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county, and shall deliver a copy of the list for any county to any person applying; and the clerk of the peace shall deliver a copy of the list last transmitted to him to any person applying.

82. Perpetual commissioners may take acknowledgments of any married woman wherever she may reside, and wheresoever the lands or money may be.

83. If, from being beyond seas, ill health, or any other sufficient cause, the acknowledgment cannot be taken by a judge, master in Chancery, or perpetual commissioners, the Court of Common Pleas, or any judge thereof, may appoint special commissioners for the purpose.

84. When a married woman shall acknowledge a deed, the judge, master in Chancery, or commissioners, shall sign a memorandum, on the back, or at the foot, or in the margin of the deed, to the effect mentioned in the act, and shall also sign a certificate of the taking of such acknowledgment, to be engrossed on a separate piece of parchment, which certificate shall be to the effect mentioned in the act.

85. Every certificate, with an affidavit verifying the same, shall be filed by some officer of the Common Pleas.

86. On the filing of the certificate, the deed shall, as to the disposition by such married woman, take effect from the time of its having been acknowledged. 87. The officer with whom the certificates are lodged shall make and keep an index of the same.

88. After the filing of the certificate, the officer shall deliver a copy thereof signed by him, which shall be evidence of the acknowledgment.

89. The chief justice of the Common Pleas shall appoint the officer with whom the certificates shall be lodged; and the Court of Common Pleas shall make orders touching the examination, memorandums, certificates, and affidavits, and the time when the proceedings shall take place, and the amount of fees. 90. A married woman shall be separately exa- copyholds.

Alienation of

mined on the surrender of copyholds, to which she alone, or she and her husband in her right, may be entitled for an equitable estate, as if such estate were legal.

91. Power to the Court of Common Pleas, in the case of a husband being lunatic, or otherwise incapable of executing a deed, or making a surrender of copyholds, or of his residence being unknown, or of his living separate from his wife, by an order on the application of the wife, to dispense with his concurrence in any case, except where the Lord Chancellor, Lord Keeper, or Lords Commissioners, or other persons entrusted with lunatics, or the Court of Chancery, shall be the protector of a settlement in lieu of the husband.

92. Act not to extend to Ireland, except where expressly mentioned.

Custody of Infants.

2d and 3d VICTORIA, cap. 54.-[Royal Assent,
17th August 1839.]

An Act to Amend the Law relating to the
Custody of Infants.

Sec. 1. The Lord Chancellor and Master of the Rolls, upon the petition of the mother of any infant in the sole custody or control of the father, or of any person by his authority, or of any guardian after the death of the father, may make order for her access to such infant, or (if the child be under that age) for the delivery of such infant to her till the age of

seven.

2. Affidavits may be received on such complaints. 3. Orders may be enforced by process of contempt.

4. No mother against whom adultery shall be established shall be entitled to the benefit of the act.

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