married women, pursuant to an act passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," appeared personally, the wife of and produced a certain indenture marked B., bearing date the day of 18-, and made between [insert names of parties] and acknowledged the same to be her act and deed; and we do hereby certify that the said was, at the time of her acknowledging the said deed, of full age and competent understanding, and that she was examined by us, apart from her husband, touching her knowledge of the contents of the said deed, and that she freely and voluntarily consented to the same. [Signatures of the two Commissioners.] (m). Certificate relating to three Married Women. These are to certify that on the day of -, in the year one thousand eight hundred -, before us [names of two commissioners], two of the perpetual commissioners appointed for the county of -for taking the acknowledgments of deeds by married women, pursuant to an act passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," appeared personally Mary, the wife of John Jones, Ellen, the wife of Edward Ellis, and Anne, the wife of Arthur Arms, and produced a certain indenture of release, marked A, bearing date the day of, one thousand eight hundred and - ―, and made between the said John Jones and Mary his wife, Edward Ellis and Ellen his wife, and Arthur Arms and Anne his wife of the first part, the said John Jones of the second part, and Luke Lee of the third part, and each of them acknowledged the same to be her act and deed. And we do hereby certify that each of them the said Mary Jones, Ellen Ellis, and Anne Arms, was at the time of her acknowledging the said deed of full age and competent understanding, and that each of them was examined by us apart from her husband, touching her knowledge of the contents of the said deed, and that each of them freely and voluntarily consented to the same. [Signed by the two Commissioners.] (m). (m) In filling up the certificate of acknowledgment, the names only of the parties to the deed should be set out. All alterations, interlineations or erasures, in the certificate must have the initials of the commissioner or of the clerk to the Judge before whom the acknowledgment is taken set opposite thereto. The commissioners cannot take acknowledgments out of the county, city, town or division for which they are appointed; and notwithstanding their being appointed for more than one county, &c., they should be described in the certificate as appointed only for the particular county, city, town or division in which the acknowledgment is taken. As to the commissioners, see further 3 & 4 Will. 4, c. 74, s. 81, ante, p. 384 et seq.; and as to the above certificate, see 3 & 4 Will. 4, c. 74, s. 84, and the cases quoted, ante, p. 388. Forms of Affidavits. No. 1. Affidavit verifying the Certificate of Acknowledgment, to be made by an Attorney, when the Acknowledgment is taken before a Judge. IN THE COMMON PLEAS. I—, of of the court of 1. That I know in the · of the wife of gentleman, one of the attorneys in the certificate hereunto at Westminster, make oath and say annexed mentioned, and that the acknowledgment therein mentioned —, and the certificate signed by the judge therein men was made by the said in the said certificate mentioned, on the day and tioned, at -, in the year of —, in my presence. 2. That at the time of making such acknowledgment the said was of full age and competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. 3. That previous to the said making the said acknowledgment, where a provision I inquired of her the said whether she intended to give up her is to be made. interest in the estate-- in respect of which such acknowledgment was taken, without having any provision made for her in lieu of or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. declared 4. That before the said acknowledgment was so taken, I was satisfied and do now verily believe that such provision has been made by and that such has been produced to the said judge. [3. That previous to the said making the said acknowledg- Where no proviment, I inquired of her the said whether she intended to give sion is to be made. up her interest in the estate in respect of which such acknowledgment was taken, without having any provision made for her in lieu of or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said declared that she did intend to give up her interest in the said estatewithout having any provision made for her in lieu of or in return for or in consequence of her so giving up such her interest, of which declaration of the said I have no reason to doubt the truth, and I verily believe the same to be true.] 5. That it appears by the deed acknowledged by the said that the premises wherein she is stated to be interested are described to be in the of in the Sworn, &c. (n). of (n) The verifying affidavits should be sworn on parchment. (Macqueen on Husband and Wife, App. I. pp. 5, 21, 1st ed.) All alterations in the affidavit must have the initials of the commissioner or of the clerk to the judge before whom the affidavit is sworn set opposite thereto. No stamp is required on these affidavits (33 & 34 Vict. c. 97, s. 3). Where neither a commissioner nor an attorney can depose to his "knowledge of the party making the acknowledgment, and her being of full age," these facts may be deposed to by a third party. (Reg. Gen. Trin. T. 1834, I., ante, p. 403, vide Forms 2, 6 & 7.) As to the persons before whom the affidavit may be sworn, and the cases in which a notarial certificate is necessary, see the note to 3 & 4 Will. 4, c. 74, s. 85, ante, p. 391. A form of notarial certificate is given p. 760, post. See further, as to the practice in taking the acknowledgments of married women, the notes to 3 & 4 Will. 4, c. 74, ss. 79-91, ante, p. 382, and the orders of the Court of Common Pleas made in pursuance of that act, ante, p. 400. See also Macqueen on Husband and Wife, App. I., 1st ed.; Gray's Country Attorney's Practice, 311 et seq., 7th ed. Where a provision is to be made. Where no provision is to be made. No. 2. Joint Affidavit verifying the Certificate of Acknowledgment to be made by a Third Party (either an Attorney or not) and by an Attorney, when the Acknowledgment is taken before a Judge. IN THE COMMON PLEAS. We in the of and of - of in the at West 1. And first I—, for myself say:-That I know, the wife of in the certificate hereunto annexed mentioned, and that at the time of making the acknowledgment in the said certificate mentioned the said was of full age. 2. And I, for myself say:-That the acknowledgment in the said certificate mentioned was made by the said —, and the certificate signed by the judge in the said certificate mentioned, on the day and year therein mentioned, at in the of —, in my pre sence. 