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3 & 4 W. 4, returnable within such time, to be therein expressed, as the

c. 74.

When a married woman shall acknow

said court or judge shall think fit.

LXXXIV. And be it further enacted, That, when a married woman shall acknowledge any such deed as aforesaid, the judge, master in Chancery, or commissioners taking ledge a deed, the person such acknowledgment shall sign a memorandum, to be intaking the dorsed on or written at the foot or in the margin of such

acknow

ledgment to deed, which memorandum, subject to any alteration which sign a me. from time to time be directed by the court of Common

morandum

may

to the effect Pleas, shall be to the following effect; videlicet,

here men

tioned,

and also

sign a certi

taking of

such ac

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"THIS deed, marked [here add some letter or other mark, for the purpose of identification], was this day produced before me [or us] and acknowledged by ⚫ therein named to be her act and deed; previous to which acknowledgment the said was examined by me [or us], separately and apart from her husband, touching her knowledge of the contents of the said deed and her consent thereto, and declared the same to be freely and voluntarily executed by her."

And the same judge, master in Chancery, or commisficate of the sioners shall also sign a certificate of the taking of such acknowledgment, to be written or engrossed on a separate knowledg- piece of parchment; which certificate, subject to any alment, to the teration which may from time to time be directed by the mentioned. court of Common Pleas, shall be to the following effect;

effect here

videlicet,

of

and

"THESE are to certify, That, on the

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day

in the year one thousand eight hundred

before me the undersigned Sir Nicolas Conyngham Tindal, Lord Chief Justice of the court of Common Pleas at Westminster, [or before me Sir James Parke, Knight, one of the justices of the court of King's Bench at Westminster; or before me the undersigned James William Farrer, one of the masters in ordinary of the court of Chancery; or before us A. B. and C. D.

appointed for the

two of the perpetual commissioners for taking the acknow

ledgments of deeds by married women, pursuant to an

act passed in the

year of the reign of his

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c. 74.

Majesty King William the Fourth, intituled an Act [insert 3 & 4 W. 4 the title of this act]; or before us the undersigned A. B. , two of the commissioners

and C. D.

specially appointed pursuant to an act passed in the

year of the reign of his Majesty King William the Fourth, intituled an Act [insert the title of this act], for taking the Acknowledgment of any Deed by

of

of

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appeared personally

the wife

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the wife

and produced a certain indenture, marked

[here add the mark], bearing date the

day of

and made between [insert the names of the parties], and acknowledged the same to be her act and deed: And I [or we] do hereby certify, that the said

was, at the time of her acknowledging the said deed, of full age and competent understanding, and that she was examined by me [or us], apart from her husband, touching her knowledge of the contents of the said deed, and that she freely and voluntarily consented to the same."

with affida

Pleas, who

be filed of

LXXXV. And be it further enacted, That every such Certificate, certificate as aforesaid of the taking of an acknowledgment vit verifying by a married woman of any such deed as aforesaid, together the same, to be lodged with an affidavit by some person verifying the same, and the with some signature thereof by the party by whom the same shall pur-officer of port to be signed, shall be lodged with some officer of the Common court of Common Pleas at Westminster, to be appointed as shall cause herein after mentioned; and such officer shall examine the the same to certificate, and see that it is duly signed, either by some record in judge or master in Chancery, or by two commissioners appointed pursuant to this act, and duly verified by affidavit as aforesaid, and shall also see that it contains such statement of particulars as to the consent of the married woman, as shall from time to time be required in that behalf; and, if all the requisites in this act in regard to the certificate shall have been complied with, then such officer shall cause the said certificate, and the affidavit, to be filed of record in the said court of Common Pleas.

the court.

certificate,

LXXXVI. And be it further enacted, That, when the On filing certificate of the acknowlegment of a deed by a married the deed, by woman shall be so filed of record as aforesaid, the deed so relation, to acknowledged shall, so far as regards the disposition, re- from time

take effect

c. 74.

of acknow

3 & 4 W. 4, lease, surrender, or extinguishment, thereby made by any married woman whose acknowledgment shall be so certified ledgment. concerning any lands or money comprised in such deed, take effect from the time of its being acknowledged, and the subsequent filing of such certificate as aforesaid shall have relation to such acknowledgment.

The officer

the certifi

LXXXVII. And be it further enacted, That the officer with whom of the court of Common Pleas with whom such certificates cates are as aforesaid shall be lodged, shall make and keep an index lodged to make an of the same, and such index shall contain the names of the index of the married women and their husbands alphabetically arranged, and the dates of such certificates, and of the deeds to which the same shall respectively relate, and such other particulars as shall be found convenient; and every such certificate shall be entered in the index as soon as may be after such certificate shall have been filed.

same.

