RULES OF THE COURT OF COMMON PLEAS, WITH THE FORMS PRESCRIBED BY THE ACT OF 3 & 4 WILL. 4, c. 74, AND BY SUCH ACKNOWLEDGMENT, &c. OF DEEDS BY MARRIED REGULÆ GENERALES. (2) MICHAELMAS TERM, 1833. WHEREAS by the 84th section of the statute made in the 3rd and 4th years of the reign of his present majesty, chapter 74, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple modes of Assurance," the Court of Common Pleas is authorized from time to time to make alterations in the memorandums and certificates in the said section mentioned. (3) And Whereas, by the 89th section of the said Act, it is enacted, that the Lord Chief Justice of the Court of Common Pleas at Westminster, shall from time to time appoint the person who shall be the officer with whom such certificates as in the said Act are mentioned shall for the time being be lodged, and may remove him at pleasure, and that the Court of Common Pleas at Westminster shall also from time to time make such orders and regulations as the said Court shall think fit, touching the mode of examination to be pursued by the commissioners to be appointed under the said Act, and (a) The numerals refer to the notes which immediately follow the Rules. These notes were written as and when the Rules were successively promulgated, and are printed in the order in which they were written. touching the particular matters to be mentioned in such memorandums and certificates as therein mentioned, and the affidavits verifying the certificates, and the time within which any of the aforesaid proceedings shall take place: Now it is Ordered, that in addition to the form of the certificate mentioned in the 84th section of the said Act, (4) after stating the names of the parties and the words, "and acknowledge the same to be her act and deed," the following words should be inserted, " And I (or We) do further certify, that the several premises comprised in the said indenture are situate in the parish or several parishes and place or places following, that is to say, in the parishes of —, (as the case may be) in the county of "(5) And it is further Ordered, that where the acknowledgments shall be made before the commissioners appointed under the said Act, one at least of the said commissioners shall be a person who is not concerned as the attorney, solicitor, or agent, or clerk to the attorney, solicitor or agent of any of the parties in the transaction giving occasion to the taking (of) such acknowledgment, and that in the affidavit verifying the certificate, it shall be deposed, in addition to the verification thereof, (6) that one or more of the persons making such affidavit knew the person or persons making such acknowledgment, and that at the time of making such acknowledgment the person or persons (7) making the same was or were of full age and competent understanding, and that one at least of the commissioners taking such acknowledgment is not the attorney, solicitor or agent, or clerk to the attorney, solicitor or agent of any of the said parties, (8) and that the names and residences of the said commissioners, and also the place or places where such acknowledgment or acknowledgments shall be taken, shall be mentioned in such affidavit. And it is further Ordered, that the commissioners do inquire of married women whether they intend to give up their interest (9) in the estate to be passed by such deed, without having any provision made for them in return for, or in consequence (10) of their so giving up such interest, and if it appears that any provision is to be made for any such married woman, they shall not take her acknowledgment until they are satisfied that such provision has been actually made;(11) and one of the said commissioners shall state in the affidavit so to be made as aforesaid, that such inquiry was made, and also the answer given thereto, and where any such provision has been agreed to be made, that he the said commissioner is satisfied that the same has been made, and where such married woman, in answer to such inquiry, shall declare that she intends to give up her interest without any provision, that he the said commissioner has no reason to doubt the truth of such declaration, and verily believes the same to be true. And it is hereby further Ordered, that the affidavits verifying such certificate, where the acknowledgment is taken by a judge or master in Chancery, be in the form hereunto annexed marked (A.) and where before any of the commissioners appointed in pursuance of the said act, in the form hereunto annexed, marked (B.), with such variations only as the circumstances of the case shall render necessary. And it is hereby further Ordered, that the certificates and the affidavits verifying the same shall be delivered to the officer to be so appointed within one month from the making the acknowledgment, and that the officer shall not receive the same after that time, without the direction of the court or a judge. N. C. TINDAL. S. GASELEE. J. B. BOSANQUET. E. H. ALDErson. Form of MEMORANDUM OF ACKNOWLEDGMENT, to be indorsed on, or written at the foot or in the margin of the Deed, and signed by the Judge, Master in Chancery, or Commissioners taking