ing under charter from the General Assembly of Maryland, may be selves of these availed of by said bank or banks. Suspension of provisions. 18. If the president and directors should at any time suspend Id. s. 13. the active business operations or workings of any banking institu- business. tion incorporated under this act, other than as now legally provided for, and a majority of the stockholders in general meeting assembled determine to close its banking operations, thenceforth it shall not be lawful for such corporation to resume the exercise of its banking powers and franchises, but the same shall be closed, and after the payment of its debts and liabilities the remaining assets and property of such corporations shall be divided among the stockholders or their assigns. 19. This act is continued in force till the first day of January, 1870, c. 206. When to expire. 1885, and to the end of the next session of the General Assembly thereafter. PUBLICATION OF LISTS OF DEPOSITS AND DIVIDENDS. 1852, c. 314, ss. Unclaimed 20. Every bank and incorporated institution in this State which Art. 12, s. 12. is in the habit of receiving deposits and declaring dividends, shall 1-6. cause to be published in some newspaper printed in the county in dividends to which such bank or institution may be located, or in the city of be published. Baltimore, as the case may be, once a week for three successive weeks in the month of September in each year, a list of the deposits and dividends which have been of more than three years' standing, and uncalled for and unclaimed, together with the names of the parties to whose credit they stand on the books of such bank or institution and their respective amount. This section not to apply to Not to apply to savings banks, nor to institutions which receive deposits and compound the interest and dividends as they become due. savings banks. 1852, c. 314, s. 3. 21. All the expenses incurred by the said bank or incorporated Id. s. 13. institution in making out and publishing the said lists, shall be paid Expenses of out of and be deducted pro rata from the dividends and deposits how paid. publication, unclaimed and uncalled for as aforesaid. 22. If any bank or incorporated institution aforesaid shall in Id. s. 14. 1852, c. 314, s. 2. any year fail or neglect to make the publication required by section Penalty for neglecting pubtwenty hereof, the president of such bank or incorporated institu- lication. tion shall be liable to a fine of not less than fifty nor more than one hundred dollars, to be recovered by indictment in the Circuit Court of the county where the said bank or institution may be located, or in the Criminal Court of Baltimore, as the case may be. TITLE XXIV. Acquisition, Enjoyment, and Alienation of Property. ARTICLE 44. ALIENATION BY DEED. ARTICLE 45. INTERESTS AND ESTATES. ARTICLE 46. BOUNDING LANDS. ARTICLE 47. INHERITANCE. ARTICLE 48. DISTRIBUTION OF PERSONAL PROPERTY. ARTICLE 50. SETTLEMENT OF DECEDENTS' ESTATES. 1856, c. 154, ss. 14, s. 2. 1. No estate of inheritance or freehold, or any declaration or Art. 24, s. 1. limitation of use, or any estate for above seven years, shall pass or 81, 82; 17€6, c. take effect, unless the deed conveying the same shall be executed, Deeds to be acknowledged, and recorded, as herein provided. FORM AND EXECUTION. executed, acknowledged and recorded. 21 Md. 578; 29 Md. 50; 31 Md. 106; 38 Md. 501; 41 Md. 506, 666. What deeds 1856, c. 154, s. 24. must contain. Id. s. 10. 2. All deeds conveying real estate which shall contain the names Id. s. 9. of the grantor and grantee, or bargainor and bargainee, a consideration in cases where a consideration is necessary to the validity of a deed, and a description of the real estate sufficient to identify the same with reasonable certainty, and the interest or estate intended thereby to be conveyed, shall be sufficient, if executed, acknowledged, and recorded, as herein required. 3. Every deed conveying real estate shall be signed and sealed How to be by the grantor or bargainor, and attested by at least one witness. 4. No words of inheritance shall be necessary to create an estate in fee simple, but every conveyance of real estate shall be construed to pass a fee simple estate, unless a contrary intention shall appear heritance. by express terms, or be necessarily implied therein. executed. Id. s. 11. 1856, c. 154, ss. 36 Md. 83. c. 5. The word "grant," the phrase "bargain and sell," in a deed, 156, 154, 88. or any other words purporting to transfer the whole estate of the 12-26. grantor, shall be construed to pass to the grantee the whole interest What words. effectual to Id. s. 23. 1715, c. 47, s. 4; 1794, c. 57. Livery of seizin and indenting. 17 Md. 134; 21 Md. 482. Id. s. 24. 1782, c. 23. Estate tail. 1 Md. 42; 2 H. & and estate of the grantor in the lands therein mentioned, unless there be limitations or reservations showing, by implication or otherwise, a different intent. 6. Neither livery of seizin nor indenting shall be necessary to the validity of any deed. 7. Any person seized of an estate tail in possession, reversion, or remainder, in any lands, tenements, or hereditaments, may grant, sell, and convey the same in the same manner and by the same form J. 69, 285; 1 11. & of conveyance as if he were seized of an estate in fee simple, and G. 112; 8 Gill. 23. such conveyance shall be good and available to all intents and purposes against all persons whom the grantor might debar by any mode of common recovery, or by any ways or means whatsoever. Art. 24, s. 1. edged. ACKNOWLEDGMENT. 