The College, in Williamsburg; the twenty seventh day of October, in the twenty second year of the reign of our sovereign lord George II. by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. and in the year of our Lord, 1748.* From edit. 1752. Same law edit. 1769,pa.142] How & when deeds for lands, &c. recorded. CHAP. I. An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Hunting and Ranging. I. B E it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Asshall be ac sembly, and it is hereby enacted by the authority of knowledged, the same, That no lands, tenements, or hereditaments, or proved & within this colony shall pass, alter, or change, from one to another, whereby an estate of inheritance in fee simple, fee tail, general or special, or any estate for life or lives, or any greater or higher estate, shall be made or take effect, in any person or persons, or any use thereof to be made, by bargain and sale, lease and release, deed of settlement to uses of feoffment, or other instrument, unless the same be made by writing, indented, sealed, and recorded, in the records of the general court, or in that county court, where the land mentioned, to be passed or granted shall lie, in manner following, that is to say: If the person or Where, *The acts passed at this session contained the revised laws, reported by the committee appointed by the act of 1745, chap. 4They were first published in the edition of 1752, and afterwards, withvery little variation in the matter, though differently arranged, in the edition of 1769. For a history of the several revisals of our laws, see preface to 1st. vol. Hen. Stat. at Large, pa. VĮ. the record not resi persons who shall make and seal such instrument of If the grantor writing, shall be resident within this colony at the time resides here, of making and sealing the same, then the recording ing must be thereof shall be within eight months from the sealing within 8 and delivery; and if the person or persons so making months. If and sealing, shall be resident in any other place than dent here, within this colony, at the time aforesaid, then the re- in two years. cording shall be within two years from the sealing and delivery: But no such deed or conveyance whatsoever, Must be perof lands, tenements, or hereditaments, shall be admit- sonally ac ted, to record in the general court, or in any county in court or knowledged court, unless the same be acknowledged in such court, proved by 3 by the grantor or grantors thereof in person, or by witnesses at some or one of them, to be his, her, or their proper act and deed, or else that proof thereof be made, in open court, by the oath of three witnesses at the least. least. with the II. And, that when any such deeds or conveyances Livery of shall be acknowledged or proved in court, in order to seisin to he their being recorded, the livery of seisin thereupon recorded made, in such cases where the same is by law required, deed. shall in like manner be acknowledged, or proved, and shall be recorded together with the deed, or conveyance whereupon it shall be made. fora June 3, III. And that all deeds, mortgages, and other set- Deeds, mort tlements and conveyances, for any lands, tenements, or gages, &c. hereditaments within this dominion, bona fide made executed beand executed, at any time before the third day of June, 1735, valid, in the year of our lord one thousand seven hundred tho' not rethirty five, whether the same be by deed poll, or other-corded, wise, shall be good valid and binding between the parties thereto, and their heirs, notwithstanding the same have not been acknowledged, or proved and recorded. after that IV. And, that all bargains, sales, and other convey- But all con. ances whatsoever, of any lands, tenements, or heredit- veyances and aments, whether they be made for passing any estate of settlements, freehold, or inheritance, or for term of years, and all time made deeds of settlement upon marriage, wherein either or to be lands, slaves, money, or other personal thing, shall be made, shall settled or covenanted, to be left or paid at the death of be void as to the party, or otherwise, and all deeds of trust, and subsequent mortgages whatsoever, made and executed at any time purchasers if after the said third day of June, one thousand seven hun- not recorddred thirty five, and before the passing of this act, and ed. all such deeds and conveyances, which shall hereafter D 3-Vol. 5 creditors, & be made and executed, shall be void, as to all creditors, and subsequent purchasers, unless they have been, or shall be acknowledged, or proved and recorded, accor ding to to the directions of this act; but the same, as Yet binding between the between the parties, and their heirs, shall nevertheless parties. be valid and binding. Deed by hus V. And be it further enacted, by the authority aband & wife, foresaid, That all deeds, and conveyances