Acknowledgments, how to be made. a deed acknowledged under the Fines and Recoveries Act. (May v. Roper, 4 Sim. 360; Briggs v. Chamberlain, 18 Jur. 56; Tuer v. Turner, 3 W. R. 583). The acknowledgment by a married woman is by the act required to be made before a Judge of one of the superior Courts of Westminster, or a Master in Chancery, or before two perpetual Commissioners, to be appointed by the Lord Chief Justice of the Court of Common Pleas (ss. 79. 81. of Fines and Recoveries Act), or by special Commissioners to be appointed in the manner therein provided in those cases where, by reason of residence beyond seas, or ill health, or any other sufficient cause, she is prevented from making her acknowledgment before a Judge, Master in Chancery, or any perpetual Commissioners (ss. 79. 83). The Judge, Master in Chancery or Commissioners taking the acknowledgment, must sign a memorandum, to be endorsed on or written at the foot or in the margin of the deed, and must also sign a certificate of the taking of such acknowledgment, to be written or engrossed on a separate piece of parchment, and such memorandum and certificate respectively must be in the forms specified in the act, subject to any alteration which may from time to time be directed by the Court of Common Pleas (s. 84.) Every such certificate, together with an affidavit by some person verifying the same, and the signature thereof by the party by whom the same purports to be signed, is then to be lodged with the proper officer of the Court of Common Pleas for this purpose, who is directed, after satis fying himself that the requisitions of the act have been complied with, in manner therein mentioned, to cause the certificate and the affidavit to be filed of record in the Court of Common Pleas (s. 85.) When this is done the deed will take effect from the time of the acknowledgment (s. 86.) complete. The title of a purchaser from a married woman Title, when is not complete until the certificate of the acknowledgment is filed of record in the Court of Common Pleas. (Jolly v. Hancock and another, 22 L. J. 38, Exch.) Hilary Term. By the rules of Hilary Term (4 Wm. 4), it is, Orders of amongst other things, ordered, that one at least of the Commissioners appointed under the act for taking acknowledgments shall be a person who is not in any manner interested in the transaction or concerned therein as attorney, solicitor or agent, or as clerk to any attorney, solicitor or agent so interested or concerned. And before the Commissioners receive any such acknowledgment thereof, or in case one of them is interested or concerned as aforesaid, then such one of them as is not so interested or concerned must inquire of the married woman, separately from her husband, and from the attorney or solicitor concerned in the transaction, whether she intends to give up her interest in the estate to be passed by such deed without having any provision made for her in lieu, or in consequence of her giving up such interest, and, if so, they are to proceed with the acknowledgment; but if it appears that it is intended that provision is to be made for her, the acknowledgment is not to be taken before such Affidavit verifying certificate. Husband's marital right. provision has been actually made by some deed in writing produced to the Commissioners. The 17 & 18 Vict. c. 75. provides that no deed acknowledged or to be acknowledged by a married woman, shall be impeached at any time after the certificate of acknowledgment has been filed of record in the Court of Common Pleas, by reason only that the Judge, Master in Chancery, or Commissioners, or either of them, was or were interested or concerned either as a party or parties, or as attorney or solicitor, or clerk to the attorney or solicitor of one of the parties, or otherwise in the transaction giving occasion for such acknowledgment. The affidavit verifying the certificate to be made pursuant to the act may be made by some practising attorney or solicitor of one of the Courts of Westminster, or one of the counties palatine of Lancaster or Durham, or by one of the Commissioners, provided he be a practising attorney, and one of the Commissioners has no interest in the matter. (Re Scholfield, 3 Bing. N. C. 293). In addition to the verification of the certificate, the affidavit must contain a statement of certain particulars set forth in the fourth order. Whatever disposition is made by the husband of the wife's personalty, whether in possession or reversion, during the coverture (except so far as the same may have been settled to her separate use), must be in virtue of the interest which he acquires therein, or of the power which he acquires over them, in his marital right. choses in to a settle The choses in action of the wife may be paid or Payment of transferred to the husband, by the person in whose action. hands or name they are, at any time before proceedings have been instituted for a settlement, and no equity for a settlement could thereafter be maintained in respect of the money or funds so paid or transferred; but where the husband has no title at wife's equity law, and can only reach his wife's choses in action ment. through the interposition of a Court of equity, he will be obliged to make a reasonable provision thereout for his wife and children. (Elibank v. Montolieu, 5 Ves. 737; Vaughan v. Buck, 20 L. J. N. S. Ch. 335). In re Cutler's Trust, (20 L. J. N. S. Ch. 504), the Court settled a sum under £200; and in re Kincaid's Trust (22 L. J. 395. Ch.), the Court settled the whole of a fund under £200 on the wife and children as against the assignees of her husband, who had become a bankrupt, on being supplied with an affidavit of no settlement having been made upon the marriage, and that the wife had no fund out of which to maintain herself. wife is able, however, to waive her right to a settlement upon being examined and consenting in Court. The reasonableness of the provision will depend upon all the circumstances, such as the provision that may have been already made upon her, and the amount of property of the wife, of which her husband may have previously possessed himself. (See Coster v. Coster, 9 Sim. 602; Green v. Otte, 1S. & St. 250; Gardner v. Marshall, 14 Sim. 575). The equity to a settlement depends on the husband's right to present possession of his wife's property, and cannot be claimed in respect of a The Married woman may disclaim. Husband's privilege executrix. reversionary interest so long as it remains reversionary. (Osborn v. Morgan, 21 L. J. 318. Ch.) Doubts have been entertained whether, under the Fines and Recoveries Act, a married woman could disclaim a trust. The 8 & 9 Vict. c. 106. s. 7., however, expressly empowers her to disclaim by deed made conformably to the provisions of the Fines and Recoveries Act. The husband being answerable for his wife's acts, where wife is she cannot undertake the office of executrix without his consent, nor give discharges for payments made to her in this character. The husband in his marital right is entitled to dispose of the personal estate vested in his wife as executrix, or to release debts due to the testator's estate. (Williams on Executors, pt. 3, bk. 1, ch. 4; Thrustout v. Coppin, 2 W. Bl. 800; 1 Bright's Husb. & Wife, 40.) ASSIGNMENT OF LEASE HOLDS AND FIXTURES FOR MAR- Parties. No. XXIV. ASSIGNMENT of LEASEHOLD PREMISES and Fix- THIS INDENTURE, made the day of BETWEEN A. B. of &c. [vendor], of the first part, C. D. of &c., and E. F., his wife [purchaser], of the second part, and G. H. of &c. Recite lease. [trustee], of the third part: WHEREAS by an indenture of lease, dated the day of, and made or expressed to be made between [parties], ALL that piece or parcel of ground, situate &c., with the messuage or tenement and premises thereon erected and built, being No. the abuttals of which said ground are more particularly described in the plan drawn |