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lands or tenements, shall be conveyed from one to anoth- Real eser by deed, unless the same be in writing, signed, sealed to be conand delivered, by the party making the same, and ac- yeyed by knowledged before a senator, judge, justice or town-clerk, by the party or parties who shall have sealed and delivered it, and recorded, or lodged to be recorded, in the town-clerk's office where the said estates do lie.

Sec. 2. And be it further enacted, That all bargains, sales, Deed to be and other conveyances whatsoever, of any lands, tenements or hereditaments, whether they be made for passing any estate of freehold or inheritance, or for term of years exceeding the term of one year, and all deeds of trust, and mortgages whatsoever, which shall hereafter be made and executed, shall be void, unless they shall be acknowledged and recorded as abovesaid : Provided always, Proviso: That the same between the parties and their heirs shall nevertheless be valid and binding.

Sec. 3. And be it further enacted, That whenever any deed, Town. lease, covenant, bond of defeazance or other instrument whatever, touching the transfer or conveyance of any real when estate, shall be presented to any town-clerk for record, it lodged. shall be the duty of such town-clerk, immediately thereupon, to cause to be entered in writing on such deed, or other instrument, the day, and as near

as may be the hour and minute, when the same was presented for record.

Sec. 4. And be it further enacted, That if any grantor of any lands, tenements or hereditaments, shall refuse to acknow- acknowl

refusing to ledge his deed or conveyance by him signed, sealed and edge. delivered, being thereunto required by the grantee, his heirs or assigns, it shall be lawful for any judge, justice or warden, within the town where such grantor dwells, on complaint made by the grantee, his heirs or assigns, and supported by the oath of the complainant, to issue a warrant against the party refusing, and to examine him touching such refusal; and if he shall persist in such refusal, to com- May be mit him to prison without bail, until he shall acknowledge ted, unless the same, unless he shall appeal to the next court of gen- he appeals eral sessions of the peace, to be holden for the county in which such examination shall be had ; and in case of such

appeal. appeal, the appellant shall give bond with surety for his appearance there, and prosecuting his appeal with effect: and the grantee may file a copy of his deed in the town- Grantee clerk's office, pending such appeal, and the same being copy those so filed, shall be equally available to the party, during the deed in pendency of such appeal, as though the said deed was ac- ficer

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State.

knowledged and recorded as above directed; and the
same shall be accounted sufficient caution to all persons
against purchasing the estate in such deed mentioned to

be conveyed: Provided nevertheless, That when any grandying, how tor after the execution of the deed shall die, or remove out be proved. of the State, before the same shall be acknowledged, the

said deed may be proved by the oaths of one or more of
the witnesses to such deed, if any there be; but if there
be no witnesses to such deed, then the hand-writing of the
grantor may be proved by other sufficient evidence, be-
fore the supreme judicial court, or any court of common

pleas within this State; and such proof shall be equivalent How to be to the party's acknowledgment: Provided also, That if the

party who shall execute any deed for conveying any lands,
edged
when ex- tenements or hereditaments within this State, doth not re-
ecuted out side therein, that then it shall and may be lawful for any

judge, justice, mayor or notary public, in the state or coun-
try where such party shall reside, to take the acknowledg-
ment of said party to such deed, and to certify the same
under his hand and seal and the same shall be equiva-
lent to an acknowledgment, as prescribed in the first sec-
tion of this act.

Sec. 5. And be it further enacted, That whenever any defeazance bond of defeazance or other instrument shall be execucorded in ted, which shall cause any deed or other conveyance of five days. lands, tenements or hereditaments, to operate as a mort

gage, or to pass an estate redeemable, such bond or oth-
er instrument shall be recorded in the town-clerk's office
in the town where such lands, tenements and heredita-

ments shall be, or be there lodged to be recorded, withOtherwise in five days after the execution thereof; and if the perthe deed son entitled to such bond or other instrument of defeaerate as a zance, shall neglect to cause the same to be lodged or mortgage. recorded, within five days as aforesaid, the same shall not

cause the deed to which it relates to operate as a mort-
gage, against any person who shall bona fide, and without
notice of said incumbrance, purchase the real estate con-
veyed in such deed, of the person to whom the same was
made; and the person entitled to the same as aforesaid,
shall be debarred of all right of redemption against such

second purchaser, his heirs or assigns.
Right of Sec. 6. And be it further enacted, That nothing in this
dower sav. act shall be construed, deemed or extended, to bar any

widow of any grantor of any lands, tenements or other
real estate, of her dower therein, who did not legally join

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with her husband in the grant, sale or mortgage, or other. wise lawfully bar or exclude herself from her dower.

Sec. 7. And be it further enacted, That where the hus. Mode of band and wife, being of lawful age, are seized of any lands, the waters tenements or other real estate in the right of the wife, they estate. shall be authorized to convey the same by deed or other instrument in writing, signed, sealed and delivered by them respectively; but in every such case, the wife acknowledging such deed or instrument shall be examined privily and apart from her husband, and shall declare to the officer taking such acknowledgment, that the deed or instrument, shewn and explained to her by such magistrate, is her voluntary act, and that she doth not wish to retract the same; and if the wife, on such privy examination, shall refuse to make such acknowledgment, the deed or other instrument, executed by the husband and wife as aforesaid, shall not operate to convey to the grantee named in such deed or instrument, any other or greater estate in the premises described in such deed, than what belongs to the husband.

