Chap. 59.—An AOT to Amend and Re-enact the fourth and seventh Sec-
tions of Chapter one hundred and twenty-one of the Code of Virginia,
(edition of eighteen hundred and sixty, ) and all Acts Amendatory there-
of, in Relation to the Taking of Acknowledgments of Deeds.

Approved February 5, 1873.

1. Be it enacted by the general assembly, That sections
fourth and seventh of chapter one hundred and twenty-one
of the Code of Virginia (edition of eighteen hundred and
sixty), and acts amendatory of said sections, be. amended and
re-enacted so as to read as follows:

§ 4. When a husband and his wife have signed a writing pur-
porting to convey or transfer any estate, real or personal, she
may appear before a court authorized to admit such writing to
record, or before the clerk thereof at any place within the
county or corporation ; and if, on being examined privily and
apart from her husband by the judge of the court, or by the
clerk, and having such writing fully explained to her, she ac-
knowledge the same to be her act, and declare that she executed
it willingly, and does not wish to retract it, such privy exami-
nation, acknowledgment, and declaration, shall thereupon be
recorded in such court, or in the clerk's office, or she may ap
pear before two justices, who shall be present together, or a
commissioner in chancery, or a notary public, within the United
States, or before a commissioner appointed within the same by
the governor of this state, and such justices, commissioner in
chancery, notary, or commissioner, may so examine her; and
if, after such examination, she may make such acknowledgment
and declaration, shall certify the same on or annexed to the said
writing to the following effect ; that is to say: State (or terri.
tory, or district) of , county (or corporation) of , to
wit: I, , &@ commissioner appointed "by the governor of the
state of Virginia, for the said state (or territory, or district) of
; or we, —— and , justices of the peace; or I, 5
& commissioner in chancery of court (or notary public) for
the county (or corporation) of , in the state (or territory,
or district) of , do certify that E. F., the wife of G. H.,
whose names are signed to the writing above (or hereto an-
nexed}, bearing’ date on the day of , personally
appeared before me (or us), in the county (or corporation)
aforesaid, (or if it be a commissioner, in the state, or territory,
or district aforesaid,) and being examined by me (or us), privily
and apart from her husband, and having the writing aforesaid
fully explained to her, she, the said E. F., acknowledged the
said writing to be her act, and declared that she had willingly
executed the same, and ‘does not wish to retract it. Given
under my hand (or our hands) this day of , Anno
Domini ; or if the wife be without the United States, she
may appear before any minister plenipotentiary, charge d'affairs,
consul general, consul, vice consul, or commercial agent, ap-
pointed by the government of the United States to any foreign
country, or before any court of such country, or the mayor, or

other chief magistrate of any city, town, or corporation there.
in, who shall examine her, and make such explanation as is
above required, when the wife is in the United States, and 1
then she make such acknowledgment and declaration as is so
required, the person having such appointment, or such mayor,
or chief magistrate, or the proper officer of such court,
shall give a certificate, under his official seal, of the said exami-
nation, explanation and declaration to the effect required, when
the wife is the United States, and upon or annexed to such
writing in like manner.

§ 7. When the privy examination, acknowledgment and de-
claration of a married woman shall have been so taken and
recorded, or when the same shall have been taken and certified
as aforesaid, and the writing to which such certificate is annexed,
or on which it is, shall have been delivered to the proper clerk,
and admitted to record as to the husband as well as the wife,
such writing shall operate to convey from the wife her right of
dower, in the real estate embraced therein, and pass from her
and her representatives all right, title and interest of every
nature, which at the date of such writing, she may have in any
estate conveyed thereby, as effectually as if she were, at the
said date, an unmarried woman ; and such writing shall not
operate any further upon the wife, or her representatives, by
means of any covenant or warranty contained therein.

2. This act shall be in force from its passage.