proper description], hereby certify that A. B., of Esquire, on the day of one thousand eight hundred and was sworn in my presence to the truth of the affidavit hereunto annexed, by and before H. I., at And I do hereby certify that the said H. I. is a justice of the peace [or whatever his qualification may be to administer oaths], and is qualified to administer oaths at aforesaid; and that the name A. B. subscribed to the said affidavit, and also the name H. I. subscribed to the jurat thereof, are of the respective proper handwriting of the said A. B. and H. I., and were respectively signed by them in my presence. In testimony whereof I have hereunto set my hand and notarial [or, "consular"] seal. Dated the day of one thousand eight hundred and L. M. L. S. When it is necessary or desirable to have evidence of identity and full age from a third person, such third person may be joined in the affidavit with the special commissioner, as follows: IN THE COMMON PLEAS. WHERE THE ACKNOWLEDG MENT IS MADE OUT OF ENGLAND. Affidavit verifying the certificate by one of the special commissioners son. A. B., of in the of - [state trade, profession, or calling], and G. H., of in the - of Gentleman, one of the commissioners mentioned in the certificate hereunto annexed, severally make oath and say. And first this deponent A. B. for himself maketh oath and a third perand saith, that he knows E., the wife of F. G., in the certificate hereunto annexed mentioned, and that at the time of making the acknowledgment therein mentioned the said E. was of full age. And the said G. H. for himself maketh oath and saith, that the acknowledgment in the said certificate mentioned was made by the said E., and the certificate signed by this deponent and I. K., 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 the presence of this deponent, and that at the time of making such acknowledgment the said E. was of competent understanding, and that the said E. knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. And this deponent the said G. H. for himself further saith, that he this deponent is not in any manner interested in the trans- Where inconaction 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. And this deponent the said G. H. for himself further saith, that previous to the said E. making the said venient to make the affidavit in this form, for "he this deponent," may be substituted, "to the best of this de WHERE THE MENT IS MADE ponent's knowledge and belief the said J. K. the other commissioner." Where no provision is to be made. acknowledgment, he this deponent inquired of her the said E. whether ACKNOWLEDG- she intended to give up her interest in the estates 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 estates, and that in answer to such inquiry the said E. declared that she did intend to give up her interest in the said estates 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 E. this deponent has no reason to doubt the truth, and he verily believes the same to be true. (Or, "declared that a provision was to be made for her in consequence of her giving up such her interest in the said estates. And this deponent G. H. for himself further saith, that before her acknowledgment was so taken, he was satisfied and does now verily believe that such provision has been made by deed [or "writing"], [or, "that the terms 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 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 Where any provision is to be made. Form of certificate by a notary public or British consul when the affidavit is by two deponents. Sworn, &c. In such case the certificate by the notary public, or British consul, will be as follows: I, L. M., notary public, of lawful authority, admitted and sworn, dwelling at [or, "I, L. M., British consul"-here insert his proper description], hereby certify that A. B., of of and G. H. of in the of in the Gentleman, on the of were severally sworn in my presence to the truth of the affidavit hereunto annexed, by and the names A. B. and G. H. severally subscribed to the said affidavit, day of , HAVING thus endeavoured to explain the different courses of procedure upon taking acknowledgments before a Judge, or Master, or perpetual commissioners at home, and before special commissioners in foreign parts, it only remains to give one or two forms, which may be found useful under circumstances alike liable to occur in England and out of England. Thus it may happen that the acknowledgment of the deed is to be made by more than one married woman. The following are forms applicable to such a case before a Judge or Master, which may of course be adapted to a similar case when occurring before perpetual or special commissioners. MEMORANDUM to be indorsed on Deed where more than one married Memorandum in Woman acknowledges before a Judge or Master. This deed marked A. was this day produced before me, and acknowledged by E. the wife of F. F., M. the wife of J. G., and S. the wife of T. W., severally therein named, to be the act and