Rebecca Darling
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1845 |
| Date | 25 November 1845 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 980
IN THE COURT OF COMMON PLEAS.
in the matter of eebecca darling. Nov. 25, 1845. The court allowed an acknowledgment to be received and filed under the 3 & 4 W. 4, c. 74, s. 85, where the affidavit verifying the same was sworn before " The Provisional British Consul for the Society Islands," it appearing that there was no notary or any other official. person before whom it could have been sworn, within many hundred miles. Channell, Serjt., moved to enlarge the time for returning a commission sent out to Tahiti, one of the Society Islands, in the South Seas, to take the acknowledgment of Rebecca, the wife of David Darling, and for leave to file the commission, certificate of acknowledgment, and affidavit verifying the same. The commission was directed to be returned on the 1st of February, 1845, but, by reason of circumstances disclosed in the affidavit upon which the motion was founded, it only reached England on the 18th instant. It also appeared that the commission had been directed to George Pritchard, Her Majesty's consul at Tahiti, and to several other British residents there, or to any two of them; that the deeds appeared to have been duly executed and acknowledged, and such acknowledgment was duly certified by two of the commissioners named in the commission; and that the affidavits verifying the same, were sworn before "G. C. Miller, Provisional British Consul for the Society Islands." The affidavit further stated that the packet in which the commission was returned, contained a letter from David Darling, dated the 3rd of February last, and addressed to the solicitors, stating that Mr. Pritchard had been removed [348] from his office of consul on the island of Tahiti by the French authorities, but that Mr. G. C. Miller, the nephew of General Miller, consul-general for the South Seas, had been appointed provisional consul for Tahiti, and that, in -the absence of Pritchard, the documents had been handed to him. The affidavit also stated that the deponent had been informed and believed, that, in...
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