3. That at the time of making such acknowledgment the said was of competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. making the said acknowledgwhether she intended to give up 4. That previous to the said ment, I inquired of her the said her interest in the estate-in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate―; and that in answer to such inquiry the said clared that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. de 5. That before the said acknowledgment was so taken, I was satisfied and do now verily believe that such provision has been made by and that such has been produced to the said judge. [4. That previous to the said -making the said acknowledgment, I inquired of her the said, whether she intended to give up her interest in the estate-in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said declared that she did intend to give up her interest in the said estate- without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such her interest, of which declaration of the said I have no reason to doubt the truth, and I verily believe the same to be true.] 6. That it appears by the deed acknowledged by the said that the premises wherein she is stated to be interested, are described to be in the of Sworn, &c. (o). in the of (0) See note, ante, p. 753. No. 3. Affidavit verifying the Certificate of Acknowledgment to be made by IN THE COMMON PLEAS. I —, of -, in the the wife of of, one of the commissioners mentioned in the certificate hereunto annexed, make oath and say1. That I know in the said certificate mentioned, and that the acknowledgment therein mentioned was made by the said and the certificate signed by me, and in the of, the other commissioner in the said certificate mentioned, on the day and year therein mentioned, at of in my presence. of in the 2. That at the time of making such acknowledgment the said was of full age and competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. 3. That* not in any manner interested in the transaction giving occasion for such acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent, so interested or concerned. 4. That previous to the said I inquired of her, the said Insert one of these alternatives -"I am," or "to the best of my knowledge and belief, the said the other commissioner, is." making the said acknowledgment, where a provision whether she intended to give up her is to be made. interest in the estate-in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said —, declared that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. 5. That before the said acknowledgment was so taken I was satisfied and do now verily believe that such provision has been made by ———, and that such has been produced to me and the said other commissioner. the made. [4. That previous to the said -making the said acknowledgment, Where no proI inquired of her, the said, whether she intended to give up her vision is to be interest in the estate-in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said declared that she did intend to give up her interest in the said estate- without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such her interest, of which declaration of the said, I have no reason to doubt the truth, and I verily believe the same to be true.] that 6. That it appears by the deed acknowledged by the said the premises wherein she is stated to be interested are described to be in the of Sworn, &c. (p). * Insert one of No. 4. Affidavit verifying the Certificate of Acknowledgment, to be made by a Special Commissioner when more than one Married Woman makes Acknowledgment. IN THE COMMON PLEAS. I —, of in the of, one of the commis sioners mentioned in the certificate hereunto annexed, make oath and say the wife of › and 1. That I know the wife of respectively in the said certificate mentioned, and that the acknow ledgment therein mentioned was made by each of them the said and- and the certificate signed by me, and — of the other commissioner in the said certificate mentioned, on the day and year therein mentioned, at presence. in the of 2. That at the time of making such acknowledgment each of them, the said and was of full age and competent understanding, and knew the said acknowledgment was intended to pass her estate these alternatives in the premises respecting which such acknowledgment was made. 3. That. ,not in any manner interested in the transaction giving occasion for such acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent, so interested or concerned (q). -"I am," or "to the best of my knowledge and belief, the said the other commissioner, is." Where a provision is to be made for each. Where no provision is to be made for either. 4. That previous to the said and -, severally making the said acknowledgment, I inquired of each of them, the said, and —, whether she intended to give up her interest in the estate- in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate-; and that in answer to such inquiry each of them, the said and declared that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. 5. That before the acknowledgment of either of them was so taken I was satisfied, and do now verily believe, that such provision has been made by, and that such has been produced to me, and the [4. That previous to the said —, and —, severally making the said acknowledgment, I inquired of each of them, the said —, and whether she intended to give up her interest in the estate- in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate-; and that in answer to such inquiry each of them, the said ———, —, and declared that she did intend to give up her interest in the said estate- without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such her interest, of which declaration of each of them, the said and —, I have no reason to and doubt the truth, and I verily believe the same to be true.] Sworn, &c. (r). of, in the of -. (4) As to whether an affidavit made by an interested party as commissioner is sufficient, see Re Scholfield, 3 Bing. N. C. 293; Ex parte Menhennett, L. R., 5 C. P. 16, ante, p. 402. (r) See note, ante, p. 753. |