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Provincial Archives of New Brunswick

Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

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CAP. IX.

An ACT for more effectually securing the Title of Purchasers of Real Estates against Claims for Dower.

Preamble.

 
WHEREAS some doubts have arisen concerning the conveyance of Dower by the wife, in her husband's life-time, in the manner and form now in practice:   In order therefore to prevent any difficulty that may hereafter arise touching the same,
No Deeds of Lands in which any feme covert has right of dower, shall bar such right unless executed by her, and acknowledged on separate examination before a Judge.

 

 
  Be it Enacted by the Lieutenant-Governor, Council, and Assembly, That no Deed of Bargain and sale, or other conveyance of any Lands, Tenements or Hereditaments in which any Feme Covert is, or may be intitled to a right of Dower, shall be valid and sufficient to bar such right or the recovery threof, after the decease of her husband, unless such Feme Covert or married woman shall sign, seal and deliver such Deed, and shall also appear before some one of his Majesty's Council, Judge of the Supreme Court, or one of the Judges of the Inferior Court of Common Pleas in the several Counties of this Province, and being examined separate and apart from her said husband, shall declare that she executed the same freely and voluntary without any threat, fear or compulsion from him, which acknowledgment and declaration shall be entered on such Deed, and registered with the same, and shall be an effectual bar to her recovery of Dower in and to the premises.

See further 32 Geo. 3. c. 2.   and 33 Geo. 3. c. 5.

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27 Geo. III. C. 9..


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