115 Begulae Generales. HILARY TERM, 4 WILL. IV. FINES AND RECOVERIES. WHEREAS it has been found expedient to make alterations in the general rules made in Michaelmas Term last by this Court (a) for the purpose of carrying into effect the statute passed in the 3rd and 4th years of the reign of his present Majesty, cap. 74, intituled "An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple Modes of Assurance." And whereas it is necessary to make orders touching the amount of the reasonable fees and charges to be taken by the several persons appointed to carry the powers of the said act into execution; and it will be convenient that all the orders and regulations made by the Court under the said act should be contained in the same rule. Now, it is hereby ordered that the said general rules be, and the same are hereby revoked: Provided that this present rule shall not be construed in any respect to invalidate any proceedings which before the 1st day of March next ensuing shall have been taken pursuant to the direction of the said rules of Michaelmas Term last. 1834. Rules of Mi chaelmas Term, 3 Will. 4, re voked. And it is hereby further ordered, that, where any ac- One at least of knowledgment shall be made by any married woman of any deed under and by virtue of the said act, before com (a) Ante, Vol. 3, p. 871. the commissioners before whom the acknowledgment is 1834. FINES AND RECOVERIES. missioners appointed under the said act, one at least of the said commissioners shall be a person who is not in any manner interested in the transaction giving occasion for taken, not to be such acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent so interested or concerned. interested, or concerned as attorney, &c. Examination of married women. Affidavit to verify the certifi cate. And it is further ordered, that, before the commissioners shall receive such acknowledgment, or in case one of them shall be interested or concerned as aforesaid, then such one of them as shall not be so interested or concerned, do inquire of every married woman separately and apart from her husband, and from the attorney or solicitor concerned in the transaction, whether she intends to give up her interest in the estate to be passed by such deed, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such interest; and, where such married woman, in answer to such inquiry, shall declare that she intends to give up such her interest without any provision, and the said commissioners shall have no reason to doubt the truth of such declaration, and shall verily believe the same to be true, then they shall proceed to receive the said acknowledgment; but, if it shall appear to them, or to such one of them as aforesaid, that it is intended that provision is to be made for any such married woman, then the commissioners shall not take her acknowledgment until they are satisfied that such provision has been actually made by some deed or writing produced to them, or, if such provision shall not have been actually made before, then the commissioners shall require the terms of the said intended provision to be shortly reduced into writing, and shall verify the same by their signatures in the margin, at the foot, or at the back thereof. And it is hereby further ordered that the affidavit verifying the certificate to be made pursuant to the said act, and which certificate shall be in the form contained in the said act, shall [except in such cases where the acknowledgment 1834. FINES AND shall be taken elsewhere than in England, Wales, or Berwick-upon-Tweed] be made by some practising attorney or solicitor of one of the Courts at Westminster, or of one of RECOVERIES. the counties palatine of Lancaster or Durham; and that in all cases it shall be deposed, in addition to the verification of the said certificate, that the deponent [or, if more than one person join in the affidavit, that one or more of the deponents] knew the person or persons making such acknowledgment; and that, at the time of making such acknowledgment, the person or persons making the same was or were of full age and competent understanding; and that one at least of the commissioners taking such acknowledgment, to the best of his (deponent's) knowledge or belief, is not in any manner interested in the transaction giving occasion for the taking of such acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent so interested or concerned; and that the names and residences of the said commissioners, and also the place or places where such acknowledgment or acknowledgments shall be taken, shall be set forth in such affidavit; and that, previously to such acknowledgment being taken, the deponent had inquired of such married woman [or, if more than one, of each of such married women] whether she intended to give up her interest in the estate to be passed; and also the answer thereto; and, where such married woman, in answer to such inquiry, shall declare that she intends to give up her interest without any provision, the deponent shall state that he has no reason to doubt the truth of such declaration, and he verily believes the same to be true: and, where any provision has been agreed to be made, the deponent shall state that the same has been made by deed or writing, or, if not actually made before, that the terms of the intended provision have been reduced into writing, which deed or writing he verily believes has been produced to the said Judge [or Master, or Commissioners.] 1834. FINES AND RECOVERIES. Affidavit to state the parish, &c. in which the premises are. Affidavit to be in form annexed, p. 120. Certificates to be delivered to the proper officer within one month. Fees. And it is hereby further ordered that the affidavit shall state the parish or several parishes, or place or several places, and the county or counties in which the several premises wherein any such married woman shall appear to be interested, shall by deed be described to be situate. And it is hereby further ordered that the affidavit shall be in the form hereunto annexed, subject to such variations as the circumstances of the case shall render necessary; or such affidavit may be made, where it is found convenient, by one of the commissioners, with such variation in the form thereof as shall be necessary in that behalf. And it is hereby further ordered that the certificates, and affidavits verifying the same, shall, within one month from the making the acknowledgment, be delivered to the proper officer appointed under the said act; and that the officer shall not after that time receive the same without the direction of the Court or a Judge. And it is hereby further ordered that 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, and for taking acknowledgments of deeds, and for examining married women, and for the proceedings, matters, and things required by the said act to be had, done, and executed, for completing and giving effect to such acknowledgments and examinations, shall be as follows: To a Judge or Master for taking the acknowledgment of £ s. d. 1 6 8 .... To the two perpetual commissioners for taking the acknowledg- 1 6 8 mile, but not exceeding three miles, besides his reasonable travelling expenses ... FINES AND RECOVERIES. 110 To each commissioner, where the distance required shall ex- names ... To the same, for every further complete number of fifty names, an additional To the officer, for every search To the same, for every official copy of the certificate........ To the same, for every official copy of a list of commissioners, provided such list shall not exceed the number of one hundred names 01 0 ..... 050 To the same, for every further complete number of fifty names additional ..... To the same, for preparing every special commission, including a fee of five shillings to the clerk of the Chief Justice or other Judge, for the fiat To the same, for examining the certificate and affidavit, and filing and indexing same, as required by the said act of the 3rd and 4th Will. 4, c. 74 0 2 6 0 15 0 05 0 And it is hereby further ordered that the fees and charges to be paid for the entries of deeds required by the said act to be entered on the court rolls of manors, and for the indorsements thereon, and for taking the consent of the protectors of settlements of land held by copy of court roll, where such consents shall not be given by deed, and for taking surrenders by which dispositions shall be made under the said act by tenants in tail of lands held by copy of court roll, and for entries of such surrenders, or the memorandums thereof, on the court rolls, shall be as follows: For the indorsements on the deed of the memorandum of production, and memorandum of entry on court rolls, to be £ s. d. |
