No. I. 3 & 4 W. 4, c. 74. it is intended that provision is to be made for any such married woman, then the commissioners shall not take her acknowledgment until they are satisfied that such provision has been actually made by some deed, or writing produced to them, or if such provision shall not have been actually made before, then the commissioners shall require the terms of such intended provision to be shortly reduced into writing, and shall verify the same by their signatures in the margin, at the foot, or at the back thereof. And it is hereby further ordered, That the affidavit verifying the certificate to be made pursuant to the said act, and which certificate shall be in the form contained in the said act shall (except in such cases where the acknowledgment shall be taken elsewhere than in England, Wales or Berwick-upon-Tweed) be made by some practising attorney or solicitor of one of the courts at Westminster, or of one of the counties palatine of Lancaster or Durham, and that in all cases it shall be deposed in addition to the verification of the said certificate, that the deponent (or if more than one person join in the affidavit), that one or more of the deponents knew the person or persons making such acknowledgment: and that at the time of making such acknowledgment, the person or persons making the same was or were of full age and competent understanding; and that one at least of the commissioners taking such acknowledgment, to the best of his deponent's knowledge and belief, is not in any manner interested in the transaction giving occasion for the taking of such acknowledgment, or concerned therein, as attorney, solicitor or agent, or as clerk to any attorney, solicitor or agent so interested or concerned; and that the names and residences of the said commissioners, and also the place or places where such acknowledgment or acknowledgments shall be taken, shall be set forth in such affidavit: And that previously to such acknowledgment being taken, the deponent had inquired of such married woman (or if more than one of each of such married women), whether she intended to give up her interest in the estate to be passed? and also the answer given thereto; and where any such married woman in answer to such inquiry shall declare that she intends to give up her interest without any provision, the deponent shall state that he has no reason to doubt the truth of such declaration, and he verily believes the same to be true. And where any provision has been agreed to be made, the deponent shall state that the same has been made by deed or writing, or if not actually made before, that the terms of the intended provision have been reduced into writing, which deed or writing he verily believes has been produced to the said (judge) (master, or) commissioners. And it is hereby further ordered, That the affidavit shall state the parish or several parishes, or place or several places, and the county or counties in which the several premises wherein any such married woman shall appear to be interested shall by deed be described to be situate. And it is hereby further ordered, That the affidavit shall be in the form hereunto annexed, subject to such variations as the circumstances of the case shall render necessary, or such affidavit may be made where it is found convenient by one of the said commissioners, with such variation in the form thereof as shall be necessary in that behalf. And it is hereby further ordered, that the certificates and affidavits verifying the same shall, within one month from the making the acknowledgment, be delivered to the proper officer appointed under the said act; and that the officer shall not after that time receive the same without the direction of the court or a judge. And it is hereby further ordered, That the fees or charges to be paid for the copies to be delivered by the clerks of the peace, or their deputies, or by the officer of the said court, and for taking acknowledgments of deeds, and for examining married women, and for the proceedings, matters and things required by the said act to be had, done, and executed, for completing and giving effect to such acknowledgments and examinations, shall be as follows: To a judge or master for taking the acknowledgment of every married woman, of which 7s. 6d. will be paid in the case of a judge, to his clerk, and the residue thereof will be paid over to the treasury; and in the case of a master, the whole will be paid over to the treasury, or the fee fund account of the court of chancery To the two perpetual commissioners for taking the acknowledgment of every married woman, when not required to go further than a mile from their residence, being 13s. 4d. for each commissioner... To each commissioner, when required to go more than one mile, but not exceeding three miles, besides his reasonable travelling expenses To each commissioner, where the distance required shall exceed three miles, besides his reasonable travelling expenses... To the clerk of the peace, or his deputy, for every search To the same, for every copy of a list of commissioners, pro- To the officer, for every search To the same, for every official copy of the certificate To the same, for every official copy of a list of commissioners, provided such list shall not exceed the number of 100 names To the same, for every further complete number of 50 names additional To the same, for preparing every special commission, including a fee of 5s. to the clerk of the chief justice or other judge for the fiat .... 606 212 000 050 To the same, for examining the certificate and affidavit, and For the indorsements on the deed 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 5s., together.. 