the-ordinances-of-the-legislative-counci-1890v2 — Page 166

750 [ 12 of 1385. ] MARRIED WOMEN'S DISPOSITION OF PROPERTY.
Chief Justice , The expression “ the Chief Justice ” shall mean the Chief
Judge, Land Justice of the Supreme Court, and the expressions “ the Land
>
Officer and Land Office " shall mean the Land Office and Land
Officer of this Colony.
A married
woman with 2. A married woman may by deed dispose of any land and
husband's money subject to be invested in the purchase of land, and also
andcurrencia
by deed dispose of, disclaim, release, surrender, or extinguish any estate
acknow.
ledged may
which she alone, or she and her husband in her right, may have
in any land or in any such money, and also release orextinguish
dispose of
lands, any power which may be vested in , or limited , or reserved to
(3c.4 4 Will. her in regard to any land, or any such money , or in regard to
77, 78.] any estate in any land, or in any such money, as fully and
effectually as she could do if she were a feme sole, but no such
disposition, disclaimer, release, surrender or extinguishment
shall be valid and effectual unless the husband concur in the
deed by which the same is effected, nor unless the deed be
acknowledged by her as hereinafter directed.
Provided that the powers of disposition given to a married
woman by this ordinance shall not interfere with any power
which , independently of this ordinance, may be vested in , or
limited , or reserved to her, so as to prevent her from exercising
such power in any case, except so far as by any disposition made
by her under this ordinance she may be prevented from so
doing in consequence of such power having been suspended or
extinguished by such disposition.
Deed by mar- 3. Every deed to be executed by a married woman for any
ried woman to
be acknow
ledged.
of the purposes of this ordinance shall upon her executing the
[ 1bid . .. 79.) same, or afterwards, be produced and acknowledged by her as
her act and deed before a commissioner to be appointed as
hereinafter provided.
Examination 4. The commissioner before he shall receive such acknow
of married
woman apart ledgment, shall examine the roman apart from her husband
[from
Ibid.husban
s. 80.]d, touching her knowledge of such deed, and shall ascertain
whether she freely and voluntarily consents to such deed, and ,
unless she does so, shall not permit her to acknowledge the
same, and in such case such deed shall , so far as relates to the
execution thereof by such married woman , be void .
Appointment
of commis.
5. The Chief Justice may, whenever it seems desirable to
sioners . hiin so to do, appoint one or more commissioners for taking
[ Ibid. secs. acknowledgments by married women of the deeds to be executed
81 , 83. ]
by them as aforesaid, and such commissioners shall be removable
by and at the pleasure of the Chief Justice. The Chief Justice
may also from timeto time as occasion may require appoint a
special commissioner to take the acknowledgment of any par
ticularmarried woman in England or in any other place out of
the Colony.