26Deeds executed by married woman under proclamation of 6 March 1819 valid

#### 26 Deeds executed by married woman under proclamation of 6 March 1819 valid 26 Deeds executed by married woman under proclamation of 6 March 1819 valid > > (1) Every deed, conveyance, or other instrument in writing made and executed by any married woman prior to the first day of January, one thousand eight hundred and forty-four, of and concerning any lands, tenements, or hereditaments situated in New South Wales, and acknowledged in the form and manner appointed and directed by the proclamation of the Governor bearing date the sixth day of March, one thousand eight hundred and nineteen (a true copy whereof is set forth in the Sixth Schedule), shall be and be taken to be valid and effectual to pass and convey all the right, title, and interest of such married woman to and in all such lands, tenements, or hereditaments intended to be alienated and conveyed by such deed or other instrument. > > > (2) Any deed in due form of law, made and executed by any party from whom any estate, right, title, or interest in any lands, tenements, or hereditaments situated in New South Wales, is or may be intended to be passed, and duly acknowledged by such party in the manner hereinafter provided, shall be as valid and effectual to pass all the estate, right, title, interest, and claim of the respective parties to such deed, in or to all and every such lands, tenements, or hereditaments in such deed mentioned and intended to be conveyed, and to transfer and convey the same to the grantee, bargainee, or other person therein mentioned, his heirs and assigns for ever, according to the several estates and interests by such deed conveyed and limited as if a fine with proclamations had been levied, or a common recovery suffered, of such lands, tenements, or hereditaments, or as if such lands, tenements, or hereditaments intended to be conveyed had been conveyed by the firmest and most regular deeds, conveyances, and instruments. > > > (3) All deeds shall be deemed to be and to have been duly acknowledged when the acknowledgment has been or purports to have been received and certified as follows, that is to say: > > > > > (a) in New South Wales by: > > > > > > > (i) any Judge of the Supreme Court, or > > > > > > > (ii) the Registrar-General or his deputy, or > > > > > > > (iii) any commissioner of the Supreme Court authorised to take affidavits and not residing within five miles of the city of Sydney, or > > > > > > > (iv) any person authorised by a commission under the hand and seal of the Judges of the Supreme Court, or any of them, to take and receive acknowledgments for the purposes of this Act, or > > > > > (b) in any part of Her Majesty’s dominions other than New South Wales by: > > > > > > > (i) any Judge exercising jurisdiction in such part, or > > > > > > > (ii) the Mayor or Chief Magistrate of any city or town in such part, or > > > > > > > (iii) any commissioner of the Supreme Court of New South Wales for taking affidavits, or > > > > > (c) in any foreign country by: > > > > > > > (i) The British Consul or Vice-Consul, or > > > > > > > (ii) any commissioner of the Supreme Court of New South Wales for taking affidavits. > > > (4) If a married woman is a party to any such deed she shall be examined privately and apart from her husband by the person before whom such acknowledgment is made as aforesaid, and shall confess that she executed the same freely and voluntarily and without the fear, menace, or coercion of her husband. > > > (5) Every such acknowledgment and confession shall be certified as aforesaid under seal or otherwise by the person before whom the same is made, and such certificate shall be endorsed or affixed to the deed, and shall be in the form or to the effect of the form in the Fifth Schedule, and shall be deemed and taken as sufficient proof of every such acknowledgment or confession as aforesaid. > > > (6) Every deed affecting or intended to affect land in New South Wales, which has been executed by any married woman or tenant in tail, and which purports to have been acknowledged by such woman or tenant before some person having authority in that behalf, shall be valid and effectual in its intended operation to all intents and purposes, notwithstanding that the acknowledgment endorsed on such deed may not have been taken or certified in due form. > > > (7) No such acknowledgment shall be taken before the person employed to prepare the deed acknowledged, or before a person being a party thereto. > > > (8) This section shall not prejudice the rights of any person under any decree, order, or judgment of any Court of competent jurisdiction made prior to the passing of this Act, or in any suit, action, or other judicial proceeding pending at the passing of this Act.