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WILLIAM SMALLWOOD, Esq; Governor.
enrollment, to the clerk of the county where the land or estate conveyed
by such deed or deeds may lie, who shall enrol such deed or deeds,
together with such certificate, in the records of his county; and in like
manner any such deed or deeds already enrolled, or which may hereafter
be enrolled, in the records of the county where the lands or estate thereby
conveyed lie, may, upon application of the party or parties claiming by
or under any such deed or deeds, be transmitted, with a certificate of
such
enrollment annexed to the same, signed by the clerk of such county
court,
and under the seal thereof, to the clerk of the general court, who is
hereby authorised and required to enrol such deed or deeds, together with
such certificate, in the records of the general court. |
1785.
CHAP.
IX. |
VII. And be
it enacted, That after any deed shall be enrolled in the
records of any county court, the clerk of such court before he shall
deliver
to the bargainee or grantee the original deed out of his office, shall
in
a record book, (to be provided and kept for that purpose only) carefully,
and with accuracy, enter the substance of such deed, that is to say, the
date
of the deed, the christian-names and sir-names of the parties, with
their
additions (if any,) the name of the land or estate in such deed mentioned
to be conveyed, and the number of acres of land, if expressed, and
the place
where the same may lie, and the consideration for making the deed, and
the state expressed in the premises, and the habendum of such deed in
the very expressions thereof; and the said clerk shall note and certify
in
the sid record book, immediately after and following such entry, the
day such deed was enrolled, and shall sign his name thereto, and shall
be
entitled to receive for his trouble from the bargainee or grantee, two
shillings current money; and the said clerk shall annually, some time in
the month of May, transmit a copy of such record-entry to the clerk of
the general court, who shall enter the same in a record book, (to be provided
and kept for that purpose only) and the transcript shall be safely
kept among the papers of the general court office; and the clerk of the
count for such transcript shall be entitled to receive one shilling current
money for such deed mentioned in such transcript, to be paid by the party
claiming under such deed; and the clerk of the general court, for his
trouble shall be entitled to receive one shilling like money for each deed
in such transcript mentioned, to be paid as aforesaid; and in case any
original
deed, and the record of the same at length, shall be lost or destroyed,
then the said record-entries, or copies of the same properly attested,
shall
be admitted in evidence in all courts of this state, and although the original
deed or record thereof at length may not be lost or destroyed, yet
the judges of the general court may, in their discretion, admit the
record-entries
as aforesaid to be made by the clerk of the general court, or attested
copies of the same, to be given in evidence in all cases in the said
court where the judges shall be of opinion, from the circumstances of the
case and the nature of the dispute, that it is not necessary to have the
deed at length; provided that no such record-entry, or copy of the same,
shall be admitted in evidence, if the party against whom the same is intended
to be used shall give the other party notice a term before the trial
of the cause to produce the original deed, or a full copy of the same from
the record. |
Clerk shall enter
the substance
of deeds
on record, &c. |
CHAP. X.
An ACT to extend the time limited for bringing in and
settling claims against this state by the citizens thereof,
and for limiting the time for bringing in and settling
claims
against the said state by citizens of the United States. |
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WHEREAS by an act, entitled, An act to limit the
time for
bringing and settling claims against this state, it was enacted,
That all claims upon this state by any citizen thereof, which |
Preamble. |
D
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