Page 6501 835

See also the notes in Vol. II., especially p. 541, et seq. on the Settled Land Act. As to the effect of the Act on the express powers of the settlement, see Re Duke of Newcastle, W. N., 1883, 99, 129; as to the appointment of trustees, where there are none in existence, for the purposes of the Act, see In Re Tayler, W. N., 1883, 95; In Re Wright, ib. 154.

838 Note. As to the fiduciary position of a tenant for life, see Whee1wright v. Walker, W. N., 1883, 154; and as to his right to sell to increase his income, see Thomas v. Williams, W. N., 1883, 58.

854 Note (a). The case of an infant entitled in fee subject to a gift over is provided for by s. 58 (I. ii.), coupled with s. 60 of the Settled Land Act.

་་

857

Note (a)

As to the payment of costs of sale under the Settled 865 Form XII.) Land Act, see In Re Beck, W. N., 1883, 152.

ACKNOWLEDGMENTS (a).

I.

MEMORANDUM by a JUDGE or two COMMISSIONERS to be endorsed on or written at the foot or in the margin of a DEED ACKNOWLEDGED by a MARRIED WOMAN. Variation for SEVERAL MARRIED WOMEN.

THIS deed marked [A] was this day produced before me [us] and acknowledged by, name in full of married woman or women, therein named to be her act and deed [their several acts and deeds] previous to which acknowledgmt[s] the sd-was [were] examined by me [us] separately and apart from her husband [— and their respive

husbands] touching her [their] knowledge of the contents of the sd deed and her [their] consent thereto, and decld. [each of them decld] the same to be freely and voluntarily executed by her.

day of

Witness my hand [our hands] this ———
Signature of Judge or two Commissioners.

(a) The forms under this head relate to the acknowledgment of deeds by married women relating to real estate under 3 & 4 Will. 4, c. 74, s. 77, et seq. (and see as to contingent interests, &c., 8 & 9 Vic., c. 106, ss. 6 & 7), and to reversionary interests in personal estate under 20 & 21 Vic., c. 57. By the Conv. Act, 1881, s. 40, a married woman is empowered to execute deeds and do other acts by attorney (and see also as to execution of deeds by attorney, ss. 46, 48). Although the acknowledgment must necessarily be her own personal act, she may of course acknowledge a deed previously executed by attorney; and the forms in the text appear to be adapted to that case without alteration, as a deed executed by attorney is in law the act and deed of the principal.

VOL. I.

B

II.

CERTIFICATE of a Judge or two Perpetual Commis

sioners of having taken the ACKNOWLEDGMENT of a
MARRIED WOMAN to be written or engrossed ON A
SEPARATE PIECE OF PARCHMENT. Variations for
SEVERAL MARRIED WOMEN.

day of, before

THESE are to certify that on the me, one of the Justices, &c., [us, K. and L., two of the perpetual Commissioners appointed for the county, or, "riding," or, "division," or, "soke," or, "place," of, for taking the acknowledgmts of deeds by married women, psuant to an Act passed in the 3rd and 4th years of the reign of his late Majesty King William IV., intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance"], appeared personally M. the wife of N. [and Q. the wife of R.] and produced a certain indre marked bearing date the day of

and made between, insert names of parties without description, and [each of them] acknowledged the same to be her act and deed, and I [we] do certify that the sd M. [each of them the sd M. and Q.] was at the time of her acknowledging the sd deed of full age and competent understanding, and that she [each of them] was examined by me [us] apart from her husband, touching her knowledge of the contents of the sd deed, and that she [each of them] freely and voluntarily consented to the same.

Signed by the Judge or two Commissioners.

I

III.

AFFIDAVIT to be sworn on parchment VERIFYING THE CERTIFICATE OF ACKNOWLEDGMENT to be made by a SOLICITOR where the ACKNOWLEDGMENT is taken before a JUDGE. VARIATIONS where the AFFIDAVIT is made by a THIRD PARTY (either a SOLICITOR or not) and a SOLICITOR, and for SEVERAL MARRIED WOMEN, and for a REVERSIONARY INTEREST in PERSONALTY.

IN THE HIGH COURT OF JUSTICE.

QUEEN'S BENCH DIVISION.

of

in the

of

gentleman, one of the

solors of the Supreme Court (a) make oath and say, [we

of

of

gentleman one of the solors of the Supreme Court, severally make oath and say]

Where the affidavit is to be made by the solicitor only, say,

1. That I

the wife of

resply] in the certificate hereunto annexed mentd, and that the acknowledgmt therein mentd was made by the sd [each of them the sd and -] and the certificate signed by the Judge in the sd certificate mentd on the day and year therein mentd at

in my presence.

sd

in the

of

2. That at the time of making such acknowledgmt the

[each of them the sd

and was of full

age and competent understanding, and knew the sd acknowledgmt was intd to pass her este in the premes respecting which such acknowledgmt was made.

(a) See 36 & 37 Vic., c. 66, s. 87.

Where the affidavit is to be made by a third party and a solicitor, say,

1. And first I, the third party, for myself say that I -the wife of [and the wife of

res

know ply] in the certificate hereunto annexed mentd, and that at the time of making the acknowledgmt in the sd certificate mentd, the sd [each of them the sd was of full age.

and -]

2. And I, the solicitor, for myself say that the acknowledgmt in the sd certificate mentd was made by the sd [each of them the sd -- and --], and the certificate signed by the Judge in the sd certificate mentd on the day and year therein mentd, at in the

in my presence.

of

3. That at the time of making such acknowledgmt the sd [each of them the sd and was of competent. -] understanding and knew the sd acknowledgmt was intd to pass her este in the premes respecting which such acknowlegdmt was made.

In either case, say,

3. [4.] That previous to the sd — [each of them the sd - and -] making the sd acknowledgmt, I inquired of her the sd [each of them the sd and -] whether she intd to give up her interest in the este, in respect of which the sd acknowledgmt was taken, without having any provon made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such este, and that in answer to such inquiry the sd — [each of them the sd and -] decld that a provon was to be made for her in consequence of her giving up such her interest in the sd este, [she did intend to give up her interest in the sd este without having any provon made for her in lieu of, or in return for, or in consequence of her so giving up such her interest], of which declon of the sd