clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 44   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
XLIV.    APPENDIX.

day of the date thereof; (a) and shall at all times be construed and taken more favourably and beneficially for the benefit and advantage of the grantee or grantees, and more strongly for the barring the grantors therein to be named, and  according to such intents, as by the words thereof shall appear to have been the true intent of the parties thereunto, although the same be not so firmly drawn as is used in England, where the advice of counsel learned in the law may be easily had.     (a) By November, 1766, ch. 14, section 5, such writings, deeds, &c. thereafter to be made, shall have relation as to conveying the premises, &c to the day of the date.     XI.    PROVIDED ALWAYS, That if any feme-covert be named as a grantor in any such writing indented, the same shall not be in force to debar her or her heirs, except upon her acknowledgment of the same, and the person or persons taking such her acknowledgment, shall examine her privately, out of the hearing of her husband, " whether she doth make her acknowledgment of the same willingly and freely, and without being induced thereto by fear or threats of, or ill usage by, her husband, or fear of his displeasure?" And that the person or persons so examining her shall, (in a note or certificate of the taking of the said acknowledgment,) certify her examination and acknowledgment thereupon, and that such certificate be likewise enrolled upon record; in which case, and by such acknowledgments and certificates, feme-coverts shall be barred, and not otherwise, and shall also be barred of their dower by such like acknowledgment, where they have only a right of dower in the estate conveyed, although not named in the deed thereof, any thing herein contained to the contrary notwithstanding.    By 1752, ch. 8, the acknowledgment and examination of any feme-covert who resides out of the province, taken before the mayor of any corporation in Great-Britain or Ireland, or before one justice of the supreme court of any province or colony within his majesty's dominions, and certified by endorsement upon such deed, under the hand of such magistrate, and seal of the corporation or colony respectively, shall be good in law to bar such feme-covert of her right of inheritance or dower, as the case may be.     XII.     PROVIDED ALWAYS, AND BE IT FURTHER  ENACTED, by the authority aforesaid, by and with the advice and consent aforesaid, That where any acknowledgement or acknowledgments of any deed or deeds, conveyance or conveyances, by them that right had to grant, bargain and sell any manors, lands, tenements or hereditaments within this province, have been made during the continuance of any the former recited acts of assembly before one justice of the provincial court, or before one or two of the council, and enrolled according to the direction of the former acts, shall be good and effectual in the law, to all intents, constructions and purposes whatsoever, any thing in this act contained to the contrary thereof in any wise notwithstanding.



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Appendix 44   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This information resource of the Maryland State Archives is presented here for fair use in the public domain. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: Rights assessment for associated source material is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!


[ Archives' Home Page  ||  All About Maryland  ||  Maryland Manual On-Line  ||  Reference & Research
||  Search the Archives   ||  Education & Outreach  ||  Archives of Maryland Online ]

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 31, 2014
Maryland State Archives