No. I. searches for such deeds in the office of inrolments, and to be paid for copies of the inrolments of deeds under this act, where such copies are 3 & 4 W. 4, examined with the inrolments, and signed by the proper officer having the custody of such inrolments. c. 74. LXXVI. That it shall be lawful for his Majesty's court of common The court of pleas at Westminster from time to time to make such orders as the common pleas court shall think fit touching the amount of the fees and charges to be to regulate the paid for the entries of deeds by this act required to be entered on the fees for entries court rolls of manors, and for the indorsements thereon, and for taking on court rolls the consents of the protectors of settlements of lands held by copy of ments on deeds, court roll, where such consents shall not be given by deed, and for and for taking taking surrenders by which dispositions shall be made under this act by tenants in tail of lands held by copy of court roll, and for entries of such surrenders or the memorandums thereof on the court rolls. and indorse consents, &c. vested in the LXXVII. That after the thirty-first day of December one thousand A married woeight hundred and thirty-three it shall be lawful for every married man, with her woman, in every case except that of being tenant in tail, for which pro- husband's convision is already made by this act, by deed to dispose of lands of any currence, to tenure, and money subject to be invested in the purchase of lands, and dispose of lands also to dispose of, release, surrender, or extinguish any estate which and money subshe alone, or she and her husband in her right, may have in any lands ject to be inof any tenure, or in any such money as aforesaid, and also to release or purchase of extinguish any power which may be vested in or limited or reserved to lands, and of her in regard to any lands of any tenure, or any such money as any estate aforesaid, or in regard to any estate in any lands of any tenure, or in therein; and to any such money as aforesaid, as fully and effectually as she could do if release and exshe were a feme sole; save and except that no such disposition, release, tinguish surrender, or extinguishment shall be valid and effectual unless the powers as a husband concur in the deed by which the same shall be effected, nor feme sole. unless the deed be acknowledged by her as herein-after directed: Provided always, That this act shall not extend to lands held by copy of Not to extend court roll of or to which a married woman, or she and her husband in to copy holds in her right, may be seised or entitled for an estate at law, in any case in certain cases. which any of the objects to be effected by this clause could before the passing of this act, have been effected by her, in concurrence with her husband, by surrender into the hands of the lord of the manor of which the lands may be parcel. The powers of disposition given to a mar LXXVIII. Provided always, That the powers of disposition given to a married woman by this act shall not interfere with any power which, independently of this act, may be vested in or limited or reserved to ried woman by her, so as to prevent her from exercising such power in any case, except this act not to so far as by any disposition made by her under this act she may be pre- interfere with vented from so doing in consequence of such power having been any other suspended or extinguished by such disposition. powers. LXXIX. That every deed to be executed by a married woman for any Every deed by of the purposes of this act, except such as may be executed by her in a married the character of protector for the sole purpose of giving her consent to woman not the disposition of a tenant in tail, shall, upon her executing the same, executed by or afterwards, be produced and acknowledged by her as her act and her as prodeed before a judge of one of the superior courts at Westminster, or a tector, to be master in chancery, or before two of the perpetual commissioners, or acknowledged two special commissioners, to be respectively appointed as herein-after by her before a provided. judge, &c. LXXX. That such judge, master in chancery, or commissioners as The judge, &c. aforesaid, before he or they shall receive the acknowledgment by any before receiving married woman of any deed by which any disposition, release, sur- such acknowrender, or extinguishment shall be made by her under this act, shall ledgment, to examine her, apart from her husband, touching her knowledge of such examine her deed, and shall ascertain whether she freely and voluntarily consents apart from her to such deed, and unless she freely and voluntarily consent to such husband. deed shall not permit her to acknowledge the same; and in such case No. I. 3 & 4 W. 4, c. 74. As to the appointment of perpetual com missioners for making out and such deed shall, so far as relates to the execution thereof by such married woman, be void. LXXXI. That for the purpose of providing convenient means of taking acknowledgments by married women of the deeds to be executed by them as aforesaid, the lord chief justice of the court of common pleas at Westminster shall from time to time appoint such proper persons as he shall think fit, for every county, riding, division, soke, or place for which there may be a clerk of the peace, to be perpetual commissioners each county or for taking such acknowledgments, and such commissioners shall be place, and the removable by and at the pleasure of the said lord chief justice; and keeping of the lists of the names of such commissioners for the time being, with the lists of the com- names of their places of residence, and the counties, ridings, divisions, missioners and sokes, or places, for which they shall be respectively appointed to act, the delivery of shall from time to time be made out and be kept by the officer of the copies. court of common pleas at Westminster with whom the certificates of the acknowledgments by married women are to be lodged as hereinafter mentioned; and such officer shall from time to time transmit, without fee or reward, to the clerk of the peace for each county, riding, division, soke, or place, or his deputy, a copy of the list to be so