MARRIED WOMEN- -(continued.) Power of perpetual Commissioners. sioners not con 73. Provided always, and be it further enacted, That any person Power of perappointed commissioner for any particular county, riding, division, petual commisor place, shall be competent to take the acknowledgment of any fined to any parti married woman wheresoever she may reside, and wheresoever the lands cular place. or money in respect of which the acknowledgment is to be taken may be. Special Commissioners. If, from being special commissioners to be 74. And be it further enacted, That in those cases where, by reason of residence beyond seas, or ill-health, or any other sufficient cause, any married woman shall be prevented from making the acknowledg- be prevented ment required by this act before a judge or a master in chancery, or from making the acknowledgment, any of the perpetual commissioners to be appointed as aforesaid, it shall be lawful for the Court of Common Pleas in Dublin, 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. Memorandum of Acknowledgment. 75. 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 such acknowledgment, shall sign a memorandum, to be indorsed on or written at the foot or in the margin of such deed; which memorandum, 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,— 、 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 ex amined 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.' Separate Certificate of Acknowledgment. appointed. When a married woman shall deed, the person taking the acknowledgment to sign the effect here mentioned; acknowledge a a memorandum to And the same judge, master in chancery, or commissioner, shall also and also sign a sign a certificate of the taking of such acknowledgment, to be written certificate of the or ingrossed on a separate piece of parchment; which certificate, sub- taking of such acknowledgment ject to any alteration which may from time to time be directed by the to the effect here Court of Common Pleas, shall be to the following effect; videlicet,- mentioned. 'These are to certify, that on the in the year one thousand eight hundred and me the undersigned day of before Lord Chief Justice of the • Court of Common Pleas in Dublin, [or before me, ⚫ one of the justices of the Court of King's Bench in Dublin, or before 'the Court of Chancery; or before us A. B. and C. D. and two of the perpetual commissioners appointed for the for 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. two of the commissioners 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 ] appeared personally 'C. D. day of the wife of the 'wife of MARRIED WOMEN- -(continued.) Filing Certificate, with an Affidavit verifying it. 76. And be it further enacted, That 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, shall be lodged with some officer of the Court of Common Pleas in Dublin, to be appointed as hereinafter mentioned; and such officer shall examine the certificate, and see that it is duly signed, either by some 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. Effect of filing Certificate-Relation back. 77. And be it further enacted, That when the certificate of the acknowledgment of a deed by a married woman shall be so filed of record as aforesaid, the deed so acknowledged shall, so far as regards the disposition, release, surrender, or extinguishment thereby made by any married woman whose acknowledgment 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. MARRIED WOMEN-(continued.) whom the certifi 78. And be it further enacted, That the officer of the Court of The officer with Common Pleas, with whom such certificates as aforesaid shall be lodged, cates are lodged shall make and keep an index of the same, and such index shall con- to make an index tain the names of the married women and their husbands alphabeti- of the same. cally 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. Copies of Certificates-Evidence. 79. And be it further enacted, That after the filing of any such certificate as aforesaid, the officer with whom the certificate shall be lodged shall at any time deliver 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. Power of the Court of Common Pleas defined. 80. And be it further enacted, That the Lord Chief Justice of the Court of Common Pleas in Dublin, shall from time to time appoint the person who shall be the officer with whom such certificates as aforesaid shall for the time being be lodged, and may remove him at pleasure; and the Court of Common Pleas in Dublin shall also from time to time make such orders and regulations 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 memorandum 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 hereinbefore directed, and also of the fees or charges to be paid for taking acknowledgments 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. Cases of Dispensation with Husband's Concurrence. 81. Provided always, and be it further enacted, 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 incapable of executing a deed, or if his residence shall not be known, or he shall be in prison, or shall be living apart from his wife, either by mutual consent or by sentence of divorce, or in consequence of his being transported beyond the seas, or from any other cause whatsoever, it shall be lawful for the Court of Common Pleas in Dublin, by an order to be made in a summary way upon the application of the wife, and upon such evidence as to the said court shall seem meet, to dispense with the concurrence of Act may be altered this ses sion. the husband in any case in which his concurrence is required by this act or otherwise; and all acts, or deeds, to be done, executed, or made by the wife in pursuance of such order, in regard to lands of any tenure, or in regard to 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 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. 82. 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. INDEX. ABATEMENT, 11. ACKNOWLEDGMENT, A. of deeds by married women, 127, 128, 384 n. (155), 409, 419 effect of rules as to, illustrated, 431 n. (24). case of wife being an infant trustee, 436 n. (35). ADVOWSON, time of limitation applicable to, 149. AFFIDAVIT, prescribed by 3 & 4 Will. 4, c. 74,-410, 411, 416, 427, 428. must be stamped, 427 n. (16). by whom to be made, 434 n. (25) and n. (28). cannot be sworn without mental reservation, 435 n. (29). ALIENATION, extensive right of, over real property, 82. restraint upon, 83, 84, 85. of the property of married women, ib. and n. (b), 423, 424, 425. ANCIENT DEMESNE, APPOINTMENT, observations on conveyance by, 271 n. (57), 300 n. (79). as to the form of, 275 n. (58). appointee is in under the conveyance creating the power, 300 n. (79). consequences of that doctrine, ib. as to conveyances by appointment, and lease and release, ib. |