CASES. MISCELLANEOUS Release, marked W., bearing date the seventh day of October instant, and made between the said D. W. and E. his wife of the first part, R. L. and J. his wife of the second part, the said S. H. and S. his wife of the third part, the said J. D. and E. his wife of the fourth part, and M. W. of the fifth 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 E. W., S. H., and E. D., 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, the said E. W. and E. D., freely and voluntarily consented to the same. And we further certify, that the said S. H. being deaf and dumb, the nature, purport, and contents of the said deed, previous to her acknowledgment thereof, was fully explained to her in our presence by W. W., being a person accustomed to and competent to hold conversation by signs with the said S. H., and that from such explanation and the interpretation thereof to us by the said W. W., we further certify, that the said S. H. freely and voluntarily consented to the same. Affidavit. AFFIDAVIT, verifying the above Certificate. IN THE COMMON PLEAS. A. P. R. M. W. J. O., of Manchester, in the county of Lancaster, Gentleman, one of the attornies of the Court of Queen's Bench, and W. W. of Manchester, aforesaid, stocking maker, severally make oath and say. And first this deponent J. O. for himself saith, that he knows E. the wife of D. W., S. the wife of S. H., and E. the wife of J. D., in the certificate hereunto annexed severally mentioned, and that the acknowledgment therein mentioned was made by the said E. W., S. H., and E. D., and the certificate signed by A. P. and R. M. W., both of Manchester aforesaid, Gentlemen, the commissioners in the said certificate mentioned, on the day and year therein mentioned, at Manchester aforesaid, in the presence of this deponent, and that at the time of making such acknowledgment, each of them, the said E. W., S. H., and E. D., was of full age and competent understanding, and that each of them, the said E. W., S. H., and E. D., knew the said acknowledgment was intended to pass her estate in the premises, respecting which such acknowledgment was made; and this deponent J. O. for himself further saith, that to the best of this deponent's knowledge and belief, neither of the said Commissioners is 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; and this deponent J. O. further CASES. saith, that, previous to the said E. W. and E. D. making the said MISCELLANEOUS acknowledgment, he this deponent inquired of each of them the said E. W. and E. D., 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 consequence of her so giving up her interest in such estates, and that in answer to such inquiry, each of them the said E. W. and E. D. 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 each of them the said E. W. and E. D. this deponent has no reason to doubt the truth, and verily believes the same to be true: and this deponent J. O. further saith, that the said S. H. is deaf and dumb, and that previous to the said S. H. making the said acknowledgment, he this deponent explained to the said W. W. the nature and purport of the said deed, and requested him to inquire by signs of the said S. H. 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 consequence of her so giving up her interest in such estates, and that the said W. W., by signs, made such inquiry, and that in answer thereto the said S. H. by signs signified 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 S. H. this deponent has no reason to doubt the truth, and he verily believes the same to be true; and this deponent W. W. for himself saith, that he is the nephew of the said S. H., and that he can neither read nor write; and this deponent W. W. further saith, that he has long been accustomed to communicate and converse with, and convey information to, and receive information from the said S. H. by signs, and that he did at the request of the said J. O. explain by signs to the said S. H. the nature and purport of the said deed, and inquired of her by signs whether she understood the same, and 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 consequence of her so giving up her interest in such estates, and in answer to such inquiries so made by signs as aforesaid the said S. H. signified that she did understand the said deed, and that she did so 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. And this deponent W. W. further saith, that he communicated to the said J. O., and also to the said Commissioners, the real, true, and bonâ fide answers and meaning of the said S. H. to such с MISCELLANEOUS their aforesaid inquiries. And lastly, this deponent J. O. saith, that CASES. it appears by the deed acknowledged by the said E. W., S. H., and J. G., J. O. his W. x W. mark. A Commissioner for taking Affidavits in the CLAUSES OF THE COVERIES ACT. Amarried woman, with her hus band's concurrence, to dispose of lands and money subject to be invested in the and of any estate therein and to release and extinguish powers, as a feme sole. SECTION IV. CLAUSES OF THE ACT AND GENERAL RULES, &c. 77. AND be it further enacted, That, after the thirty-first day of December, one thousand eight hundred and thirty-three, it shall be lawful for every married woman, in every case (except that of being tenant in tail, for which provision is already made by this act,) by deed purchase of lands, to dispose of lands of any tenure, and money subject to be invested in the purchase of lands, and also to dispose of, release, surrender, or extinguish any estate which she alone, or she and her husband, in her right, may have in any lands of any tenure, or in any such money as aforesaid (a), and also to release or extinguish any power which may be vested in or limited or reserved to her in regard to any lands of any tenure, or any such money as aforesaid, or in regard to any estate in any lands of any tenure, or in any such money as aforesaid, as fully and effectually as she could do if she were a feme sole; save and except that no such disposition, release, surrender, or extinguishment shall be valid and effectual unless the husband concur in the (a) Contingent and other like interests and rights of entry, and disclaimers of interests of married women, are made alienable by deed under the 8 & 9 Vict. c. 106. deed by which the same shall be effected, nor unless the deed be acknowledged by her as hereinafter directed: Provided always, that this act shall not extend to lands held by copy of court-roll of or to which a married woman, or she and her husband, in her right, may be seised and entitled for an estate at law, in any case in which any of the objects to be effected by this clause could before the passing of this act have been effected by her, in concurrence with her husband, by surrender into the hands of the lord of the manor of which the lands may be parcel. SAVING OF POWERS. 