the Acknowledgment. THIS DEED, marked (here add some letter or mark, for the purpose of identification,) [A] was this day produced before me, (or us,) and acknowledged by [Jane Ball] therein named, (12) to be her act and deed, previous to which acknowledgment the said [Jane] 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. Form of CERTIFICATE to be written or engrossed on a separate piece of parchment, and signed by the Judge, Master in Chancery, or Commissioners. THESE are to certify, that on the [1st] day of [January], in the year 1835, before me, the undersigned Sir Nicolas Conyngham Tindal, Knight, 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, [John Hall and Luke Ord], two of the perpetual commissioners appointed for the [borough of Leicester], for taking the acknowledgments 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 (insert the title of the act), (13) or, before us, the undersigned [John Duke and James Ash], two of the commissioners specially appointed, pursuant to an act passed in the third and fourth years of the reign of his present Majesty King William the Fourth, intituled An Act (insert the title of the act), for taking the acknowledgment of any deed by [Jane], the wife of [Francis Long], appeared personally [Jane], the wife of [Francis Long], and produced a certain indenture (14) marked [A], bearing date the [1st] day of [January, 1835], and made between (insert the names of the parties), and acknowledged the same to be her act and deed; "And I, (or we,) do further certify that the several premises comprised in the said indenture, are situate in the several parishes and places following, (that is to say,) in the parish of [Dale, &c.] (as the case may be,) in the county of" [Lincoln]. (15) And I (or we) do certify that the said [Jane] 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 unto the same. Form of AFFIDAVIT, (16) verifying the Certificate where the Acknowledgment is taken before a Judge or Master in Chancery. A. [James Hall], of [Barnet, in the county of Herts, gentleman], maketh oath and saith, That he knows [Jane], the wife of [Francis Long], in the certificate hereunto annexed mentioned: And that the acknowledgment therein mentioned was made by the said [Jane], and the said certificate signed by the said [James William Farrar], (judge or master), therein mentioned, in the presence of this deponent: And this deponent further saith, That the said [Jane] was, at the time of making such acknowledgment, of full age and competent understanding. Form of AFFIDAVIT, verifying the Certificate, where the Acknowledgment is taken by any of the Commissioners appointed in pursuance of the Act of Parliament. B. [John Grant], of [ Maidstone, in the county of Kent, gentleman], one of the attorneys of his Majesty's Court of [King's Bench], at Westminster, and one of the commissioners named in the certificate hereunto annexed, maketh oath and saith, that he knows [Jane], the wife of [Francis Long], in the said certificate mentioned, and that the acknowledgment therein mentioned was made by the said [Jane], and the certificate signed by the commissioners in the said certificate mentioned on the day and year therein mentioned, at [Maidstone aforesaid], in the presence of this deponent, and that at the time of making such acknowledgment, the said [Jane] was of full age and competent understanding: And that the said [Jane] knew the same acknowledgment was intended for the passing her estate and estates in the premises respecting which such acknowledgment was made: And this deponent further saith, that he, this deponent, (17) (or the said I. K., as the case may be, adding, if not the commissioner making the affidavit, whose place of residence is at Tunbridge, in the said county), is not concerned as the attorney, solicitor or agent, or clerk to the attorney, solicitor or agent, of any or either of the parties to the transaction, giving occasion to the taking such acknowledgment: And this deponent further saith, that in pursuance of the order made by the Court of Common Pleas, in Michaelmas Term, 1833, the said commissioners did inquire of the said [Jane], (or if more than one, of each of them, the said Jane and Mary],) whether she intended to give up her interest in the estates, in respect of which such acknowledgment was taken, without having any provision made for her 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 [Jane] declared that she did intend to give up her interest in the said estates, without having any provision made for her in return for, or in consequence of her so giving up her interest, which declaration of the said [Jane] this deponent has no reason to doubt the truth of, and verily believes the same to be true, (or declared that a provision was to be made for her in consequence of her giving up her interest in the said estates): And this deponent, before her acknowledgment was so taken, was satisfied, and does now verily believe, that such provision has been made. (18) N. B. When the whole of the facts cannot be spoken to by one deponent, the necessary alterations must be made to enable more than one deponent to state their respective parts of it. |