Form of Notarial Certificate. , I, R. S., notary public, of lawful authority admitted and sworn, dwelling at Nevers, in the kingdom of France, hereby certify, that A. B. of Nevers aforesaid, merchant, on the day of one thousand eight hundred and thirty-seven, was sworn in my presence to the truth of the affidavit hereunto annexed by and before F. G.; and I do hereby certify, that the said F. G. is [state here the name of his office, or other qualification to administer oaths] in Nevers aforesaid, and as such is qualified to administer oaths there, and that the name A. B., subscribed to the said affidavit, and also the name of F. G., subscribed to the jurat thereof, are of the respective proper handswriting of the said A. B. and F. G., and were respectively signed by them in my presence. In testimony whereof I have hereunto set my hand and notarial seal. Dated the thousand eight hundred and forty [Notarial seal.] day of 2 one R. S. Form of Instructions to be sent by the Solicitor in England to the Commissioners, for their Guidance, to accompany the Documents which will have been already prepared. The two Commissioners who are to take the acknowledgment of Mrs. Smith must meet together, and the deed having been executed by her (a), they must then (in the absence of her husband, who, if he be present, must be requested to retire out of the room, and out of sight and hearing) examine her, and ascertain from her that she knows the object and effect of the deed, and that it will pass away her interest in the property in respect of (a) Proper instructions for the execution of the deed, stating how it is to be signed, sealed, delivered, and attested, should accompany the documents, where no person acquainted with the English form of executing a deed is likely to be present. which she has executed it. Having satisfied themselves that she knows this, they next inquire whether her consent to the deed is quite free and voluntary on her part, and that in executing it she did not act under any constraint; having satisfied themselves of this, they must then inquire whether it is her intention to give up her interest in the property to be passed by the deed 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 property; * as it is her intention to do so, it will be found that she will answer this inquiry in the affirmative;* having made all these inquiries, and having received satisfactory answers, they must then proceed to receive the acknowledgment, which is done by producing the deed to Mrs. Smith, and asking her this question, "Do you acknowledge this to be your act and deed?" and, having given her answer in the affirmative, Mrs. Smith has nothing further to do. The date (which must be the day the acknowledgment is made) must then be filled into the memorandum, which will be found at the back [or in the margin, or at the foot] of the deed, and also into the certificate on the separate piece of parchment, and both the Commissioners must then sign the memorandum on the deed, the return at the back of the commission, and also the separate certificate, in the places pointed out by a pencil mark [which should be done]; and the Commissioner who is to make the affidavit, must take care to see the other sign the certificate. The certificate must then be annexed to the affidavit, and one of the Commissioners must then proceed to get sworn to the affidavit, first taking care to fill in at the beginning his name, residence, and description, in the words used in the commission; and also further on in the affidavit, the name, residence, and description of the other Commissioner, also in the words used in the commission; the date left blank in the body of the affidavit must be filled up with the day the acknowledgment is taken, and the other blank, with the name of the town or other place where it is taken. The Commissioner who is to make the affidavit must then sign his name at the foot of it, in the place pointed out. The affidavit must then be sworn before some officer, who, by the law of France, has authority to administer oaths; and the Commissioner who is to make the affidavit must procure a notary public to accompany him to that officer; he must then be sworn to the truth of the affidavit, and the blanks in the jurat or memorandum of the swearing at the end, must be filled up with the day the affidavit is sworn, and the town or place where it is sworn; in doing this, care must be taken that no erasure, interlineation, or striking out occurs in the jurat; if any mistake be made, so that the present jurat cannot be used without, it must be entirely struck out with a pen, and a fresh jurat altogether written, without any interlineation, &c. It must be understood that this is essential. If in the body of the affidavit any mistake be made in filling up the blanks, so as to render any interlineation, erasure, or striking out necessary, it will not be so important as where it is in the jurat; but wherever that occurs, the officer before whom the affidavit is sworn must write the initials of his name opposite to each interlineation, erasure, &c. ; this will be sufficient in the body of the affidavit, but not in the jurat, which, in such case, must be treated as before directed. The affidavit having been sworn, and the jurat properly completed, the officer before whom the affidavit is sworn must then sign his name to the jurat, adding the name of his office, and that he is authorized by the law of France to administer oaths in the place where the affidavit is sworn, which will of course be the place mentioned in the jurat. This having been done, the notary must be requested to give a written certificate in the form sent, under his notarial seal : this certificate must, together with the commission, be annexed to the other certificate and the affidavit. There will be nothing more to be done, and the documents must then be returned to England. If the case be one in which a provision is to be made for the woman in consequence of giving up her interest, the deed, &c. making the provision must accompany the documents, and be produced to the Commissioners; and the passage between the asterisks in the foregoing instructions must be omitted, and one to the following effect substituted for it: As a provision is to be made, Mrs. Smith will state so, and the deed making such provision accompanies the documents, and the Commissioners must have it produced to them, and it will be sufficient to satisfy them that the provision has been made. (Vide p. 317.) INDEX. ABATEMENT of Suit, by what means, 89.-In what cases Abroad, commission to examine witnesses, 33.-Service of Absconding Defendant, 180. Account, when directed to be kept, in injunction cases, 67. Act of Bankruptcy. See Fiat. Acknowledgment of Deed by Married Woman. In what cases |