heretofore acknowledg- made, or hereafter to be made, in writing, indented and ed in court, sealed by husband and wife, and by them personally shall pass the estate of the acknowledged, in the general court, or county court, feme, except the wife having first been examined by such court in fee tail. privily, and apart from her husband, and giving her free consent to the same, shall be and are hereby declared to be good and effectual in law, and shall be as valid to convey and pass over all the estate, right, title, interest, claim, and demand, of such wife and her heirs, in or to the lands, tenements, or hereditaments so granted or conveyed, whether the same be in right of dower, or fee simple, or whatsoever other estate, not being fee tail, she may have therein, as if the same had been done by fine and recovery, or by any other ways or means whatsoever; and that where any feme covert Relinquish hath heretofore relinquished her right of dower, in ment of dow-lands or tenements, and acknowledged the same in fore made, court, or before commissioners, and such acknowledg and recorded ment has been recorded, the same shall be sufficient sufficient and effectual in law, to convey and pass over all such deed in wri. right, altho' she has not executed and acknowledged any deed or conveyance for that purpose. er, hereto without ting. Commissions any deed ex VI. And that where any feme covert cannot conve to receive niently travel to the general court, or county court, to the acknow- acknowledge her deed for passing away her estate, it ledgment of shall be lawful for the clerk of the general court, or of ecuted by a any county court, to issue a commission to two or more feme covert, commissioners, being justices of the peace in the counhow to he is- try where such feme resides, for receiving the acknowl sued and re-edgment of any deed of such feme covert, for passing turned. And shall pass her sight. her estate in any lands, tenements, or hereditaments; and such deed acknowledged before them, after they shall have examined her privily, and apart from her husband, touching her consent and thereof certified, the judges before whom such commission shall be re turnable, shall be recorded, together with the commission and return, and shall be as effectual as if the same ments here had been personally acknowledged in court, by such feme covert: And where any such deed shall have Such acbeen heretofore acknowledged before commissioners, knowledg and they have certified the privy examination and ac- tofore made knowledgment as aforesaid, the same is hereby like- and certified wise declared to be valid, and so shall be adjudged, valid. deemed, and taken. VII. And whereas it has always been adjudged, that But her priwhen any deed has been acknowledged by a feme covy examination must be vert, and no record made of her privy examination, recorded such deed is not binding upon the feme or her heirs: VIII. It is hereby further enacted, and declared, That the law herein shall always be held according to the said judgments, and shall never hereafter be questioned; and that the clerks of the courts before whom any deed of a feme covert shall be acknowledged, shall always hereafter record her privy examination. IX. And to the end persons who are inclined to lend For discove money upon the security of lands, negroes, and other ry of prior estate, or to become purchasers thereof, may more ea- conveyan sily discover whether the lands, slaves, or other things offered to be sold, or mortgaged, be free from prior incumbrances; ces. estate real X. Be it further enacted, by the authority aforesaid, A memorial That a memorial of all bargains, sales, mortgages, of all deeds and other conveyances, marriage settlements, and and settledeeds of trust, whereby any estate, real or personal, of ments of any any person or persons whatsoever, within this colony, or personal, may be effected, charged, or incumbred, shall be re- shall be kept gistred in the secretary's office, in books kept for that in the secre purpose: Which memorial, shall contain the date of tary's office> the deed, or conveyance, the names, sirnames, and additions of the parties thereto, the consideration mentioned therein, the quantity of land conveyed, settled, or mortgaged, and where the same lies, and the number and names of the slaves, and description of the personal estate, if any be sold, settled, or mortgaged; and the clerks of all and every the county courts, within this dominion, are hereby required, twice in every clerks to re County court year, that is to say, in the months of April and Octo- turn such ber, to transmit to the secretary's office, memorials, of memorials, all such deeds, settlements, mortgages, or other conhalf-yearly veyances, as shall have been acknowledged, or proved and recorded in their respective courts, the preceding half year; and of all such of the said deeds as shall be |