the-ordinances-of-the-legislative-counci-1890v4 — Page 75

1892 ORDINANCE No. 12 of 1885 .


Married Women's Disposition of Property.


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 pre

vented 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 of the
ried woman to
be acknow purposes of this Ordinance shall upon her executing the same, or after
ledged. wards, be produced and acknowledged by her as her act and deed before
[Ibid. s. 79.]
a commissioner to be appointed as hereinafter provided .


Examination 4. The commissioner before he shall receive such acknowledgment,
of married
woman apart shall examine the woman apart from her husband touching her knowledge
from husband.
of such deed, and shall ascertain whether she freely and voluntarily con
[ Ibid. 8. 80.]
sents to such deed, and , unless she does so , shall not permit her to ac
knowledge the same, and in such case such deed shall , so far as relates
to the execution thereof by such married woman , be void.


Appointment 5. The Chief Justice may, whenever it seems desirable to him so to
of commis
sioners. do, appoint one or more commissioners for taking acknowledgments by

[Ibid. secs. married women of the deeds to be executed by them as aforesaid , and
81, 83. ]
such commissioners shall be removable by and at the pleasure of the
Chief Justice . The Chief Justice may also from time to time as occasion
may require appoint a special commissioner to take the acknowledgment

of any particular married woman in England or in any other place out of
the Colony .


Person taking 6. When a married woman acknowledges any such deed , the com
acknowledg missioner taking such acknowledgment shall sign a memorandum to be
ment to sign
memorandum. endorsed on , or written at the foot, or in the margin of such deed , which
[Ibid. s. 84.]
memorandum, shall be to the following effect, viz . : --


" This deed marked (here add some letter or other mark for the
purpose of identification) was this day produced before me
and acknowledged by therein

named to be her act and deed , previous to which acknow
ledgment the said was examined

by me separately and apart from her husband touching'