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 consents 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" (i). When the deed is acknowledged (having been previously executed) the judge signs a memorandum "indorsed on or written at the foot or in the margin of such deed” in a form provided by the act (k); and also signs a certificate, "written or engrossed on a separate piece of parchment," of the taking of such acknowledgment, in a form also provided by the act (7). As this form of certificate includes a statement that the married woman was, at the time of her acknowledging the deed, "of full age and of competent understanding," the judge must satisfy himself on this point, as a statement of mere belief is insufficient (m). "Every such certificate as aforesaid of the taking of an acknowledgment by a married woman of any such deed as aforesaid, together with an affidavit by some person verifying the same, and the signature thereof by the party by whom the same shall purport to be signed," is lodged with an officer of the Court of Common Pleas, appointed by the chief justice (n). The act empowered the Court of Common Pleas from time to time to make orders and regulations touching the mode of examination, and “touching the particular matters to be mentioned in such memorandums and certificates as aforesaid, and the affidavits verifying the certificates, and the time within which any of the aforesaid proceedings shall take place" (o). Rules of Hilary Term, 1834, require the affidavit of verification to "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 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 "the place or places where such acknowledgment 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 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 reasons (i) 3 & 4 Will. 4, c. 74, s. 80. (k) Id. s. 84. (1) Id. 147. (m) See Re Coventry, 8 Scott, PART IV. CHAP XIT. PART IV. CHAP. XII. 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 or commissioners." A rule of Trinity Term, 1834, modified the above rule by ordering that "where such parts of the affidavit verifying the certificate of acknowledgment, as state the deponent's knowledge of the party making the acknowledgment and her being of full age, cannot be deposed to 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." The following is a form of affidavit of verification, to be made by the attorney or solicitor (generally the attorney acting in the matter), sworn before a commissioner of the Common Pleas:In the Common Pleas. 1. That I know H., the wife of E. F., in the certificate hereunto annexed mentioned, and that the acknowledgment therein mentioned was made by the said H., and the certificate signed by the judge of the county court in the said certificate mentioned, on the day and year therein mentioned at in the county of in my presence. 2. That at the time of making such acknowledgment the said H. was of full age and competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises, respecting which such acknowledgment was made. 3. That previous to the said H. making the said acknowledgment, I inquired of her, the said H., whether she intended to give up her interest in the estate 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 H. 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 H., I have no reason to doubt the truth, and I verily believe the same to be true (p) [or, declared that a provision was to be made for her in consequence of her giving up such her interest in the said estates]. [4. That before her acknowledgment was so taken I was satisfied, and do now verily believe, that such provision has been made by deed [or, writing, or, that the terms thereof have been reduced into writing];] 4 [or 5]. That it appears by the deed acknowledged by the said H. (p) As to this statement (required by Rules of Hilary Term, 1834), see In re Dowling, 18 C. B. Rep., Ñ. S. 223; S. C., nom. In re Dorning, 34 L. J. (N. S.) C. P. 173. that the premises wherein she is stated to be interested are described to be in the [parish] of in the county of Sworn at day of Before me, in the county of this PART IV. CHAP. XII. Although strict compliance with the rules is in general required, yet as the rules are not in the nature of an enactment, but only as a guide, they can and will be modified by the court in very exceptional cases (q). The affidavit and certificate are generally transmitted through the London agents of the attorney to the officer of the Court of Common Pleas for inrolment. By Rule 6 of Hil. Term, 1834, these documents must be delivered within one month from the making the acknowledgment. Nevertheless, where several years had elapsed between the making the acknowledgment and the taking the certificate to the office for enrolment, the court allowed it to be received by the officer for that purpose on the delay being accounted for and shown to have been unintentional, and on the court being satisfied as to how the property had been dealt with, and the purpose for which the certificate was wanted to be enrolled (r). The following note is appended to the County Court (Common Law) Rules, 1868: "It is considered to be unnecessary to give any rules with respect to taking acknowledgments of married women, as it is the duty of the attorney employed to prepare the certificate and affidavit, and swear to the latter; and the course to be followed by the judge is laid down in the act 3 & 4 Will. 4, c. 74. The only duty for the registrar to perform, besides that of swearing the attorney to the affidavit (s), is that of putting his initials against all ALTERATIONS, INTERLINEATIONS, or ERASURES either in the CERTIFICATE or AFFIDAVIT" (t). A treasury order (u) provides the following court fee:For taking the acknowledgment of a married woman (q) See In re Packer, 39 L. J. (N. S.) C. P. 