Sec. 8. And be it further enacted, That by deed of bargain Deed to and sale, by deeds of lease and release, by covenant to transfer stand seized to use, or by deeds operating by way of cov- session. enant to stand seized to use, or by any other deeds signed, sealed, delivered and acknowledged, by the party having good and lawful right and authority thereto, the possession of the bargainor, relessor, grantor or covenantor, shall be transferred to the bargainee, relessee, grantee, or person entitled to the use of the estate or interest which such person hath or shall have in the use, without livery of seizin, or other act or ceremony whatever.

Sec. 9. And be it further enacted, That any mortgagee of Mortgages lands, tenements or other real estate, his heirs, executors, how to be

discharge administrators or assigns, having received full satisfaction ed. for the money due on such mortgage, shall, at the request of the mortgagor, his heirs, executors, administrators or assigns, and at his or their cost, acknowledge and cause satisfaction and payment to be entered on the margin or face of the record of such mortgage, and shall sign and seal the same, which shall for ever afterwards discharge, defeat and release such mortgage, and perpetually bar all actions to be brought thereupon in any court of record : that if any mortgagee, his heirs, executors, administrators or assigns, shall not, within ten days after a request made in that behalf, and a tender of all reasonable charges, re.

Proviso.

pair to the town-clerk's office, and there make, sign and seal an acknowledgment as before directed, or otherwise make and execute a release and quitclaim of the estate so mortgaged, and acknowledge the same before some proper officer, he or they so refusing shall be liable to make good all damages that shall accrue for want of such discharge or release, to be recovered by an action of the case in a court of record; and in case judgment shall pass against the party sued, he or they shall pay unto the plaintiff treble cost upon such suit: Provided nevertheless, That nothing herein contained shall be construed to defeat, invalidate, annul or render ineffectual, any other legal discharge, payment, satisfaction or release of any mortgage.

Sec. 10. And be it further enacted, That if any person, devise oring of full age and of sane mind, shall be seized of

any convey in estate in fee

tail, he shall have a right to convey the same ple. in fee simple by his last will and testament, or by deed

duly executed under his hand and seal, and acknowledged before the supreme judicial court, or any court of common pleas in this State; and such conveyance shall vest an estate in fee simple in the grantee, his heirs and assigns, and shall bar the tenant in tail, his heirs and assigns, and all others who may claim the same in remainder or reversion, expectant upon the determination of such estate tail.

Tenant in

be

see sim

1798, 1822.

Joint tenants compellable to make

An act concerning Partition and estates holden in Coparcenary,

common and joint tenancy. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That all tenants in com

mon, joint tenants and coparceners, who now are, or herepartition. after may be, actually seized or possessed of any estates

of inheritance in their own rights, or in the rights of their wives, and all joint tenants and tenants in common who now hold, or hereafter shall hold, jointly or in common, for term of life or years, with others who have or shall have estates of inheritance or freehold, in any lands, tenements or hereditaments, may be compelled to make par

tition between them of such lands, tenements or hereditof parti- aments, by a writ of partition; but no such partition be

tween tenants in common or joint tenants, who hold, or shall hold, estates for term of life or years, with others hold

By writ

tion.

ing equal or greater estates, shall be prejudicial to any en- Rights in titled to the reversion or remainder, after the death of not prejuthe tenant for life, or after the expiration of the term for diced. years.

Sec. 2. And be it further enacted, That when any per- Absent son named defendant in such writ of partition shall not be parties

how notian inhabitant of this State, and by reason of his absence fied. cannot be personally summoned to answer thereunto, legal service of said writ shall be made, by leaving a copy thereof with the tenant in possession (if any there be) of the estate whereof partition is demanded; and if the said person named defendant as aforesaid shall live within the United States, and shall not appear at the court to which said writ shall be returnable, to defend the same, the action shall be continued one term; and in such case, if the defendant does not then appear, it shall be the duty of the court to appoint some discreet and disinterested person as agent of such defendant, whose duty it shall be to defend such suit; and in case judgment shall be rendered for partition, to attend to the partition to be made, and therein take care of the interest of the person for whom he shall have been appointed agent as aforesaid: Provided always, That no judgment for partition shall be proviso. rendered in any case against a defendant who shall be beyond sea at the time of the service of such writ of

partition, and shall not have been absent twelve months, and shall be expected to return within six months.

Sec. 3. And be it further enacted, That in any action of Infants, partition, where the defendant shall be an infant, non compos mentis, or otherwise incapacitated to take care of his guardians right and estate, and shall have no lawful guardian, it shall appointed. be the duty of the court before whom such action shall be commenced, to appoint some discreet and disinterested person as guardian, to defend such infant, non compos mentis, or otherwise incapacitated person, against such suit; and in case of judgment for partition, to attend to their duthe partition to be made, and therein take care of the in- ty. terest of the person for whom he shall be appointed guardian.

Sec. 4. And be it further enacted, That either party may Appead appeal from the judgment of the court of common pleas, granted. that partition shall be made ; but if no such appeal shall be prayed in open court, within two days next after such judgment, the same shall be final; and it shall be the du

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