Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-04-15
Reported for the Journal,

| Reported for the Journal
Am Act TO be entitled t'An Act In Relation
| to the Privy Examination of Married
| WOmSn.'
The General Assembly of North CARROLL
ma do enact
Section l. That when any person shall
desire to have registered any deed for land
or other estate situate within the State, OF
any power of Attorney to convey the same
or bill of sale or other instrument OF
writing required or allowed to be register
ed, whenever such deed, power of attor-
ney, bill of sale or other instrument may
have been executed by a femme cocert then
residing within the State, and her privy
examination is required to be taken by
law, the same may be acknowledged by
the grantor or proved by the witness be-
fore the Judge OF Probate of any county of
the State, and the Judge of Probate may
issue a commission under the seal of such
Court to a Justice of the Peace IF the
county within which such femme c00e1t le-
sides, authorizing him to take examination
OF such cOreTt party to the same and the
proceeding of such Justice of the Peace
so authorized as commissioner being re-
turned to the Probate Court, the Court
may proceed to adjudge that such deed or
other instrument Is duly acknowledged or
proved and the said examination is in due
form and thereupon the same with the
said proceedings shall be registered and
such registration shall have the same ef-
feet as if the proceedings had been in open
Probate Court, provided EOthiug herein
contained shall bc construed TO exclude
the Judge'oi Probate from taking tie priyy
o1.-aaip"tiol4 II .,ny -.,e..o v,e-rt VINO l.. J
nppe; before him.
Sec. 2. The Judge of PI obate shall issue
said commission in the following form,
namely:
The STATE OF NoATH CAROLINA,
10 A. Il. Greeting:
Whereas, L. CT. hast produced a deed
Of Tor other instrument as the case may
be- conveyance made to him from Ell. j.
and K, nis wife, of a certain tract or par
Gel of land, lying and being IN the County
of. .................in our State and pro-
cured the same to be proved Tor acknOw-
ledged) by the said FL. J. before me, 49,.
...., Judge of Probate of said
county, and II being represented TO our
said Court that it is required by law that
K, wife Of the E. j., 10 be priyily as to
her free consent IN executing the said con-
Yeyance, know ye that rep0slng confidence
in your prudence / have appointed you
and by these presents do give unto you
full poWe. and authority to take the pri
Yate examination Of the said X, wife of
the SalO Ii. a., conveying uGf Tree con-
sent in executing the said conveyance aud
therefore command you that at such GER
tain day, and place as you shall think fit,
you go to the said Is. If she cannot con-
veniently come to you and privily and
apart from her husband examine her
whether she executed the said conveyance
freely and of her own accord and without
fear or compulsion Of her husband the
examination being plainly and distinctly
written on the said deed Or some paper
annexed thereto, and when you have taken
the examination you are to send the same,
the same closed up, under your seal to
gether with this Commission to our said
Court of Probate Witness NJ, 1890.
Judge of Probate of said county, at office
this ....... day Of ........ A. ID. 49,.
Sec. B. That the return of said Justice
Of the Peace shall be substantially as fol-
lows:
Personally appeared before me, .......
Justice of the Peace of county, K,
wife of Ii j, and acknowledged the due
execution of the foregoing or (annexed
deed of conveyance or other instrument
and the said K being by me- privately ex-
amined separate and apart from her hus-
band touching her voluntary execution of
the same, doth state that she signed the
Same freely and voluntarily, without fear
or compulson from her husband or any
other person, and that she doth still Volun-
tarily assert thereto.
Witness my hand and seal this. 1890.
day Of ......, A. d. 1900.