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Acknowledg

ment by Married

Women.

Charges under the Act 3 & 4 Will. 4, c. 74 (the Fines and

Recoveries Act). For the endorsements on deeds required by the £ s. d. Fines and Recoveries Act, to be entered on the court rolls of manors of the memorandum of production and memorandum of entry on Court Rolls, to be signed by the lord steward or deputy steward, each indorsement of memorandum 58., together

0 10 0 For the entries on the court rolls of deeds and the indorsements thereon, at per folio of 72 words ...... 0 0 6

For taking the consent of each protector of settlement of lands

0 13 4 For taking the surrender by each tenant in tail of lands ....

0 13 4 For entries of such surrenders or the memorandums thereof in the court rolls, at per folio of 72 words .. 0 0 6

9. The following Rules and Orders are hereby repealed, except as to certificates not lodged before the 1st January, 1883, of acknowledgments by married women of deeds executed before the 1st January, 1883, and the affidavits relating thereto:

The General Rules of the Court of Common Pleas, Hil. Term, 1834.

The General Rules of the Court of Common Pleas, Trin. Term, 1834.

The General Order of tho Court of Common Pleas, dated the 24th November, 1862.

The General Order of the Court of Common Pleas, dated the 13th January, 1863.

10. These Rules shall take effect from and after the 31st December, 1882.

And by the “Order as to Court Fees,” issued at the same time, the following fees are henceforth made chargeable under the Fines and Recoveries

Act(1):

£ s. d. For taking the acknowledgment of a married woman by a judge of the High Court of Justice ...

100 To a perpetual commissioner for taking the acknowledgment of a married woman when not required to go further than a mile from his residence

.. 0 13 4

(7) Upon a sale (in the absence of stipulation to the contrary) the vendor pays the costs of taking the acknowledgment of a married woman: Dart, V. & P. p. 707.

Acknowledg.

ment by Married

Women.

search

To a perpetual commissioner when required to go £ s. d. more than one mile, but not more than three miles, besides his reasonable travelling expenses ...

1 1 0 To a perpetual commissioner where the distance exceeds three miles, besides his reasonable travelling expenses

2 2 0 Where more than one married woman at the same time acknowledges the same deed respecting the same property, these fees are to be taken for the first acknowledgment only, and the fees to be taken for the other acknowledgment or acknowledgments, how many soever the same may be, shall be one-half of the original fees, and so also where the same married woman shall at the same time acknowledge more than one deed respecting the same property. To the clerk of the peace or his deputy for every

0 1 0 To the same for every copy of a list of commissioners, provided such list shall not exceed the number of 100 names

0 5 0 To the same for every further complete number of 50 names, an additional

0 2 6 official

copy

of a list of commissioners, provided such list shall not exceed the number of 100 names

0 5 0 For every further complete number of 50 names, additional.....

0 2 6 For preparing every special commission

1 0 0 For examining the certificate and affidavit, and filing, and indexing the same

.. 0 5 0 Upon the return of a special commission to the central office.....

0 5 0 For every search in the registry of certificates of acknowledgments of deeds by married women

0 1 0 For enrolling recognizances, deeds, and other instruments, per folio of 72 words, including the certificate of enrolment endorsed on the instrument, but not including maps, plans, and drawings, which are to be charged at their actual cost ....

... 0 1 0 For endorsing a certificate of enrolment on a duplicate of any enrolled instrument, for each folio of the instrument if it does not exceed 24 folios ....

.. 0 0 6 For the like certificate if the instrument exceeds 24 folios ...

0 120

For every

For office copies of enrolled instruments, per folio £ s. d. Acknowledg

ment of 72 words ...

0 0 6

by Married For examining copies of enrolled instruments and

Women. marking them as office copies, per folio of 72 words .. 0 0 2

By 20 & 21 Vict. c. 57, commonly called Malins' Stat. 20 & 21

Vict. c. 57. Act, it is enacted that,

Sect. 1. “After the 31st day of December, 1857, it shall be Married lawful for every married woman by deed to dispose of

women may every

dispose of future or reversionary interest, whether vested or contingent, of reversionary such married woman, or her husband in her right, in

interests in any

personal personal estate whatsoever (m), to which she shall be entitled estate, and

release powers under any instrument made after the said 31st of December,

over such 1857 (n), (except such a settlement as after mentioned), and also estate, and to release or extinguish any power which may be vested in or

also their

rights to a limited or reserved to her in regard to any such personal estate, settlement out as fully and effectually as she could do if she were a feme sole (0), of such estate

in possession. and also to release and extinguish her right or equity to a settlement out of any personal estate to which she, or her husband in her right, may be entitled in possession under any such instrument as aforesaid, save and except that no such disposition, release or extinguishment shall be valid unless the husband concur in the deed by which the same shall be effected, nor unless the deed be acknowledged by her as hereinafter directed; provided always, that nothing herein contained shall extend to any reversionary interest to which she shall become entitled by

(m) See above, pp. 227—231, as to powers of disposing of reversionary personal property.

(n) She can only dispose of property coming to her under an instrument, and therefore not of a reversion under an intestacy. The instrument must have been made before the 31st of December, 1857.

