the
parties to
the same, and the name of the land, and quantity of acres, which book shall
remain
in the custody of the said clerk of the said provincial, or county court;
and
the clerk aforesaid shall, on the back of every such deed or conveyance,
in a full
legible hand, make a certificate of such enrollment, and the time of making
it, and
also of the folio of the book in which the same shall be enrolled, and
shall to such
certificate set his hand. |
Provision
where the
grantors, &c.
live out of
the county
where the
lands lie.
Deeds may be
acknowledged
in the county,
and certified
to the
proper court. |
III. Provided
always, and be it enacted, That when the person or persons
making any deed or conveyance for conveying or declaring or limiting any
use in
or for any lands, tenements or hereditaments, shall live remote from the
provincial
court, or out of the county where the lands, tenements, or hereditaments
lie, it
shall and may be lawful for such person or persons, to acknowledge the
same in
the county court of the said county, or before two justices of the said
county,
wherein he, she, or they shall reside; and a certificate of such acknowledgement,
under the hand of the county clerk, and under the seal of the same county,
being
endorsed thereon, that the said acknowledgment was made in open court,
if made
in court, or if before two justices, that they were, at the time of
making the said
acknowledgment, justices of the said court, duly commissioned and sworn,
such
deed or conveyance shall be taken, deemed and reputed, and shall be as
good and
valid as if the same had been acknowledged in manner first herein mentioned;
and |
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