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Session Laws, 1807
Volume 596, Page 97   View pdf image
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ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

1807.

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, bargainer or bargainers,
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 coun-
try where such bargainer, grantor, vendor or donor, may reside or be, authorising such commissi-
oners, or any two of them, to take the acknowledgment of any such bargainer, 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 ef-
fectual 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.

CHAP.

CLIV.

IV. 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 limitted, by any deed or conveyance
whatsoever, wherein any feme-covert shall be named as grantor, bargainer, vendor or donor, for
transferring her estate of inheritance in such lands, tenements or hereditaments, as aforesaid, or
declaring or limitting any use as aforesaid, or wherein 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 to ac-
knowledge such deed or conveyance before commissioners as herein after directed, or before a jus-
tice of the supreme or circuit court of the United States, or before the governor or chief magistrate,
the mayor of some corporation, court of justice, or any judge thereof, of the state or country 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 acknow-
ledgment voluntarily; and the justice of the supreme or circuit court of the United States, or go-
vernor 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 en-
dorsement upon, or annexed to, such deed or conveyance, tinder 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 exa-
mination 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 here-
ditaments, 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.

How a non-re-
sident feme-co-
vert may ac-
knowledge a
deed, &c.

V. AND BE IT ENACTED, That if any feme-covert, who may reside or be out of this state as afore-
said, shall execute, or be about to execute, any deed or conveyance for conveying or declaring, or
limitting 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 afore-
said, 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 per-
sons 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

And how to be
examined, &c.



 
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Session Laws, 1807
Volume 596, Page 97   View pdf image
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