0 0 6 For the entries on the court rolls of deeds, and the indorse- 0 0 6 N. C. TINDAL. J. B. BOSANQUET. No. I. 3 & 4 W. 4, c. 74. No. I. 3 & 4 W. 4, c. 74. FORM OF AFFIDAVIT verifying the certificate of acknowledgment taken in pursuance of the act of parliament to be made by some practising attorney or solicitor, and to be sworn before a judge of the court of common pleas, or a commissioner appointed for taking affidavits in the said court. In the common pleas— of gentleman, one of the attornies [or solicitors] of the court in the of was and the certificate signed by the judge or master, or by A. B. of &c. and C. D. of &c. the commissioners in the said certificate mentioned, on the day and year therein mentioned, at in the presence of this deponent, and that at the time of making such acknowledgment the said of full age and competent understanding, and that the said 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 to the best of this deponent's knowledge and belief, This is to be neither of the said commissioners is (or the said A. B. or the omitted said C. D. one of the said commissioners is not) 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 further saith, that previous to the said [the married woman] making the said acknowledgment, he this deponent inquired of the said [the married woman] or and when acknowledg- or master. if more than one, of each of them the said [the married women] 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 the said [the married woman] declared that she did intend to give up her [the married woman] that the premises wherein she is stated of of Sworn, &c. and or counties [as the case may be]. N. B. When the whole of the facts cannot be spoken to by one deponent, variations may be made to enable more than one deponent to state their respective parts of the affidavit. The following additional rules were made in Trinity term 1834: "It is ordered, That from and after the last day of this term, where such parts of the affidavit, verifying the certificate of acknowledgment, taken in pursuance of the late act of parliament respecting fines and recoveries, as state the deponent's knowledge of the party making the acknowledgment, and her being of full age, cannot be deposed by a commissioner, or by an attorney or solicitor, the same may be deposed to by some other person, whom the person before whom the affidavit shall be made shall consider competent so to do. "And it is further ordered, That where more than one married woman shall at the same time acknowledge the same deed respecting the same property, the fees directed by the said rules to be taken, shall 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. "And where, in either of the above cases, there shall be more than one acknowledgment, all such acknowledgments may be included in one certificate and affidavit. "In every case the acknowledgment of a lease and release shall be considered and paid for as one acknowledgment only." No. I. 5 & 6 W. c. 74. PART II. CLASS XI. WILLS. [In 1833, the real property commissioners made a report upon the subject of wills, to which they appended a variety of propositions, one of their principal objects being the reduction of the law to a uniform standard with respect to the execution and time of operation of wills of real and personal estate. A bill founded upon their report passed the House of Commons during the last year, and it will, in all probability, be again brought forward in the ensuing session. For the act disposing of the residues of the personal estates of testators not bequeathed by their wills, see Part III., Class XIII. Executors.] PART II. CLASS XII. LAND REVENUE OF THE CROWN. [No. I.] 1 & 2 W. IV. c. 5.-An Act to enable his Majesty to make Leases, Copies, and Grants of Offices, Lands, and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same. [30th July 1831.] WHEREAS his most excellent Majesty now stands seised of the duchy of Cornwall and the possessions thereof: And whereas some doubts may arise in relation to his Majesty's making of leases and grants of offices, lands, and hereditaments, parcel of his said duchy, or thereunto annexed or belonging: For obviating whereof, and for the ease and quiet of the minds of such persons as have taken or shall hereafter take leases from his said most excellent Majesty, and to the end that such persons may be sure to have good and indefeasible estates, and be encouraged to lay out monies in building and repairing or otherwise improving the several lands and tenements to them demised His Majesty or to be demised; be it therefore enacted, That during such time as the may authorize said duchy of Cornwall shall remain vested in his Majesty, it shall and certain persons to grant leases, may be lawful for his Majesty, from time to time, by warrant under his &c. of lands sign manual, to be counter-signed by any three or more of the commisand execute sioners of his Majesty's treasury of the United Kingdom of Great Britain appointments and Ireland, to authorize such and so many of the regular officers of the in the duchy of said duchy, who by virtue of their several appointments and offices are Cornwall. concerned in the general superintendence and management of the revenues and affairs of the said duchy, being not more than five and not less than three in number, as his Majesty may think fit, to demise or lease, in his Majesty's name and on his Majesty's behalf, by deed under the hands and seals of any two or more of them, all and every the manors, messuages, parks, tenements, lands, and hereditaments, parcels of the possessions of the said duchy of Cornwall, or annexed to the same, provided that the lessee or lessees in such leases respectively to be named do and shall duly execute a counterpart or counterparts of the lease or leases so to be made to him, her, or them respectively; and also to constitute and appoint, in his Majesty's name and on his Majesty's behalf, by deed or other instrument executed by any two or more of them, all such persons as shall be specially named by his Majesty to be stewards, commissioners for assessing the ancient duchy lands and tenements, or other officers of the said duchy, during his Majesty's pleasure, and also to pass the accounts of all receivers, bailiffs, and collectors accounting for the revenues of the said duchy; and all such leases or grants so made or to be made of any manors, messuages, parks, tenements, lands, or hereditaments, by virtue of such warrant, shall be good and effectual in law, according to the purport and contents thereof, against our sovereign lord the king, his heirs and successors, and against all and every other person or persons that shall at any time hereafter have, inherit, or enjoy the said duchy, by force of any act of parliament, or by other limitations whatsoever : Provided always that every such lease or grant so made or to be made of any manors, messuages, parks, tenements, lands, or hereditaments, in pos Terms of leases. |