238. In that case the acknowledgment had been taken twelve years before and not filed, and the woman and the commissioners were now dead. The court allowed the certificate to be received for enrolment on an affidavit of an attorney verifying the signatures under sect. 85, and an affidavit of the husband as to the other matters required to be deposed to. See also, Re Hall, 19 C. B. Rep., N. S. 369; Ex parte Stevens, 3 Hodges, 13. £1 0 0 (r) Re Edge, 35 L. J. (N. S.) C. P. 263. (8) The registrar cannot take the affidavit quà registrar. He can only do so if he is a commissioner to take affidavits in the Common Pleas. (t) It seems, however, that the initials to the certificate should be those of the judge, not of the registrar; and, in the case of the affidavit, the commissioner before whom it is sworn must initial the alterations, &c. (u) Order of Commissioners of her Majesty's Treasury regulating Fees, 30th December, 1867. L PART V. ADMIRALTY JURISDICTION OF THE COUNTY COURTS. CHAPTER I. JURISDICTION IN MARITIME CASES BEFORE THE COUNTY COURTS ADMIRALTY JURISDICTION ACT, 1868. § 1.-OF THE NATURE AND JURISDICTION OF ADMIRALTY CASES IN GENERAL. § 2. THE ARREST OF FOREIGN SHIPS UNDER "THE MERCHANT SHIPPING ACT, 1854." §3.-COUNTY COURT JURISDICTION IN SALVAGE CASES UNDER THE MERCHANT SHIPPING ACTS, 1854 AND 1862. § 1.-OF THE NATURE AND JURISDICTION OF ADMIRALTY CASES IN GENERAL. THE original jurisdiction of the county courts was confined (with the exceptions of balance of partnership accounts and legacies and distributive shares) to "pleas of personal actions" (a). Those courts, therefore, had no jurisdiction over matters cognizable by the admiralty courts. Another reason, moreover, prevented county courts having jurisdiction in such matters. Admiralty cases, strictly speaking, could not arise within the precincts of any county, and therefore not within any district established under the County Courts Acts, the districts consisting only of counties and parts of counties (b). (a) See ante, Vol. I. p. 28. (b) "The main or high seas are part of the realm of England, for thereon our courts of admiralty have jurisdiction, as will be shown hereafter; but they are not subject to the common law. This main sea begins at the low-water mark. But between the high-water mark and the low-water mark, where the sea ebbs and flows, the common law and the admiralty have divisum imperium, and alternate jurisdiction; one upon the water, when it is full sea; and the other upon land, when it is an ebb." 1 Bla. Comm. 110; see also Constable's case, 5 Co. Rep. 106. Creeks and inland seas, however, are within the body of the adjoining counties. Thus the Bristol Channel is part of the counties by the shores of which it is bounded namely, Somerset and Glamorganshire In order to a clear view of this matter it is desirable to refer somewhat more fully to the ordinary admiralty jurisdiction. PART V. СНАР. І. diction. "The courts maritime, or admiralty courts," says Mr. Justice Original adBlackstone, “have jurisdiction and power to try and determine all miralty jurismaritime causes; or such injuries, which, though they are in their nature of common law cognizance, yet being committed on the high seas, out of the reach of our ordinary courts of justice, are therefore to be remedied in a peculiar court of their own. All admiralty causes must be, therefore, causes arising wholly upon the sea, and not within the precincts of any county. For the statute 13 Ric. II. c. 5, directs that the admiral and his deputy shall not meddle with any thing, but only things done upon the sea; and the statute 15 Ric. II. c. 3, declares that the court of the admiral hath no manner of cognizance of any contract, or of any other thing, done within the body of any county, either by land or by water; nor of any wreck of the sea; for that must be cast on land before it becomes a wreck. But it is otherwise of things flotsam, jetsam and ligan; for over them the admiral hath jurisdiction, as they are in and upon the sea. If part of any contract, or other cause of action, doth arise upon the sea, and part upon the land, the common law excludes the admiralty court from its jurisdiction; for, part belonging properly to one cognizance and part to another, the common or general law takes place of the particular. Therefore, though pure maritime acquisitions, which are earned and become due on the high seas, as seamen's wages, are one proper object of the admiralty jurisdiction, even though the contract for them be made upon land (c); yet, in general, if there be a contract made in England and to be executed upon the seas, as a charterparty or covenant that a ship shall sail to Jamaica, or shall be in such a latitude by such a day; or a contract made upon the sea to be performed in England, as a bond made on ship board to pay money in London or the like; these kinds of mixed contracts belong not to the admiralty jurisdiction, but to the courts of common law" (d). "Where the admiral's court hath not original jurisdiction of the cause, though there should arise in it a question that is proper for the cognizance of that court, yet that doth not alter nor take away the exclusive jurisdiction of the common law. And so vice versâ, if it hath jurisdiction of the original, it hath also jurisdiction of all consequential questions, though properly determinable at common law" (e). respectively. The Queen v. Cunningham, 1 Bell, C. C. R. 66; 28 L. J. (Ñ. S.) M. C. 66. So the sea between the Isle of Wight and Hampshire is all within the county of Southampton. Per Wightman, J., S. C. (c) But now no suit or proceeding for the recovery of wages under 50%. can be instituted in the admiralty or (d) 3 Bla. Comm. 106, 107. (e) Id. p. 108. Blackstone further says, that "In case of prizes also in time of war, between our own nation |