separately, and the affidavit varied accordingly,] of which declarations of the said Mary and Ann, this deponent has no reason to doubt the truth, &c. And lastly, this deponent saith, that in the deed acknowledged by the said Mary and Ann, the premises wherein they are stated to be interested, &c. Form of the Affidavit where the Acknowledgment is made before a Judge, or Master in Chancery. In the Common Pleas. , , Thomas White, of No. 11, Bedford Row, in the county of Middlesex, gentleman, one of the attornies [or "solicitors"] of the Court of maketh oath and saith, that he knows Mary, the wife of James Smith, in the certificate hereunto annexed mentioned, and that the acknowledgment therein mentioned was made by the said Mary and the certificate signed by the Judge [or "Master"] in the said certificate mentioned, on the day and year therein mentioned, at on the day of , in the presence of this deponent, and that at the time of making such acknowledgment, the said Mary was of full age and competent understanding, and that the said Mary knew the said acknowledgment was intended to pass her estate in the premises respecting which such acknowledgment was made. And this deponent further saith, that previous to the said Mary making the said acknowledgment, he this deponent inquired, &c. [Proceed from here in precisely the same manner as in either of the two forms of affidavit formerly given to be made by an attorney, not being a Commissioner, except that where the clause applicable where a provision is made, occurs, the word "Judge," or Master," must be used, instead of the word "Commissioners." If the attorney making the affidavit do not know the married woman, and therefore it be necessary that another party should join in the affidavit, this form can easily be altered by referring to the fourth form of affidavit above given.] (Vide p. 314). SECTION 48. Form of Affidavit to obtain a Special Commission to take the acknowledgment of a Married Woman within the Kingdom, to be made by any one cognizant of the Facts to be stated in it. In the Common Pleas. , E. F., of in the county of maketh oath and saith, that by a certain deed, intended to be executed by Mary, the wife of James Smith, of in the county of and by certain other parties, it is intended that the said Mary should release [or "extinguish," &c.] her interest in certain premises [or "money,"] in the said deed mentioned, and that, in order to give full effect to the same, it will be necessary that the said Mary should acknowledge the same, in pursuance of the provisions of an act passed in the fourth year of his late Majesty's reign, intitled, "An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple Modes of Assurance." And this deponent further saith, that the said Mary is confined to her room by illness, and that the nearest residence of a perpetual Commissioner for taking acknowledgments under the said act, is upwards of miles from the residence of the said Mary, and that there is no second perpetual Commissioner residing within miles of the residence of the said Mary. And this deponent further saith, that two perpetual Commissioners cannot be procured to attend to take the acknowledgment of the same deed by the said Mary, for the fees fixed by the Rules of this Court, not without incurring a considerable expense. And this deponent further saith, that A. B., of in the county of , in the attorney at law, and C. D., of county aforesaid, attorney at law (a) are, in this de (a) If thought proper, more than two may be named to act as Commissioners, and it will often be convenient to name more, lest one out of two should be unable to attend when necessary. T ponent's judgment, fit and proper persons to receive the acknowledgment of the said deed by the said Mary, and are willing to attend for that purpose. And this deponent lastly saith, that the present residence of the said Mary is at in the county aforesaid, and that it is intended that the said deed shall be acknowledged by her there. Sworn, &c. (Vide p. 315.) E. F. SECTION 49. Form of Certificate of Acknowledgment by Commissioners specially appointed under Section 83 of the Act. These are to certify, that on the day of in the year one thousand eight hundred and before us, the undersigned A. B. and C. D., two of the Commissioners specially appointed, pursuant to an act passed in the fourth year of the reign of his Majesty King William the Fourth, intitled, "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," for taking the acknowledgment of any deed by Mary the wife of James Smith, appeared personally, &c. [The rest as in section 46.] (Vide p. 316.) A. B. C. D. SECTION 50. Form of Return to be indorsed by the Special Commissioners, who take the Acknowledgment, on the back of the Commission. The execution of the within commission appears by the certificate hereunto aunexed. A. B. (Vide p. 316.) SECTION 51. Form and Substance of Note of Instructions for Special Commission to take the Acknowledgment of a Married Woman who is out of the Kingdom. Special commission to take the acknowledgment of Mary, the wife of James Smith, gentleman, now residing at Nevers, in the kingdom of France, of a certain deed of release [or "surrender," &c., as it may be] whereby it is intended to pass [or "extinguish," &c.] her estate as a married woman. [Their description to be according to the fact.] (Vide p. 316.) SECTION 52. Forms for Acknowledgment taken abroad. The form of memorandum on the deed is the same as in section 45. The form of certificate of acknowledgment before Special Commissioners out of the kingdom is exactly the same as that in section 49. The form of the return to be indorsed on the back of the commission is the same as in section 50. Form of Affidavit to be made by one of the Commissioners where Acknowledgment taken out of the Kingdom. In the Common Pleas. A. B., of Nevers, in the kingdom of France, merchant, one of the Commissioners mentioned in the certificate hereunto annexed, maketh oath and saith, that he knows Mary, the wife of James Smith, in the said certificate mentioned, and that the acknowledgment therein mentioned was made by the said Mary, and the certificate signed by this deponent and C. D. of Nevers aforesaid, merchant, the other Commissioner in the said certificate mentioned, on the day and year therein mentioned, in the presence of this deponent, &c. [the rest of the affidavit will be the same, and varied by the same circumstances as when made by a perpetual Commissioner not concerned, for which see pages 387 to 391.] Sworn at Nevers, in the king dom of France, the day of A. B. [Signature of persons before whom affidavit sworn: describe his character as "maire of, &c." and add these words, "authorized by the law of France to administer oaths in Nevers aforesaid."] |