froin time to time made out for that county, riding, division, soke, or place, and such officer shall deliver a copy, signed by him, of the list for the time being for any county, riding, division, soke, or place, to any person applying for the same; and the clerk of the peace for each county, riding, division, soke, or place, or his deputy, shall deliver a copy, signed by him, of the list last transmitted to him as aforesaid to any person applying for the same. Power of perpetual commis. sioners not confined to any particular place. If, from being beyond seas, vented from LXXXII. Provided always, That any person appointed commissioner for any particular county, riding, division, soke, or place, shall be competent to take the acknowledgment of any married woman wheresoever she may reside, and wheresoever the lands or money in respect of which the acknowledgment is to be taken may be. LXXXIII. That in those cases where, by reason of residence beyond seas, or ill-health, or any other sufficient cause, any married woman &c. a married shall be prevented from making the acknowledgment required by this woman be pre- act before a judge or a master in chancery, or any of the perpetual commissioners to be appointed as aforesaid, it shall be lawful for the court of common pleas at Westminster, or any judge of that court, to issue a commission specially appointing any persons therein named to be commissioners to take the acknowledgment by any married woman to be therein named of any such deed as aforesaid: Provided always, That every such commission shall be made returnable within such time, to be therein expressed, as the said court or judge shall think fit. making the acknowledgment, special commissioners to be appointed. When a married woman LXXXIV. That when a married woman shall acknowledge any such deed as aforesaid, the judge, master in chancery, or commissioners shall acknow- taking such acknowledgment shall sign a memorandum, to be indorsed ledge a deed, the person on or written at the foot or in the margin of such deed, which memotaking the randum, subject to any alteration which may from time to time be acknowledgdirected by the court of common pleas, shall be to the following effect; videlicet, ment to sign a memorandum to the effect here mentioned, THIS deed, marked [here add some letter or other mark, for the pur- was examined by me [or us], separately and apart from her husband, touching her knowledge of the contents of the said deed and her con'sent thereto, and declared the same to be freely and voluntarily exe'cuted by her.' and also sign a And the same judge, master in chancery, or commissioners shall also certificate of sign a certificate of the taking of such acknowledgment, to be written or engrossed on a separate piece of parchment; which certificate, subject to any alteration which may from time to time be directed by the court of common pleas, shall be to the following effect; videlicet, THESE are to certify, That on the day of No. I. 3 & 4 W. 4, c. 74. the taking of such acknow effect here mentioned. in the year one thousand eight hundred and before me the undersigned Sir Nicholas Conyngham Tindal, lord chief ledgment to the '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. 'two of the perpetual commissioners appointed for the taking the acknowledgments of deeds by married women, 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]; or 'before us the undersigned A. B. and C. D. for two ' of the commissioners specially appointed pursuant to an act passed in 'appeared personally day of the wife of the wife of ' and produced a certain indenture, marked [here add the mark], bearing was, at the 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.' the court of LXXXV. That every such certificate as aforesaid of the taking of an Certificate, acknowledgment by a married woman of any such deed as aforesaid, with affidavit together with an affidavit by some person verifying the same, and the verifying the signature thereof by the party by whom the same shall purport to be same, to be signed, shall be lodged with some officer of the court of common pleas lodged with at Westminster, to be appointed as herein-after mentioned; and such some officer of officer shall examine the certificate, and see that it is duly signed, either common pleas, by some judge or master in chancery, or by two commissioners ap- who shall pointed pursuant to this act, and duly verified by affidavit as aforesaid, cause the same and shall also see that it contains such statement of particulars as to to be filed of rethe consent of the married woman as shall from time to time be required cord in the in that behalf; and if all the requisites in this act in regard to the cer- court. tificate 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. LXXXVI. That when the certificate of the acknowledgment of a deed On filing certiby a married woman shall be so filed of record as aforesaid, the deed so ficate, the deed, acknowledged shall, so far as regards the disposition, release, surrender, by relation, to or extinguishment thereby made by any married woman whose acknow- take effect from ledgment shall be so certified 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. time of acknowledgement. LXXXVII. That the officer of the court of common pleas with whom The officer with such certificates as aforesaid shall be lodged shall make and keep an whom the cerindex of the same, and such index shall contain the names of the mar- tificates are ried women and their husbands alphabetically arranged, and the dates lodged to make of such certificates and of the deeds to which the same shall respectively relate, and such other particulars as shall be found convenient; and an index of the same. No. I. 3 & 4 W. 4, c. 74. every such certificate shall be entered in the index as soon as may be after such certificate shall have been filed. LXXXVIII. That after the filing of any such certificate as aforesaid the officer with whom the certificate shall be lodged shall at any time Officer to deli- deliver a copy, signed by him, of any such certificate to any person ver a copy of applying for such copy; and every such copy shall be received as certificate filed, evidence of the acknowledgment