Where the married woman claimed under an appointment executed since the Act, under a power created before the Act, it was held that the instrument under which she was entitled was the instrument creating the power, not the instrument executing it: Re Butler's Trusts, I. R., 3 Eq. 138. And see Clarke v. Green, 2 H. & M. 474; and see ante, p. 214.

(0) The disposition is the married woman's, and not the husband's. Thus, where a married woman, whose husband was indebted to a testator, had assigned her reversionary interest under his will, by this

Act the executors could not retain : In re Batchellor, L. R., 16 Eq. 481, followed in Re Jakeman's Trusts, 23 Ch. D. 344. It was decided in that case that the husband was not precluded by his bankruptcy from concurring in his wife's conveyance.

mauner re

Acknowledg- virtue of any deed, will or instrument, by which she shall be by Married restrained from alienating or affecting the same.”

Women, Sect. 2. “Every deed to be executed in England or Wales (p) Deeds to be by a married woman for any of the purposes of this Act shall be acknowledged acknowledged by her, and be otherwise perfected, in the manner by married women in the by the Act 3 & 4 Will. 4, c. 74, prescribed for the acknowledg

ment and perfecting of deeds disposing of interests of married quired by 3 & 4 Will. 4, women in land (9); and every deed to be executed in Ireland (p) c. 74, for dis- by a married woman for any of the purposes of this Act shall be posing of interests in or

acknowledged by her and be otherwise perfected in the manner powers over by the Act 4 & 5 Will. 4, c. 92, prescribed for the acknowledgland in Englandor Wales; ment and perfecting of deeds disposing of interests of married In Ireland, as

women in land (9), and all and singular the clauses and proby 4 & 5 Will. visions in the said Acts concerning the disposition of lands by 4, c. 92.

married women, including the provisions for dispensing with the concurrence of the husbands of married women, in the cases in the said Acts mentioned, shall extend and be applicable to such interests in personal estate, and to such powers as may be disposed of, released, or extinguished by virtue of this Act, as fully and effectually as if such interests or powers were interests in or

powers over land." The powers of Sect. 3. “Provided always, that the powers of disposition disposition given by this given to a married woman by this Act shall not interfere with Act not to in- any power which independently of this Act may be vested in or terfere with

limited or reserved to her, so as to prevent her from exercising powers. 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 extin

guished by such disposition." Act not to Sect. 4. “Provided always, that the powers of disposition hereby extend to settlements of

given to a married woman shall not enable her to dispose of any married interest in personal estate settled upon her by any settlement or

any other

(p) Where a married woman is domiciled abroad her right to dispose of interests in personal property is regulated by the lex domicilii : Guepratte v. Young, 4 De G. & S. 217; Duncan v. Cannan, 18 Beav. 128.

(9) It is presumed that the new procedure introduced by the Conveyancing Act, 1882, applies to this Act (though there is no reference to it), as well as to the Fines and Recoveries Act, set out above, p. 242. By the Conveyancing Act, 1882, sect. 7 (1), the 3 & 4 Will. 4, c. 74, is now to be read as if one commissioner were substituted for two, and, therefore, in future, the manner prescribed for the acknowledgment and perfecting of deeds by 3 & 4 Will. 4, c. 74, is acknowledgment before one commissioner. In respect to its operation on Malins' Act, the Conveyancing Act cannot be said to be very happily drawn.

agreement for a settlement made on the occasion of her mar- Production of

Deeds. riage”(r). Sect. 5. “ This Act shall not extend to Scotland."

women upon marriage.

Not to extend 2. ACKNOWLEDGMENT OF RIGHT TO PRODUCTION OF

to Scotland. DEEDS. The Conveyancing and Law of Property Act, 1881, contains provisions intended, in cases where documents are retained by vendors, to supersede the covenants for production formerly used by shorter and simpler forms of41) acknowledgment of the purchaser's right to production and delivery of copies of the documents retained, and (2) undertaking for safe custody of such documents.

These provisions are as follows:Sect. 9.-“(1) Where a person retains possession of documents, Acknowledgand gives to another an acknowledgment in writing of the right ment of right

to production, of that other to production of those documents, and to delivery and underof copies thereof (in this section called an acknowledgment), taking for safe that acknowledgment shall have effect as in this section pro- documents. vided.

"(2) An acknowledgment shall bind the documents to which it relates in the possession or under the control of the person who retains them, and in the possession or under the control of every other person having possession or control thereof from time to time, but shall bind each individual possessor or person as long only as he has possession or control thereof; and every person so having possession or control from time to time shall be bound specifically to perform the obligations imposed under this section by an acknowledgment, unless prevented from so doing by fire or other inevitable accident.

“(3) The obligations imposed under this section by an acknowledgment are to be performed from time to time at the request in writing of the person to whom an acknowledgment is given, or of any person, not being a lessee at a rent, having or claiming

(n) A husband and wife, in contemplation of their marriage, executed an agreement to settle a fund of the wife's for her separate use, to return to the husband if he should survive. It was held, that the meaning of the agreement was that the fund was to be preserved during the coverture, and that the wife would take an absolute interest, if she should survive ; and it was further held, that such reversionary interest of the wife was within the exception contained in this section : Clarke v. Green, 2 H. & M. 474; see ante, pp. 214, 249.

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