Re Anna Booth and Others
| Jurisdiction | England & Wales |
| Judgment Date | 16 November 1858 |
| Date | 16 November 1858 |
| Court | Court of Common Pleas |
English Reports Citation: 141 E.R. 218
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 28 L. J. C. P. 138; 4 Jur. N. S. 1301.
in re anna booth and others. Xov. IGth, 1858. [S. C. 28 L. J. C. P. 138; 4 Jur. N. S. 1301.] Tha court will .enlarge the time for returning a commission for taking the acknowledg-nient of a mjarried woman abroad, under the 3 & 4 W. 4, c. 74, where, by reason of the remoteness of the residences of the parties, the time allowed has proved too short.-A commission was directed to " William Bates, lawyer, John Howey, wholesale grocer, ^,nd Alexander Cummins, wholesale grocer, all of Debuque, in the state of Iowa, in the united states of America." The certificate of acknowledgment was a^ned by " Andrew Cummins and John Hoey." The affidavit of verification was made by Hoey, who described himself as one of the commissioners, and stated that the certificate was signed by Andrew Cummins, "the other commissioner." An affidavit was produced, made by the solicitor who prepared and sent out the commission, who stated that " he verily believed that the said Andrew Cummins and John Hoey who signed the certificate of acknowledgment, and the said John Hoey who made the affidavit of the due taking thereof, were the persons to whom the commission was intended to be directed :"-The court refused to allow the documents (a) The 5th section of the 21 & 22 Viet, c. 74, repeals so much of the 17 & 18 Viet. c. 125, as enables the superior courts, or a judge thereof, to refer any cause to the judge of any county-court. 5 a B. CN. 3.) Ml. tN RE ANNA BOOTH 219 to he received and filed without a further affidavit by some person acquainted with the place, who could more clearly identify the parties for those intended.-It is 110 objection that the notarial certificate is on paper instead of parchment.-There being sufficient upon the documents reasonably to satisfy the court that the commission had been bona fide executed,-the court permitted them to be received, though the notarial certificate did not in terms verify the signature of the justice of the peace before whom the affidavit of verification purported to be sworn. On the 2lst of December, 1857, three commissions were sent out to the united states of America to take the acknowledgments of Mrs. Anna Booth, Mrs. Elizabeth Cock, and Mrs. Charlotte Foster, under the statute 3 & 4 W. 4, c. 74. The commissions were returnable on or before the 1st of October...
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