WHERE THE ACKNOWLEDG IN ENGLAND. thereof have been reduced into writing,"] and that such deed [or, "writing "] has been produced to this deponent and the said I. K. the other commissioner.") And lastly, the said G. H. for himself MENT IS MADE further saith, that it appears by the deed acknowledged by the said E. F. that the premises wherein she is stated to be interested, are described to be in the parish of in the county of WHEN the woman whose acknowledgment is to be taken resides out of England, or from any sufficient cause is prevented from attending a Judge or Master, or perpetual commissioners, the Court of Common Pleas, or any judge thereof, may issue a special commission, to be made returnable within such time as shall be thought fit (a). The attorney or solicitor employed will ascertain who are proper persons, in the place where the woman resides, to be put in the special commission, which will be obtained at the office of the registrar of certificates of acknowledgments. The instructions for the special commission are required to be given on half a sheet of draft paper, in (a) See the 83rd clause of the Fines and Recoveries Act, infra, p. 36; and see General Rules of H. T. 1834, WHERE THE ACKNOWLEDG- Instructions for a special com mission. the following form, the attorney or solicitor bespeaking the commission supplying the proposed commissioners' names, residences, trade, profession, or calling, and such other particulars as may be necessary to complete such instructions: Instructions for a special commission to take the acknowledgment of E., the wife of F. G., now residing at in the of Gentleman, of a certain deed of conveyance, whereby it is intended to pass her estate as a married woman. Two commissioners at the least must be named in the commission, and in places far distant it is better to have half a dozen; so that inconvenience may not arise by the death or absence of any of the persons named. The return had better be left blank; that being in the discretion of the Judge, the officer always allowing ample time for the purpose. The proceedings before special commissioners will be substantially the same as before a Judge or Master, or perpetual commissioners; except in so far as hereinafter pointed out. The following is the form of the commission: Form of the commission. I, the Justice of her Majesty's Court of Common Pleas at Westminster, do, by virtue of the statute in that case made and prospecial commissioners, to take the acknowledgment vided, appoint of, the wife of of her the said 3 & 4 Will. 4, c. 74. of any deed by which it is intended as a married woman, pursuant to the statute And I do order and direct, that this com mission shall be executed and returned to the proper officer of the Court, on or before the day of Dated the day of 184 Entd. In Exparte Gill (b) a commission was addressed to "Judge M'Roberts and W. Pythian," Illinois, in the United States; and was returned certified by "W. Pythian" and "Samuel M'Roberts." The Court required an affidavit, showing the identity of Judge M'Roberts and Samuel M'Roberts. In Re Apperton (c) the Court allowed a commission to go out for taking the acknowledgment of a married woman at Sydney, New South Wales, with a blank left for her Christian name. In another case the Court allowed a commission to be amended, under the following circumstances:-It appeared that the acknowledgment had been taken in a remote part of India by two military officers, not mentioned in the commission, all the persons whose names were included in it being absent. The amendment made by order of the Court in this state of things, was to insert in the commission (as returned from India) the names of the two officers who had received the acknowledgment, thus establishing their authority by a retrospective operation (d). As to the mode of executing a special commission to take the acknowledgment of a married woman, I find no directions either in the Act of Parliament or in the General Rules. Where the thing is practicable, however, I collect that the proper course is first, to have the acknowledgment taken in the ordinary way, as already explained; secondly, to make the memorandum thereof on the deed; thirdly, to get the certificate signed by the special commissioners; fourthly, to get it verified by the proper affidavit; and fifthly, to get the affidavit itself certified by a notary public. The first, second, and third (b) 1 Bing. S. 168; 7 Scott, 142. 5 Scott, N. S. 327. See this case of WHERE THE ACKNOWLEDG OUT OF ENGLAND. items create no difficulty. But the fourth and fifth are MENT IS MADE often troublesome; for, as regards the fourth item (the making of the affidavit), it may not always be easy to find in foreign parts a person authorised to administer the oath; and as regards the fifth item (the notarial certificate), there may be no notary public at hand capable of officiating. When such embarrassments arise (and they will constantly occur), the endeavour must be to come as near as circumstances will permit to the requirements of the Court, in so far as these are unfolded by the decided cases, of which I will set out the principal; observing, however, in the meantime, that the form of the memorandum of acknowledgment by special commissioners will be as follows: Memorandum of acknowledgment by special commissioners. Certificate by special commissioners. This deed marked C. was this day produced before us, and acknowledged by E., the wife of F. F. therein named, to be her act and deed; previous to which acknowledgment the said E. was examined by us, separately and apart from her husband, touching her knowledge of the contents of the said deed and her consent thereto, and declared the same to be freely and voluntarily executed by her. Dated this day of one thousand eight hundred and In like manner, and perfectly in conformity with the case, where the acknowledgment is before a Judge or Master, or perpetual commissioners, the certificate by special commissioners will be in these terms: day of These are to certify, that on the in the year one thousand eight hundred and before us the undersigned A. B. and C. D., two of the commissioners specially appointed, 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," for taking the acknowledgment of any deed by E., the wife of F. G., appeared personally the said E., and produced a certain Indenture, marked C., bearing date the eight hundred and day of one thousand made between the said F. G. and E. his wife, of the first part, R. S. of the second part, and T. W. of the third part; and acknowledged the same to be her act and deed. And we do hereby certify that the said E. 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. WHERE THE MENT IS MADE ENGLAND. A. B. The practice is, that one of the special commissioners shall make the following affidavit on parchment (d):— IN THE COMMON PLEAS. the certificate by one of the special A. B. of -, in the of Esquire (e), one of the com- Affidavit verifying missioners mentioned in the certificate hereunto annexed, maketh oath and saith, that he knows E., the wife of F. G. in the said certificate commissioners. mentioned, and that the acknowledgment therein mentioned was made of at in the by the said E., and the certificate signed by this deponent and C. D. (d) One of the special commissioners makes the affidavit, because a practising attorney is not always to be found in foreign parts. And this, moreover, was the course pursued under the old system of Fines and Recoveries. (e) The descriptions of the de clerk to And this ponent and of the other special com- |