he or they shall direct or appoint, and as by the said [purchaser], his [appointees], heirs or assigns, or his or their counsel in the law, shall be reasonably devised or advised and required. IN WITNESS, &c. (1) Memorandum to be indorsed on, or written at the Foot, or in the Margin of the last Deed. This deed, marked B. [or some other letter or mark], was this day produced before us, and acknowledged by Mary Adams, therein named, to be her act and deed; previous to which acknowledgment the said Mary Adams was examined by us, separately and apart from B. Adams, 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. Witness our hands, this day of January, 18-. [Signatures of two Commissioners.] Where Acknowledgment relates to two or more Married Women. This deed, marked A. [or some other letter or mark], was this day produced before us, and acknowledged by [christian and surnames of married women] therein named, to be their several acts and deeds; previous to which acknowledgments the said [names as above] were examined by us separately and apart from their respective husbands touching their knowledge of the contents of the said deed, and their consent thereto, and each of them declared the same to be freely and voluntarily executed by her. Dated the day of sand eight hundred and one thou [Signatures of two Commissioners.] Certificate of two of the perpetual Commissioners, of having taken the Acknowledgment of Mary Adams, to be written or engrossed on a separate piece of Parchment. These are to certify that on the day of January, 18—, before us, A. B. and C. D., two of the perpetual commissiouers appointed for the county of for taking the acknowledgments of deeds by married women, pursuant to an act passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," appeared personally, Mary, the wife of B. Adams, and produced a certain indenture marked B., bearing date the day of 18-, and made between [insert names of parties] and acknowledged the same to be her act and deed; and we do hereby certify that the said Mary Adams was, at the time of her acknowledging the said deed, of full age and competent under (1) This deed, in order to be effectual, must be inrolled in Chancery within six calendar months after its execution. (See ante, p. 365.) It has been submitted that a vendor ought to procure the conveyance to be inrolled at his own expense, for the same reason that he was required to bear the expense of a fine or common recovery. (9 Jarm. Prec. 412, n.) standing, and that she was examined by 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. [Signatures of the two Commissioners.] Certificate relating to three Married Women. These are to certify that on the day of, in the year one thousand eight hundred -, before us [names of two commissioners], two of the perpetual commissioners appointed for the county of for taking the acknowledgments of deeds by married women, pursuant to an act passed in the fourth year of the reign of his late majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," appeared personally Mary, the wife of John Jones, Ellen, the wife of Edward Ellis, and Anne, the wife of Arthur Arms, and produced a certain indenture of release, marked A, bearing date the day of, one thousand eight hundred and and made between the said John Jones and Mary his wife, Edward Ellis and Ellen his wife, and Arthur Arms and Anne his wife of the first part, the said John Jones of the second part, and Luke Lee, of the third part, and each of them acknowledged the same to be her act and deed. And we do hereby certify that each of them the said Mary Jones, Ellen Ellis, and Anne Arms, was at the time of her acknowledging the said deed of full age and competent understanding, and that each of them was examined by us apart from her husband, touching her knowledge of the contents of the said deed, and that each of them freely and voluntarily consented to the same. [Signed by the two Commissioners.] FORMS OF AFFIDAVITS. (m) No. 1. Affidavit verifying the Certificate of Acknowledgment, to be made by an Attorney, when the Acknowledgment is taken before a Judge. IN THE COMMON PLEAS. in the 1. That I know in the certificate bereunto annexed mentioned, and that the acknowledgment therein mentioned (m) In filling up the certificate of acknowledgment, the names only of the parties to the deed should be set out. All alterations, interlineations or erasures, in the certificate must have the initials of the clerk to the Judge before whom the acknowledgment is taken set opposite thereto, and all alterations in the affidavit must have the initials of the commissioner or of the clerk to the Judge before whom the affidavit is sworn set opposite thereto. This affidavit must be sworn before a commissioner of the Court of Common Pleas, or a Judge, on parchment. was made by the said, and the certificate signed by the judge in the said certificate mentioned, on the day and year therein mentioned, of —, in my presence. at in the 2. That at the time of making such acknowledgment the said was of full age and competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. 3. That previous to the said making the said acknowledgment, Where a provision I inquired of her the said, whether she intended to give up her is to be made. interest in the estate-in respect of which such acknowledgment was taken, without having any provision made for her in lieu of or in return for, or in consequence of her so giving up her interest in such estate, and that in answer to such inquiry the said declared that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. 