deed of each of them the said E., M., and S.; previous to which acknowledgment each of them, the said E., M., and S., was examined by me separately and apart from her husband, touching her knowledge of the contents of the said deed and her consent thereto, and each of them declared the same to be freely and voluntarily executed by her. Dated this one thousand eight hundred and day of such a case. MISCELLANEOUS CERTIFICATE by Judge or Master, where more than one married Woman acknowledges. CASES. Certificate. Affidavit. day of one These are to certify that on the day of in the year one thousand eight hundred and before me the undersigned, Sir Thomas Wilde, Knight, Lord Chief Justice of the Court of Common Pleas at Westminster [or, "before me, Sir John Patteson, Knight, one of the Justices of the Court of Queen's Bench at Westminster;" or, " before me the undersigned, Sir George Rose, Knight, one of the Masters in Ordinary of the Court of Chancery"], appeared personally, E. the wife of F. F., M. the wife of J. G., and S. the wife of T. W., and produced a certain indenture marked A., bearing date the thousand eight hundred and and made between the said F. F. and E. his wife, J. G. and M. his wife, and T. W. and S. his wife, of the first part, L. M. of the second part, and T. P. of the third part; and each of them acknowledged the same to be her act and deed. And I do hereby certify that each of them, the said E. M. and S., was at the time of her acknowledging the said deed of full age and competent understanding, and that each of them was examined by me 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. AFFIDAVIT, verifying Certificate by Judge or Master, where acknowledgment made by more than one married woman. IN THE COMMON PLEAS. A. B., of, in the of Gentleman, one of the attornies [or, "solicitors"] of the Court of maketh oath and saith, that he knows E., the wife of F. F., M., the wife of J. G., and S., the wife of T. W., in the certificate hereunto annexed respectively mentioned, and that the acknowledgment therein mentioned was made by each of them, the said E. M. and S., and the certificate signed by the Judge [or, "Master"] in the said certificate mentioned, on the day and year therein mentioned, at in the of, in the presence of this deponent, and that, at the time of making such acknowledgment, each of them, the said E. M. and S., was of full age and competent understanding, and that each of them, the said E. M. and S., knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. And this deponent further saith, that, previous to the said E. M. and S. severally making the said acknowledgment, he this deponent inquired of each of them, the said E. M. and S., whether she intended to give up her interest in the estates in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in vision. CASES. consequence of her so giving up her interest in such estates, and that MISCELLANEOUS in answer to such inquiry each of them, the said E. M. and S., declared that she did intend to give up her interest in the said estates, without Without prohaving 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 E. M. and S., this deponent has no reason to doubt the truth, and he verily believes the same to be true. (Or, "declared that a provision was to be made for her in consequence of her with provision. giving such her interest in the said estates. And this deponent further saith, that before the said acknowledgment was so taken, he was satisfied and does now verily believe that such provision has been made by deed [or, "writing "]; [or, "that the terms thereof have been reduced into writing "] and that such deed [or, "writing "] has been produced to the saidJudge [or, "Master"])". And lastly, this deponent saith, that it appears, by the deed acknowledged by the said E. M. and S., that the premises wherein each of them is stated to be interested, are described to be in the parish of in the county of Sworn. It happened, in one reported case (b), that the woman, whose acknowledgment was to be taken, was both deaf and dumb. The Court directed the filing to take place; it appearing that the nature of the transaction had been duly explained to her by signs, and that she had, likewise by signs, signified her assent, these facts being duly established by the certificate and affidavit. The following are the forms of the certificate and affidavit in such a case: (c)— CERTIFICATE by perpetual Commissioners of acknowledgment by deaf and dumb Woman. Case where the woman was deaf and dumb. These are to certify, that on the seventh day of October, in the year Certificate. one thousand eight hundred and forty-three, before us, A. P. and R. M. W., two of the perpetual Commissioners appointed for the county of Lancaster, 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 E. the wife of D. W., S. the wife of S. H., and E. the wife of J. D., and produced a certain Indenture of (b) Re Harper, 6 Man. & Gr. 732; 7 Scott, N. R. 431. (c) The form of the memorandum of acknowledgment in such a case |