458
THE HONGKONG GOVERNMENT GAZETTE, 23RD MAY, 1885.
Certifiente
with affidavit to be lodged in Land Office.
Deed to take effect from time of ack- nowledgment.
Copy of certifi- caté evidence.
Husband's
concurrence
when dispen- xed with.
and produced a certain Indenture marked (here
add the naik) bearing date the
of
day
18 and made between (insert the names of the parties) and acknow- ledged the same to be her act and deed, and I do hereby certify that the said
was at the time of her acknowledging the said dead of apparent full age and competent understanding, and that she was examined by me apart from her husband, touching her knowledge of the con- tents of the said deed, and that she freely and voluntarily consented to the same.”
7. Every such certificate, within 3 months of its being signed shall be lodged with the Land Officer, who shall examine the certificate and see that it is in due form, is duly signed by the Commissioner and if the requisites in this Ordinance in that respect have been complied with, shall cause the same to be filed as record in the Land Office. 8. When the certificate is so filed, the deed so acknow- ledged so far as regards the disposition, disclaimer, release, surrender, or extinguishment thereby made, shall take effect from the time of its being acknowledged, and the filing of the certificate shall have relation to such acknow- ledgment.
9. The Land Officer shall, at any time deliver a copy, signed by him, of any such certificate to any person apply- ing for such copy, and every such copy shall be received as evidence of the acknowledgment of the deed to which such certificate refers.
10. If a husband is, in consequence of unsound mind, or from any other cause, incapable of executing a deed, or if his residence is not known, or he is in prison, or is living apart from his wife, either by mutual consent, or by sentence of divorce, or from any other cause whatsoever, the Chief Justice, may by an Order to be made in Summary way upon the application of the wife, and upon such evidence as to him shall seem mect, dispense with the concurrence of the husband in any case in which his concurrence is required by this Ordinance, or otherwise, and all acts and deeds to be done, executed, or made by the wife in pursuance of such Order, in regard to any land or in regard to money, subject to be invested in the pur- chase of land shall be as good and valid as they would have been if the husband had concurred, but without prejudice to the rights of the husband as then existing independently of this Ordinance.
ARATHOON SEth, Clerk of Councils,
[L.S.]
G. F. BoWEN.
See. J of Ordinance 16 of 1873 amended.
No. 13 of 1885.
An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Council thereof, entitled An Ordinance to amend Ordi- nance 16 of 1873.
E
[20th May, 1885.]
Bit enacted by the Gove cor of Hongkong, with the
advice of the Legislative Council thereof, as follows:- Ordinance 16 of 1873 is hereby amended as follows, viz. —
In Section 3 by striking out from the words "Every such application" to the words "the Colonies and,” both inclusive, and inserting in place thereof the words "If the parties making the application do not reside or carry on business in this Colony, the application must be transmitted to the Go- vernor through Iler Majesty's Principal Secre- tary of State for the Colonies; and if the parties are resident or have their principal business esta- blishment in this Colony, the application may be made direct to the Governor. Every such appli- cation."
ARATHOON SETHI, Clerk of Councils.
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