4. That before the said acknowledgment was so taken, I was satisfied and do now verily believe that such provision has been made by, and that such has been produced to the said judge. made. [3. That previous to the said making the said acknowledg- Where no proment, I inquired of her the said — whether she intended to give up vision is to be her interest in the estate in respect of which such acknowledgment was taken, without having any provision made for her in lieu of or in return for, or in consequence of her so giving up her interest in such estate, and that in answer to such inquiry the said - declared that she did intend to give up her interest in the said estate- without having any provision made for her in lieu of or in return for or in consequence of her so giving up such her interest, of which declaration of the said - I have no reason to doubt the truth, and I verily believe the same to be true.] 5. That it appears by the deed acknowledged by the said that the premises wherein she is stated to be interested are described to be in the of Sworn, &c. in the of --- No. 2. Joint Affidavit verifying the Certificate of Acknowledgment to be made by a Third Party (either an Attorney or not) and by an Attorney, when the Acknowledgment is taken before a Judge. IN THE COMMON PLEAS. We of -, in the of, gentleman, one of the attornies of the court of minster, severally make oath and say 1. And first I for myself say:-That I know in the at West the wife of- 2. And I, for myself say:-That the acknowledgment in the presence. in the 3. That at the time of making such acknowledgment the said was of competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. Where a provision is to be made. Where no provision is to be made. 4. That previous to the said making the said acknowledgment, I inquired of her the said whether she intended to give up her interest in the estate in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said — declared that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. 5. That before the said acknowledgment was so taken, I was satisfied and do now verily believe that such provision has been made by and that such has been produced to the said judge. [4. That previous to the said making the said acknowledgment, I inquired of her the said whether she intended to give up her interest in the estate in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such inquiry the said —— declared that she did intend to give up her interest in the said estate- without having any provision made for her in lieu of, or in return for or in consequence of her so giving up such her interest; of which declaration of the said — I have no reason to doubt the truth, and I verily believe the same to be true.] 6. That it appears by the deed acknowledged by the said that the premises wherein she is stated to be interested, are described to be in the Sworn, &c. of in the of NOTE. The affidavit of identity of the married woman and of her being of full age are the only facts that can be sworn to by a person who is not an attorney. (See ante, p. 718, n. (m).) No. 3. Affidavit verifying the Certificate of Acknowledgment to be made by IN THE COMMON PLEAS. I —, of —, in the of one of the commissioners mentioned in the certificate hereunto annexed, make oath and say1. That I know the wife of, in the said certificate mentioned, and that the acknowledgment therein mentioned was made by the said and the certificate signed by me, and —, of ———, in the the other commissioner in the said certificate mentioned, on the day and year therein mentioned, at of of in my presence. in the 2. That at the time of making such acknowledgment the said was of full age and competent understanding, and knew the said acknowledgment was intended to pass her estate in the premises respectthese alternatives ing which such acknowledgment was made. * Insert one of "I am," or "to the best of my knowledge and belief, the said the other commissioner, is." Where a provision is to be made. 3. That* 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. 4. That previous to the said I inquired of her, the said making the said acknowledgment, whether she intended to give up he. interest in the estate in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such enquiry the said declared that a provision was to be made for her in consequence of her giving up such her interest in the said estate-. 5. That before the said acknowledgment was so taken I was satisfied and do now verily believe that such provision has been made by and that such has been produced to me and the said other commissioner. the made. [4. That previous to the said making the said acknowledgment, Where no proI enquired of her, the said whether she intended to give up her vision is to be interest in the estate in respect of which such acknowledgment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estate; and that in answer to such enquiry the said - declared that she did intend to give up her interest in the said estate without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such her interest, of which declaration of the said, I have no reason to doubt the truth, and I verily believe the same to be true.] 6. That it appears by the deed acknowledged by the said, that the premises wherein she is stated to be interested are described to be in the of of Sworn, &c. (n) in the (n) The affidavit of identity of the married woman and of her being of full age are the only facts that can be sworn to by a person who is not a commissioner. In filling up the certificate of acknowledgment, the names only of the parties to the deeds, without their additions, are to be set out. All alterations, interlineations, or erasures in the certificate must have the initials of the commissioners before whom the acknowledgment is taken set opposite thereto, and all alterations in the affidavit must have the initials of the magistrate or person before whom the affidavit is sworn set opposite thereto. N.B. This affidavit should be sworn in the presence of a notary public before some magistrate duly authorized to swear affidavits at the place where the acknowledgment may be taken, and a notarial certificate must accompany the affidavit to be filed. See the form, post, p. 726. Or it may be sworn before any British diplomatic minister or consular agent authorized by the statute 18 & 19 Vict. c. 42, to take affidavits, and when so sworn the notarial certificate will not be required. In Scotland and Ireland the affidavit must be sworn before a commissioner for taking affidavits in the Court of Common Pleas at Westminster, appointed pursuant to the statute 3 & 4 Will. 4, c. 42, s. 42. In France the affidavit may be sworn before the consul, vice-consul, or any attorney or attornies of either of the superior courts at Westminster. By rule of court of Hilary Term, 1863, it is ordered, that affidavits verifying certificates of acknowledgments taken in any colony or foreign possession, being part of the dominions of her Majesty, made before any court, judge, magistrate, commissioner, notary public, or other person authorized to administer an oath, and containing in the jurat a statement by such court, &c., of the name or title of the office or authority which he or they respectively hold and execute, shall be received as a sufficient compliance with the requirements of the statute 3 & 4 Will. 4, c. 74, s. 85, relating to such affidavits. |