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Session Laws, 1807
Volume 596, Page 29   View pdf image
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ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

CHAP. LL

1807..

An ACT to establish a public road in Prince-George's county, from
Landsdale's branch to intersect a road leading to the Oyster-shell
landing, on Patuxent river.

Passed 20th of
January, 1808.

WHEREAS sundry inhabitants of Prince-George's county, by their petition to this general
assembly, have represented, that there has been a private road for thirty years past leading
from the public road between Queen-Anne and Upper-Marlborough, at Landsdale's branch, down
Patuxent river, which intersects a public road near Joseph W. Clagett's, leading to the Oyster-shell
landing; on said river, and as the establishing the same as a public road would greatly promote the
convenience of the inhabitants residing near said road, and be of public utility, they have prayed
that the same may be made a public road, and kept up and repaired under the same regulations as
©ther public roads in said county, which appearing to this general assembly reasonable,, therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That the road in Prince-George's county,
leading as aforesaid from the public road at Landsdale's branch, near Queen-Anne, until it intersects
a road leading to the Oyster-shell landing, on Patuxent river, near Joseph W. Clagett's, as now open-
ed and used, be and the same is. hereby declared, deemed and taken, to be a public road for ever, and
shall hereafter be kept up and repaired as other public roads are in said county, any law to the con-
trary notwithstanding.
CHAP. LII.

Road declared
public, &c.

An ACT for quieting possessions, and securing and confirming the
estates of purchasers.

Passed 20th of
January, 1808.

WHEREAS deeds for conveying lands, and other real estates, have been executed and acknow-
ledged by femes-covert, and doubts are entertained whether they are effectual to convey the
property therein contained, because the precise form of acknowledgment had not been pursued: And
whereas doubts are also entertained whether deeds acknowledged under a power of attorney, in the
name of the attorney, and not in the name of the principal, are valid: And whereas doubts are al-
so entertained whether deeds acknowledged before two justices of the peace, who were not justices
of the county court, are valid: And whereas also deeds of bargain and sale have been executed,
without having been indented, under which deeds property has long been peaceably held; and if
such deeds ate adjudged to be void, bona fide purchasers will be greatly injured, and creditors de-
prived of the funds on which the credit was given, it having been obviously the meaning and inten-
tion of the parties to such deeds, that the property should be conveyed as expressed therein, and
0ound policy and justice dictate that all such defective deeds should be aided by law; therefore,

Preamble,

II. BE IT ENACTED, by the General Assembly of Maryland, That all deeds heretofore made for con-
veying or passing any estate of inheritance or freehold, or declaring or limitting any use or uses,
trust or trusts, or for conveying any estates for above seven years, and all acknowledgments of a re-
lease or relinquishment of a right of dower in lands, tenements or hereditaments, which have been
acknowledged by feme-coverts, in which acknowledgments the precise form. prescribed by law has not
been observed, and all deeds for conveying any estate as aforesaid, heretofore made and acknow-
ledged in virtue of a power of attorney, in which the acknowledgment is made by the attorney,
in his own name, and not in the name of his principal, and all deeds for conveying any estate as
aforesaid, heretofore made and acknowledged before two justices of the peace of any county in this
state in which the acknowledgment is made, and all deeds of bargain and sale for conveying any
estate as aforesaid, heretofore made and not indented, shall be, and the same are hereby declared to
be, of the same effect and validity, to pass the property and estate limitted and expressed therein,
as if such deeds had been, by such femes-covert, acknowledged in the precise form heretofore pre-
scribed by law, as if such deeds had been acknowledged by the attorney in the name of the principal,
as if such deeds had been acknowledged before any judge of the late general court, or before a judge
of the county court, and as if such deeds had been duly indented; provided it shall appear, by the
acknowledgment of such femes-covert, that the same was made willingly, and out of the presence and
hearing of the husband, or privately and willingly out of the hearing of the husband, or words to
that effect; and provided also, that in every other respect the aforesaid deeds have been executed,
acknowledged and recorded, agreeably to the laws heretofore made on the subject.

Certain deeds
to have effect,
&c.

III. AND BE IT ENACTED, That any two justices of the peace, within their own county, shall
have the same power and authority to take the acknowledgments of deeds for conveying property as
aforesaid, as the judges of the county courts respectively have.

Two justices
may take ac-
knowledge-
ments, &c.



 
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Session Laws, 1807
Volume 596, Page 29   View pdf image
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