No. 5. Affidavit verifying the Certificate of Acknowledgment, to be made by an Attorney (not being a Commissioner, taking the Acknowledg ment). IN THE COMMON PLEAS. I ——————, of ———————, in the county of , gentleman, one of the attorneys of the Court of make oath and say the wife of 1. That I know in the certificate hereunto annexed mentioned, and that the acknowledgment therein mentioned was made by the said and the certificate signed by, of · gentleman, and gentleman, the commissioners in the said certificate mentioned, on the day and year therein mentioned, at in my presence. of 2. That at the time of making such acknowledgment, the said was of full age and competent understanding, and knew the said acknowledgment was intented to pass her estate in the premises respecting which such acknowledgment was made. 3. That to the best of my knowledge and belief, the said one of the said commissioners, is 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. made. 4. That previous to the said making the said acknowledgment, Where no proI inquired of the said whether she intended to give up her interest vision is to be 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. [4. 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 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 the said commissioners.] 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 —, in the county of Sworn, &c. (8). (8) See note, ante, p. 753. No. 6. Joint Affidavit verifying the Certificate of Acknowledgment, to be made by a Third Party (either an Attorney or not), and by a Commissioner when more than one Married Woman makes Acknowledg ment. IN THE COMMON PLEAS. Insert one of ―, in the of gentleman, one of the attorneys of the Court of and one of the commissioners mentioned in the certificate hereunto annexed, severally make oath and say— 1. And first I, for myself say:-That I know, the wife of, and, the wife of - —, respectively in the said certificate mentioned, and that at the time of making the acknowledgment in the said certificate mentioned, each of them the said ——, and was of full age. 2. And I, for myself say:-That the acknowledgment in the said certificate mentioned was made by each of them the said and, and the certificate signed by me and —, of. in the of gentleman, the other commissioner in the said certificate mentioned, on the day and year therein mentioned, at in the of - in my presence. 3. That at the time of making such acknowledgment, each of them the said ———, and ———, was of competent understanding, and knew the said acknowledgment was intended to pass her estate in the prethese alternatives mises respecting which such acknowledgment was made. 4. 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. -"I am," or "to the best of my knowledge and belief, the said -, the other com missioner, is." Where no pro either. 5. That previous to the said and -, making the said ac vision is made for knowledgment, 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 the said and respectively, 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 ——, and -, that the premises wherein each of them is stated to be interested are described to be in the of, in the- -.of Sworn, &c. (t). (t) See note, ante, p. 753. No. 7. Joint Affidavit verifying the Certificate of Acknowledgment, to be made by a Third Party (either an Attorney or not), and by an Attorney (not being a Commissioner taking the Acknowledgment). IN THE COMMON PLEAS. We, of Court of and, of one of the attorneys of the severally make oath and say 1. And first I, for myself say:-That I know, the wife in the certificate hereunto annexed mentioned, and that at the time of making the acknowledgment therein mentioned, the said of was of full age. —, of. and 2. And I, -, for myself say:-That the acknowledgment in the said certificate mentioned was made by the said and the cerof - -, the commissioners in the said certificate mentioned, on the day and year therein mentioned, at —, in my presence. tificate signed by 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. 4. That to the best of my knowledge and belief the said one of the said commissioners, is 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. 5. That previous to the said making the said acknowledg- where no proment, I inquired of the said whether she intended to give up vision is made. 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 in the county of Sworn, &c. (u). (u) See note, ante, p. 753. I No. 8. Form of Notarial Certificate (x). of - "" on the -, notary public, of lawful authority admitted and sworn, dwelling at day of presence at and before was sworn in my to the truth of the affidavit hereunto annexed, by : AND I DO HEREBY CERTIFY that the said is and is duly qualified to administer oaths at aforesaid, and subscribed to the said affidavit, and also the subscribed to the jurat thereof, are of the respective proper handswriting of the said and and were respectively that the name name 66 signed by them in my presence. IN TESTIMONY WHEREOF I have hereunto set my hand and notarial seal. (x) For verification of affidavits sworn in Scotland, Ireland, or France, or before any British diplomatic or consular agent authorized by the statute 18 & 19 Vict. c. 42, to take affidavits, this certificate is not required. See ante, p. 392. INDEX. A. ABANDONMENT, of private way, 81. ABATEMENT, in case of disturbance of rights of common, 53. water, 100. light, 125. ABSENCE, beyond seas a disability within 3 & 4 Will. 4, c. 27..187. decree may be made under Trustee Act in absence of trustee, 677. ABSTRACT OF TITLE, for sixty years may be required by purchaser, 191. to advowsons, should extend to a century, 222. ACCOUNT, of mesne rents, from what period directed in equity, 255. effect of plaintiff's infancy, ib. and of laches, ib. time for which account will be directed in the case of charities, pending, acknowledgment of, 276. of debts of deceased person, provision as to order for, 729. ACCOUNTS, how time runs in case of open, 266. merchants' accounts on same footing as others, 267. payment by settlement of, 286. of mortgagee, whether acknowledgment, 215. ACCOUNTANT-GENERAL, money to be paid to account of paymaster-general and not of, 676, 695. ACCOUNTANTS, to the crown, 605. See CROWN DEBTS. ACKNOWLEDGMENT, by testator of his signature to will, 505, 506. ACKNOWLEDGMENT OF deeds, by married woman, when requisite, in barring estate tail, 343. not necessary previous to inrolment, 345. in disposing of land, 369. reversionary interests in personalty, 406. |