8. All deeds required to be acknowledged by the first section of 1 H. & C. 282; 1 this article shall be acknowledged before some one of the following G. & J. 366; 2 Gill. 221; 1 Md. 240 Id. s. 2. 1856, c. 154, s. 83. in county where 352. Id. s. 3. 1856, c. 154, s. 84. Before whom out of county, but within State. 21 Md. 338; 27 Md. 321; 41 Md. 640. Id. s. 4. 1856, c. 154, s. 85. United States. 20 Md. 295. Id. s. 5. out of the United States. officers: If acknowledged in the county or city within which the real estate or any part of it lies, the acknowledgment may be made before: 1st. Some one justice of the peace for said county or city. 2d. A judge of the Orphans' Court for said county or city. 3d. The judge of the Circuit Court for the county. 4th. The judge of the Superior Court, Court of Common Pleas, or Circuit Court of Baltimore City. 9. If acknowledged within the State, but out of the county or city in which the real estate or any part of it lies, the acknowledgment may be made before: 1st. Any justice of the peace for the county or city where the grantor may be at the time of the acknowledgment; the official character of the justice being certified by the clerk of the Circuit or Superior Court under his official seal. 2d. Any judge of the Circuit Court for the circuit in which the grantor may be. 3d. The judge of the Superior Court, Court of Common Pleas, or Circuit Court, if the grantor be in Baltimore city. 10. If acknowledged without this State, but within the United States, the acknowledgment may be made before: 1st. A notary public. 2d. A judge of any court of the United States. 3d. A judge of any court of any State or Territory having a seal. 4th. A commissioner of this State to take acknowledgment of deeds. 11. If acknowledged without the United States, the acknowledgment may be made before: 1st. Any minister or consul of the United States. 2d. Any notary public. 3d. A commissioner of this State to take acknowledgment of deeds. 1856, c. 154, s. 87. 12. Every officer, before whom any acknowledgment shall be Id. s. 6. made, shall give a certificate thereof, and indorse on or annex to Certificate of the deed such certificate, and the certificate shall be recorded with the deed. 13. To every certificate of acknowledgment, taken without State, before the judge of any court having a seal, the seal of court shall be affixed. this such 14. The certificate of acknowledgment shall contain: 4th. A statement that the grantor acknowledged the deed to be his act, or made an acknowledgment to the like effect. officer taking ment. a. s. 7. 1856, c. 154, s. 88. seal of court to be affixed. Id. s. 8. 1856, c. 154, s. 89. What certificate of acknowledg ment to contain. 45 Md. 389. Validity of deeds, where seal before whom commissioner acknowledg ment taken, has not qualified as required by law. 15. When any deed has been acknowledged before a commis- Id. s. 22. sioner appointed to take the acknowledgment of deeds out of the 1860, 133, s. 2. State, whether the commissioner had qualified or not by taking the oath and transmitting his signature and the impression of his to the secretary of state, as required by law, the same shall be as valid as if said commissioner had been duly qualified and was duly authorized to take acknowledgments of deeds; and when any commissioner to take acknowledgments of deeds out of this State had duly qualified and was acting as such previous to the passage of the act of eighteen hundred and fifty-two, chapter one hundred and six, and continued so to act, without having qualified as required by the said act, and, as such commissioner, took the acknowledgment of any deed or mortgage, such deed or mortgage shall be as valid as if the said commissioner had been duly qualified to act at the time of the taking such acknowledgment, or doing any other official act. RECORDING. 16. Every deed of any of the interests or estates mentioned in the first section of this article shall be recorded within six months from its date in the county or city in which the land affected by such deed lies, and where it lies in more than one county, or in the city of Baltimore and a county, it shall be recorded in all the counties and the said city in which such land lies. Id. s. 14. 17. Every deed of real property, when acknowledged and recorded as herein directed, shall take effect as between the parties 1856, c.154, s. 100. thereto from its date. 29 Md. 144; 32 Md. 136; 34 Md. 67; 40 Md. 97. When deed to take effect. 18. No deed of real property shall be valid for the purpose of Id. s. 15. passing title unless acknowledged and recorded as herein directed. 1856, c. 154, s. 102. When valid to pass title. Id. s. 16, 1825, c. 203, s. 1. deeds. 29 Md. 50; 32 Md. 225. 19. Where there are two or more deeds conveying the same lands or chattels real, the deed or deeds which shall be first recorded Priority of according to law shall be preferred, if made bona fide and upon 16 Md. 207, 217; good and valuable consideration. This section to apply to all deeds M. 51; 30 Md. of mortgage, and to all other deeds or conveyances to the validity 35 Md. 215; 38 of which recording is necessary. 22 Md. 206; 27 367; 34 Md. 67; Md. 264, 521; 40 |