Commissioners' Return of the Dedimus, to be indorsed upon it. The execution of this writ appears by a certain schedule (g) hereto annexed. (h) (c) In one case the Court held that a fine could not be acknowledged in Westminster before commissioners, but that it must be before a Judge. Nokes v. Styles, ante, 119, note (i). (d) The day and year the acknowledgment was taken must be certified; and the officers of the Court are not to receive the writ of covenant without. 23 Eliz. c. 3. s. 5., ante, p. 196. (e) Where there are several cognizors, though they acknowledge separately, they must all sign under one concord, on the same piece of parch ment. I. K. L.M. Balch v. Phelps, see ante, 121, note (r). (ƒ) If the acknowledgment of one of the cognizors has been incorrectly taken, (Anon. 5 Taunton's Rep. 249.) or cannot be taken at all, Sewell and Others' case, 4 Taunt. Rep. 798., the Court will permit the fine to be completed as to those who have acknowledged it. (g) This was written pannel, and held to be well enough. Earl of Bedford v. Forster, Cro. Jac. 77. (h) The concord, as acknowledged, is annexed. XIX. Affidavit of the acknowledgment by a Commissioner. (i) In the Common Pleas. I. K., of, &c., Gentleman, one of the attornies of his Majesty's Court of Common Pleas at Westminster, and one of the commissioners named in the writ of Dedimus potestatem, for taking the acknowledgment of the fine hereunto annexed, maketh oath and saith, that he knows A. B., and C. his wife, the cognizors named in the said fine; and that the same was duly signed and acknowledged by the said A. B., and C. his wife, in the presence of this deponent, and K. L., Gentleman, another commissioner named in the said writ, on the day and year () mentioned in the eaption thereof; and this deponent further saith that the said A. B., and C. his wife, and also this deponent, and the said L. M. were, at the time of taking and acknowledging the said fine, all of full age and competent understanding; and that the said C. was solely and separately examined apart from her said husband, and freely and voluntarily consented to and acknowledged the said fine; and that the said A. B., and C. his wife, respectively knew the same to be a fine to pass his, her, or their estate or estates. And this deponent further saith that he, this deponent, and also the said K. L., to the best of this deponent's knowledge and belief, are attornies of his Majesty's Court of Common Pleas at Westminster. XX. General Form when made by a Commissioner. In the Common Pleas. A. B., of -, in the county of one of the attornies of his Majesty's Court of at Westminster, and one of the commissioners named in the writ of Dedimus potestatem for taking the acknowledgment of the fine hereunto annexed, maketh oath and saith, that he knows C. D., and E. his wife, and F. G., and H. his wife, the cognizors named in the said fine, and that the same was duly signed and acknowledged by the said C. D., and E. his wife, and F. G., and H. his wife respectively, in the presence of this deponent, and J. K., Gentleman, another commissioner named in the said writ, on the day and year (k) [or several days and years] mentioned in the caption [or several captions] thereof; and this deponent further saith that the said C. D., and E. his wife, and F. G., and H. his wife, and also this deponent and the said J. K. were, at the time of taking and acknowledging the said fine, all of full age and competent understanding; that the said E. and H. were solely and separately examined apart from their husbands, and freely and voluntarily consented to and acknowledged the said fine; and that the said C. D. and E. his wife, and F. G., and H. his wife, respectively knew the same to be a fine to pass his, her, or their estate or estates. And this deponent further saith, that the razure [or razures, interlineation or interlineations, if any,] appearing to be made in the body [or caption] of the said fine, was [or were] made before any of the said parties signed the same, and before the said commissioners signed the said caption [or cap (k) See p. 268, ante, note (j). tions] (1). And this deponent further saith that (m) he, this deponent, and also the said J. K., to the best of this deponent's information and belief, are attornies of his Majesty's Court of at Westminster. (n) at one of the attornies of the Court of Westminster, maketh oath and saith, that he knows C. D., and E. his wife, and F. G., and H. his wife, the cognizors named in the fine hereunto annexed; and that the said fine was duly signed and acknowledged by the said C. D., and E. his wife, and F. G., and H. his wife respectively, in this deponent's presence, and before J. K. and L. M., Gentlemen, two of the commissioners named in the writ of Dedimus potestatem hereunto annexed, on the day and year, &c.; and that they the said C. D., and E. his wife, and F. G., and H. his wife, and also J. K. and L. M., and this deponent were, at the time of taking the said fine, all of full age: [&c. (1) Orders, Hilary Term, 17, and Trinity Term 26 and 27 Geo. 2., ante, page 181, 183. Although the word obliterations is not mentioned in these orders; yet where there are any, the Judges require them to be noticed in the affidavit. (m) The affidavit must state what Court the commissioners are attorneys of. Order, Mi chaelmas Term, 39 Geo. 3., ante, p. 190. (n) Or, "that this deponent is an attorney of his Majesty's Court of King's Bench, at Westminster, and that the said J. K., to the best of this deponent's knowledge and belief, is an attorney of his Majesty's Court of Common Pleas at Westminster." as in the preceding forms] And this deponent further saith that the said J. K. and L. M. are, to the best of this deponent's information and belief, attornies of his Majesty's Court of -, at Westminster. Sworn, &c. XXII. A. B. Judge's Allocatur. Upon reading the affidavit of I. K., Gentleman, hereto annexed, of the due execution of this fine, let it pass. R. Dallas. (a) Another Form. Upon reading the affidavit of A. B., Gentleman, hereunto annexed, of the due execution of this fine, let it pass, notwithstanding the razure in the [caption, or as it may be.] Another Form. Upon reading the affidavit hereunto annexed, of the due execution of this fine by C. D. of A. in the county of H. Gent. (who was present at the acknowledgment thereof,) let it pass. XXIII. Commissioner's return, as to acknowledgments taken abroad. (b) The execution of this writ, as to the acknowledgment of the within named A. B., C. B., and D. B., appears by a certain schedule hereto annexed. J. K. G. T. (a) The judge's signature. For the part of the concord where the allocatur is generally writ ten, see ante, p. 267. (b) See ante, p. 123–6. |