ACKNOWLEDGMENT, of Lease and Release, by SEVERAL MARRIED WOMEN, before Perpetual Commissioners. MEMORANDUM. THIS DEED (202), marked A., was this day produced before day of (Signed by the Commissioners). CERTIFICATE (203). Memorandum -lease and release. Certificatelease and release several married women. THESE are to certify, that, on the year one thousand eight hundred and day of, in the Before us, Thomas (202) Where a married woman is a conveying party to deeds of lease and release, there must be a memorandum upon each of the deeds, though in point of legal effect they form but one assurance, and may be included in the same certificate and affidavit. (203) In this case several married women acknowledge deeds of lease and release. Vide Rule of Trinity Term, 1834, which is a little obscure. Where the wife's freehold or inheritance is intended to pass, it is proper that she should join in, and acknowledge, both the lease and release; first, because the wording of the act of 3 & 4 Will. 4, c. 74, s. 77, ("as fully and effectually as she could do if she were a feme sole"), admits of a doubt whether the act has rendered her simple deed, as such, effectual, or has only endowed her, under certain conditions, with capacity to convey by the ordinary modes of assurance; and, secondly, because her execution of both instruments renders the conveyance effective independently of the marriage. But where the wife has a mere title to dower, or an estate or interest which the deed of release is in itself adequate to pass, it would of Ward, of Grantham, in the county of Lincoln, Gentleman, and course be supererogatory to make her a party to the lease for a year. It sometimes happens that one married woman conveys by the lease and release, while another conveys by the release only. Thus, A., a married woman, and B., a married man, are tenants in common in fee, and the wife of B. is dowable; so that the wife of A. joins in both the lease and release to pass the inheritance of one moiety, while the wife of B. joins in the release only to extinguish her title to dower out of the other moiety. In this case, it would simplify the acknowledgment, though it would not be strictly accurate, to make both the married women parties to both deeds. Where that is not done, the next form (p. 224) must be adopted. (204) If the same persons, who are parties to the release, are also parties Certificateto the lease for a year, then, instead of the words "the lease made lease and rebetween &c., and the release made between" &c., say, "and respectively made between" &c. (205) The form of certificate prescribed by the act requires the insertion of the names only of the parties. (206) Vide notes to the Rules, post, 237. lease. petent understanding, and that each of them was examined by us apart from her husband touching her knowledge of the contents of the said deeds, and that each of them freely and voluntarily consented to the same. (Signed by the Commissioners). ACKNOWLEDGMENT of Lease by several Married Women, and of Release by the same, and by other Married Women. CERTIFICATE. THESE day of in the of are to certify, that, on the year one thousand eight hundred and the city of, Gentleman, and, of the same city, Gentleman, two of the Perpetual Commissioners appointed for the city of, and county of the same city, for taking the acknowledgment of deeds by married women pursuant to an act passed in the third and fourth years of the reign of his 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, Caroline, the wife of William C―, and Anne, the wife of Caleb B—, and produced a certain indenture of release marked A., bearing date the day of instant, and made between George S-, Joseph B, John B, Thomas B, Joel B- the said Caleb B- and Anne his wife, the said William C—, and Caroline his wife, and Robert W, of the one part; and Frederick C—, of the other part; and acknowledged the same to be their respective acts and deeds; and also appeared personally, Elizabeth, the wife of George S, Hannah, the wife of Joseph B, Mary, the wife of John B, Sarah, the wife of Thomas B, Eliza, the wife of Joel B——, the said Anne, the wife of Caleb B, and the said Caroline, the wife of William C, and produced a certain indenture of release marked B., (grounded on the said indenture of lease), bearing date the instant, and day of made between the said George S― and Elizabeth his wife, and Henry C, of the third part; and the said Frederick (Signed by the Commissioners). ACKNOWLEDGMENT before a JUDGE or MASTER, where a THIRD PERSON, being a practising Attorney, deposes to all the Facts. AFFIDAVIT (207). IN THE COMMON PLEAS (208). JOHN GRANT, of Lombard Street, in the city of London, Gentleman, one of the Attornies of the Court of maketh (207) The affidavit must be on parchment, and have a 2s. 6d. stamp. (208) The affidavit must, even in Ireland, be sworn before a Commissioner of the Court of Common Pleas in England. (In the matter of Anderson's acknowledgment, 2 Bing. N. C. 435). In the case of an acknowledgment taken beyond the seas before special commissioners, (vide 3 & 4 Will. 4, c. 74, s. 83), the certificate of a British Consul, that the affidavit of acknowledgment was sworn before commissioners duly appointed, Locality of parcels. oath and saith, that he knows Jane, the wife of John Ball, in uary, 1836. Before me. (Signed) John Grant. is sufficient. (In the matter of the Trustees of Mrs. Barber, 2 Bing. N. C. 268). (209) This clause requiring the localities to be stated, revives one of the inconveniences of the abolished assurances, and seems to be an unauthorized interference with the frame of the deed. |