of the deed to which such certificate which shall be shall refer. evidence. officer with whom the cer tificates shall LXXXIX. That the lord chief justice of the court of common pleas at Chief justice of Westminster shall from time to time appoint the person who shall be common pleas the officer with whom such certificates as aforesaid shall for the time to appoint the being be lodged, and may remove him at pleasure; and the court of common pleas at Westminster shall also from time to time make such orders and regulations (1) as the court shall think fit touching the mode of examination to be pursued by the commissioners to be appointed under 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 memorandums, charges to be paid for the copies to be delivered by the clerks of the certificates, peace or their deputies, or by the officer of the said court, as hereinaffidavits, &c. before directed, and also of the fees or charges to be paid for taking ac be lodged; and the court to make orders touching the examination, A married woman to be separately examined on the surrender of an equitable estate in copy holds as if such estate were legal. Court of common pleas in the case of a knowledgments of deeds and for examining married 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. (2) XC. That in every case in which a husband and wife shall, either in or out of court, surrender into the hands of the lord of a manor any lands 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 equitable estate, the wife shall, upon such surrender being made, be separately examined by the person taking the surrender in the same manner as she would have been 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. XCI. Provided always, That if a husband shall in consequence of being a lunatic, idiot, or of unsound mind, and whether he shall have been found such by inquisition or not, or shall from any other cause be husband being incapable of executing a deed, or of making a surrender of lands held by lunatic, &c. copy of court roll, or if his residence shall not be known, or he shall be may dispense in prison, or shall be living apart from his wife, either by mutual conwith his consent or by sentence of divorce, or in consequence of his being transcurrence, exported beyond the seas, or from any other cause whatsoever, it shall be cept where the lawful for the court of common pleas at Westminster, by an order to be made in a summary way upon the application of the wife, and upon or other persons such evidence as to the said court shall seem meet, to dispense with the intrusted with lunatics, or the concurrence of the husband in any case in which his concurrence is court of chan- required by this act or otherwise; and all acts, deeds, or surrenders to cery, shall be be done, executed, or made by the wife in pursuance of such order, in the protector of regard to lands of any tenure, or in regard to money subject to be lord chancellor (1) See the rules at the end of the act. (2) Mr. Thomas Sherwood, of the Prothonotaries' Office, Tanfield-court, Temple, has been appointed the officer with and by whom the certificates of the acknowledgment of married women are to be lodged and filed. No. I. & 4 W. 4, c. 74. 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, exe- 3 cuted, 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 a settlement in always, That this clause shall not extend to the case of a married lieu of the woman where under this act the lord high chancellor, lord keeper or husband. 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. XCII. That this act shall not extend to Ireland, except where the Ireland. same is expressly mentioned. (1) [Special orders were made by the judges of the common pleas in pursuance of the above act in Michaelmas term 1833, but were revoked and superseded by the following rules of Hilary term 1834:— WHEREAS it has been found expedient to make alterations in the general rules made in Michaelmas term last by this court, for the purpose of carrying into effect the statute passed in the third and fourth years of the reign of his present Majesty, cap. 74, intituled An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple modes of Assurance. And whereas it is necessary to make orders touching the amount of the reasonable fees and charges to be taken by the several persons appointed to carry the powers of the said act into execution; and it will be convenient that all the orders and regulations made by the court under the said act should be contained in the same rule: Now it is hereby ordered, That the said general rules be and the same are hereby revoked: Provided that this present rule shall not be construed in any respect to invalidate any proceedings which before the first day of March next ensuing, shall have been taken pursuant to the direction of the said rules of Michaelmas term last. And it is hereby further ordered, That where any acknowledgment shall be made by any married woman of any deed under and by virtue of the said act, before commissioners appointed under the said act, one at least of the said commissioners shall be a person who 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 it is further ordered, That before the commissioners shall receive such acknowledgment, they or in case one of them shall be interested or concerned as aforesaid, then such one of them as shall not be so interested or concerned do inquire of every married woman separately and apart 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 of, or in return for, or in consequence of her so giving up such interest; and where such married woman in answer to such inquiry shall declare that she intends to give up such her interest without any provision, and the said commissioners shall have no reason to doubt the truth of such declaration and shall verily believe the same to be true, then they shall proceed to receive the said acknowledgment; but if it shall appear to them or to such one of them as aforesaid, that (1) By the 4 & 5 W. IV. c. 92, the provisions of this act have been extended to Ireland, with the omission of sections 4, 5, and 6, relating to lands held by ancient demesne, and sections 51, 52, 53, 54, 66, 76, and 90, relating to copyholds. |