Officer to deliver a

which shall

LXXXVIII. And be it further enacted, That, after the copy of cer- filing of any such certificate as aforesaid, the officer with tificate filed, whom the certificate shall be lodged, shall at any time delibe evidence. ver a copy, signed by him, of any such certificate to any person applying for such copy; and every such copy shall be received as evidence of the acknowledgment of the deed to which such certificate shall refer.

Chief Jus

mon Pleas

the officer

cates shall

and the

court to

LXXXIX. And be it further enacted, That the Lord tice of Com- Chief Justice of the court of Common Pleas at Westminster, to appoint shall from time to time appoint the person who shall be the with whom officer with whom such certificates as aforesaid shall for the the certifi- time being be lodged, and may remove him at pleasure; be lodged; and the court of Common Pleas at Westminster shall also from time to time make such orders and regulutions as the make orders court shall think fit touching the mode of examination to touching the exami- be pursued by the commissioners to be appointed under nation, me- this act, 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, and touching the amount of 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, as herein-before directed, and also of the fees or charges to be paid for

moran

dums, certificates, affidavits, &c.

c. 74.

taking acknowledgments of deeds, and for examining mar, 3 & 4 W. 4, ried women, and for the proceedings, matters, and things required by this act to be had, done, and executed for completing and giving effect to such acknowledgments and examinations.

woman to

on the surrender of

ble estate

holds, as if such estate

XC. And be it further enacted, That, in every case in A married which a husband and wife shall, either in or out of court, be separatesurrender into the hands of the lord of a manor any lands ly examined held by copy of court roll, parcel of the manor, and in which she alone, or she and her husband in her right, may have an equitaan equitable estate, the wife shall, upon such surrender in being made, be separately examined by the person taking the surrender, in the same manner as she would have been were legal. if the estate to which she alone, or she and her husband in her right, may be entitled in such lands, were an estate at law instead of a mere estate in equity; and every such surrender, when such examination shall be taken, shall be binding on the married woman and all persons claiming under her; and all surrenders heretofore made of lands similarly circumstanced, where the wife shall have been separately examined by the person taking the surrender, are hereby declared to be good and valid.

Common

husband be

dispense

concur

rence, ex

the Lord

XCI. Provided always, and be it further enacted, That, if Court of a husband shall, in consequence of being a lunatic, idiot, or Pleas in the of unsound mind, and whether he shall have been found case of a such by inquisition or not, or shall from any other cause be ing lunatic, incapable of executing a deed, or of making a surrender of &c. may lands held by copy of court roll, or if his residence shall not with his be known, or he shall be in prison, or shall be living apart from his wife, either by mutual consent or by sentence of cept where divorce, or in consequence of his being transported beyond Chancellor the seas, or from any other cause whatsoever, it shall be or other lawful for the court of Common Pleas at Westminster, by trusted with an order to be made in a summary way upon the application lunatics, or of the wife, and upon such evidence as to the said court Chancery, shall seem meet, to dispense with the concurrence of the husband in any case in which his concurrence is required a settlement by this act or otherwise; and all acts, deeds, or surrenders the hus to be done, executed, or made by the wife in pursuance of band. such order, in regard to lands of any tenure, or in regard to

persons in

the court of

shall be the

protector of

in lieu of

88

c. 74.

ACT FOR THE ABOLITION OF FINES AND RECOVERIES.

3 & 4 W. 4, money subject to be invested in the purchase of lands, shall be done, executed, or made by her in the same manner as if she were a feme sole, and, when done, executed, or made by her, shall (but without prejudice to the rights of the husband as then existing independently of this act) be as good and valid as they would have been if the husband had concurred: Provided always, that this clause shall not extend to the case of a married woman where under this act the Lord High Chancellor, lord keeper, or lords commissioners for the custody of the great seal, or other the person or persons intrusted with the care and commitment of the custody of the persons and estates of persons found lunatic, idiot, and of unsound mind, or his Majesty's high court of Chancery, shall be the protector of a settlement in lieu of her husband.

Ireland.

Act may be

altered this

session.

XCII. And be it further enacted, That this act shall not extend to Ireland, except where the same is expressly mentioned.

XCIII. And be it further enacted, That this act, or any part thereof, may be altered, varied, or repealed by any act or acts to be passed in the present session of parliament.

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