78. Provided always, and be it further enacted, That the powers of disposition given to a married woman by this act shall not interfere with any power which, independently of this act, may be vested in or limited or reserved to her, so as to prevent her from exercising such power in any case, except so far as by any disposition made by her under this act she may be prevented from so doing in consequence of such power having been suspended or extinguished by such disposition. ACKNOWLEDGMENT OF DEEDS. purpose of 79. And be it further enacted, That every deed to be executed by a married woman for any of the purposes of this act, except such as may be executed by her in the character of protector for the sole giving her consent to the disposition of a tenant in tail, shall, upon her executing the same, or afterwards, be produced and acknowledged by her as her act and deed before a judge of one of the superior courts at Westminster, or a Master in Chancery, or before two of the perpetual commissioners, or two special commissioners, to be respectively appointed as hereinafter provided. SEPARATE EXAMINATION. 80. And be it further enacted, That such judge, Master in Chancery, or commissioners as aforesaid, before he or they shall receive the acknowledgment by any married woman of any deed by which any disposition, release, surrender, or extinguishment shall be made by her under this act, shall examine her apart from her husband, touching her knowledge of such deed, and shall ascertain whether she freely and voluntarily consents to such deed; and unless she freely and voluntarily consent to such deed shall not permit her to acknowledge the same; and in such case such deed shall, so far as relates to the execution thereof by such married woman, be void. PERPETUAL COMMISSIONERS. 81. And be it further enacted, That, for the purpose of providing convenient means of taking acknowledgments by married women of CLAUSES OF THE COVERIES ACT. Not to extend to copyholds in certain cases. The powers of disposition given to a married woman by this act not to interfere with any other powers. Every deed by a not executed by her as protector, to be acknow married woman, ledged by her before a judge, & c. The judge, &c., before receiving such acknowledgment, to examine her husband. her apart from Asto the appointment of perpetual commissioners CLAUSES OF THE COVERIES ACT. for each county or place, and the making out and keeping of the lists of the commissioners and the delivery of copies. the deeds to be executed by them as aforesaid, the Lord Chief Justice of the Court of Common Pleas at Westminster shall from time to time appoint such proper persons as he shall think fit, for every county, riding, division, soke, or place for which there may be a clerk of the peace, to be perpetual commissioners for taking such acknowledgments, and such commissioners shall be removable by and at the pleasure of the said Lord Chief Justice; and lists of the names of such commissioners for the time being, with the names of their places of residence, and the counties, ridings, divisions, sokes, or places for which they shall be respectively appointed to act, shall from time to time be made out and be kept by the officer of the Court of Common Pleas at Westminster, with whom the certificates of the acknowledgments by married women are to be lodged as hereinafter mentioned; and such officer shall from time to time transmit, without fee or reward, to the clerk of the peace for each county, riding, division, soke, or place, or his deputy, a copy of the list to be so from time to time made out for that county, riding, division, soke, or place, and such officer shall deliver a copy signed by him, of the list for the time being for any county, riding, division, soke, or place, to any person applying for the same; and the clerk of the peace for each county, riding, division, soke, or place, or his deputy, shall deliver a copy, signed by him, of the list last transmitted to him as aforesaid to any person applying for the same. Power of per petual commissioners not con POWER OF PERPETUAL COMMISSIONERS. 82. Provided always, and be it further enacted, That any person appointed commissioner for any particular county, riding, division, fined to any par- soke, or place, shall be competent to take the acknowledgment of any married woman wheresoever she may reside, and wheresoever the lands or money in respect of which the acknowledgment is to be taken may be. ticular place. If, from being beyond seas, &c., a married woman be prevented from making the special commissioners to be appointed. SPECIAL COMMISSIONERS. 83. And be it further enacted, That, in those cases where, by reason of residence beyond seas, or ill-health, or any other sufficient cause, any married woman shall be prevented from making the acknowledgacknowledgment, ment required by this act before a judge or a Master in Chancery, or any of the perpetual commissioners to be appointed as aforesaid, it shall be lawful for the Court of Common Pleas at Westminster, or any judge of that court, to issue a commission specially appointing any persons therein named to be commissioners to take the acknowledgment by any married woman to be therein named of any such deed as aforesaid : Provided always, that every such commission shall be made returnable within such time, to be therein expressed, as the said court or judge shall think fit. |