1. The execution of the conveyance: - by married women, etc. - conveyance of trust estates under the Trustee Act, 1850.

2. As to the discharge of incumbrances.

3. As to purchaser's liability to see to application of purchase money.

4. As to the amount payable in respect of purchase money - how increased or diminished.

5. To whom and how the purchase money should be paid.

6. As to purchaser's right to deeds, attested copies, etc.

7. As to matters necessary to insure the full effect of executed conveyance; - registration, inrolment, etc.

8. As to stamps.

9. As to costs.

(1.) The vendor must in person convey (a), or, as respects copyholds, surrender (b) the property; the purchaser need not rely upon a power of attorney: and any assurance of a married woman's interest in real estate, executed under a power of attorney, seems to be inoperative (c).

Where, on the sale of freeholds, a married woman joins in respect of her estate or interest not settled to her separate appointment or use, her acknowledgment of the deed under the 3 & 4 Will. IV. c. 74, is an essential part of the conveyance (d); and the purchase money should not be paid until such acknowledgment be perfected.

Vendor must convey in person.

Conveyance of freeholds by married woman must be acknowledged

(a) 2 Ves. 681.

(b) Mitchel v. Neale, 2 Ves. 679; Noel v. Weston, 6 Mad. 50.

(c) Graham v. Jackson, 6 Q. B. 811.

The acknowledgment is to be made before one of the judges of the superior Courts at Westminster, or a Master in Chancery, or two of the perpetual Commissioners appointed under the Act (e), or - where by reason of residence beyond seas, or ill health, or any other sufficient cause, the married woman shall be prevented from so acknowledging the deed - before special commissioners to be appointed by the Court of Common Pleas (f). Where a commission had issued to persons supposed to be near a particular locality up the country in India, and, in consequence of their removal, the acknowledgment was taken before strangers, the Court, under the special circumstances, allowed the commission to be amended by inserting their names (g): when the Christian name of the woman was unknown, a commission issued with the name in blank; but the Court observed, that more than ordinary care must be taken to verify the party by affidavit (h).

The person or persons taking the acknowledgment must sign a memorandum and certificate (i), in the forms prescribed by the 84th section of the Act; the certificate, with an affidavit (k) verifying the same, is then to be filed in the Common Pleas; and thereupon the deed will, as respects the married woman, take effect from the time of acknowledgment (l); when the certificate and affidavit arc inconsistent with each other, the Court will not allow them to be filed (m); and therefore, of course, will not permit a certificate to be so amended as to make it vary from or alter the sense of the affidavit (n). under 3 & 4 Will. IV. c. 74.

Acknowledgment by whom to be taken.

Special Commissioners appointed, nunc pro tunc.

Certificate of acknowledgment to be made, verified and filed.

(d) Billing v. Webb, 1 De G & S. 716; Lasaence v. Tierney, 1 Mac. & G. 572.

(e) Sect. 79.

(f) Sect. 83.

(g) In re Stubbs, 5 Sc. N. R. 327.

(h) In re Apperton or Atherton, 1 C. B. 447; 3 Dow. & L. 26.

(i) A description of the woman in the certificate, as " Mary the reputed wife of A. B., otherwise Mary S., spinster," has been held to be sufficient; Ex parte Francis, 5 C. B. 498.

(k) Which may be on either paper or parchment: Ex parte Carr, 5 C. B. 496; see In re Foster, 7 C. B. 124.

(7) Sects. 85 and 86.

The General Rules published by the Court of Common Pleas in Hilary Term, 1834, provide, that in case of an acknowledgment before Commissioners, one, at least, of such Commissioners shall be a person who is not interested in the transaction, or concerned therein as attorney, solicitor, or agent, or clerk to any attorney, solicitor, or agent so interested or concerned: and the Commissioners are to inquire of the married woman, separately from her husband and from the attorney or solicitor employed in the transaction, whether any provision is to be made for her in lieu of the interest which she gives up (o); and, if so, are to satisfy themselves before taking the acknowledgment that such provision has been made by some deed or writing produced to them, or, if not made, then they are to require its terms to be reduced into writing, and verify the same by their signatures; and the affidavit (p) (which may be made by one of the Commissioners, although he be the solicitor employed in the transaction (q),) is to be in the form annexed to such General Rules.

The Court will allow the Acknowledgment to be taken in consideration of a sum of money actually paid to the married woman, if the sum so paid be too small (e. g., 40l.) to form the subject of a settlement (r): and the usual inquiry as to a provision is unnecessary on a compulsory sale to a Public Company (.9).

General rules of Hilary Term, 1834.

Separate examination of married woman.

Acknowledgment in consideration of money paid to married women allowed.

(m) In re Dixon, 4 C. B. 631.

(n) In re Millard, 5 C. B. 753; Ex parte Witty, 9 Dow. P. C. 838; see, as to interlineations, etc, in the affidavit, In re Worthington, 5 C. B. 511; In re Fagan, ibid. 436.

(o) See, as to taking an Acknowledgment from a deaf and dumb woman, In re Harper, 6 Man. & G. 732.

(p) The Affidavit must speak positively to the fact of her having attained majority: In re Coverley, 8 Scott, 147.

(q) In re Scholefield, 3 Scott, 657.

(r) Ex parte Webber, 5 C. B. 179.

When an Acknowledgment is taken abroad, the Court will not dispense with an Affidavit of verification sworn and authenticated according to the local Law, unless it be distinctly shown that great inconvenience would result from a strict adherence to the ordinary rule (t): upon this principle, the Court has received an Affidavit sworn before a British Consul, upon evidence either that he was, according to the Lex loci, competent to administer an oath (u), or that there was no local authority within reach who possessed such a power (v): so, also, it has received, under similar circumstances, Affidavits sworn before the "Provisional British Consul at the Society Isles" (w), the " Minister of the British Chapel at Moscow " (x), and a "political agent up the country in India" (y); but has refused to receive an Affidavit sworn before the British Minister at Florence, it not appearing that there was no local authority competent to take the Affidavit (z).