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ACKNOWLEDGMENT-continued.

under Wills Act-continued.

acknowledgment by gestures, 317

will must be signed before attestation, acknowledgment
after insufficient, 317

witness cannot acknowledge signature, 319

ACQUIESCENCE.

when defence of statute barred by, 462
in expenditure of money, effect of, 468

ACT AND OPERATION OF LAW,
surrender by definition of, 40
cases to which words applied, 41
disclaimer of title not, 41

nor agreement to pay additional rent, 41
nor by landlord to lay out money, 41

nor by tenant to purchase, 41

ACTIONS,

See also "SURRender,' 99 66
"ACCEPTANCE OF NEW LEASE."

in respect of verbal contracts made abroad, 65

promise to pay if action against another stayed, 109

in respect of void agreement concerning interest in land,
156-158

See "SPECIFIC PERFORMANCE," "PART PERFORMANCE."

implied contracts, liability on, 158

ACTS OF PART PERFORMANCE,

must be unequivocal not introductory or ancillary, 463
must be referable to an agreement, 471-474

See "SPECIFIC PERFORMANCE," "PART PERFORMANCE."

ADMINISTRATION.

husbands not compellable to make distribution of personal
estate of wives, 458

distinction between right of husband under void and voidable
marriage, 458

wife divorced, 459

deserted, 459

ADMINISTRATOR DE SON TORT,

surrender by, 38

ADMISSION INTO POSSESSION,

under terms of agreement is part performance, 465

express assent to, not necessary, 466

either party may enforce agreement, 467

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appointment of moder second section of statute need not be in
writing. 77

for panthase or sale of land or goods may be by parol, 287
coe soetrating pany cannot be spent for other, 257
Auctioneer at publie sale is, for both parties, 20

but not at private sale. 289

ambority of may be negatived by facts of case, 289

when agency for purchaser begins, 259

evidence to prove. 240

ratification of agent's act. 201

signature by clerk of auctioneer, 293

by telegraph clerk, 293

broker is agent for both parties, 293

signed entry in his books constitutes contract, 294
bought and sold notes do not constitute contract, 296
but are proper evidence of it, 205

either note may prove if no variance, 297

variance between signed entry and notes, 298

between letters and bought and sold notes, 299

between unsigned entry and differing notes, 299

immaterial variance not avoid contract, 300

sale on credit by broker, vendor's right to retract, 300
broker employed by purchaser only his sold note when
binding, 301

revocation of broker's authority, 301

AGREEMENT,

by parol for sale may operate to excuse trespass, 9
to grant lease effect of entry under, 13

when enforced, 16, 17

for new lease not surrender, 47
See "NEW LEASE.”

in consideration of marriage, 121

See" MARRIAGE."

for leases or sale of leases, are for interest in land, 150

mixed indivisible contract partly void, 151.

AGREEMENT—continued.

amounting to transfer of interest in land within statute, 151

for surrender of tenancy, 151

to quit possession by lessee, 151

for sale of milk walk, 152

to let furnished lodgings, 152

to furnish, 152

to repair, 153

to build, &c., 153, 154

for partnership, 154

for sale of fixtures, 155

merely collateral, 155

must be concluded in order to bind, 256

contract acted upon, binds without express acceptance, 257

additional term, no acceptance, 258

immaterial addition, effect of, 259

conditional acceptance, 259

parol acceptance, 260

special acceptance, 261

withdrawal of offer, 261

determination, 262

rejection, 262

acceptance must be in reasonable time, 262

66

must be complete in order to obtain specific performance, 481
authentication of, see "AGENT," "MEMORANDUM," "SIGNATURE."
consideration on, see CONSIDERATION."

66

evidence to explain, see " EVIDENCE," "PAROL EVIDENCE."

AGREEMENT NOT TO BE PERFORMED IN A YEAR,
must be one not to be completed within year, 178-180

services rendered in pursuance of void contract may be proved
by parol, 180

contract which may possibly be performed within a year not
within statute, 181

nor contract to be performed on a contingency, 182
contract for service to commence at future day within statute,

183

contract defeasible within year, effect of, 184

contract executed by one of parties not within statute, 184
vendition of right, 185

ALTERATION,

in terms of contract, how proved, 66

in memorandum, effect of, 230, 231

in articles ordered, 272

assent to, 273

in document to be incorporated when excluded from probate, 347

ALTERATION-continued.

in will, under Wills Act, must be executed as will, 383
probate with, 390

in will made before Wills Act, presumption as to, 390

execution of, 392

evidence as to, 392

in will made before but altered after 1st January, 1838, 393
when codicil does not notice, presumption as to, 396
effect of in one of duplicate wills, 407

contract signed on faith of promise that alterations should
be made, specific performance when decreed, 507

AMBIGUITY.

parol evidence admissible to prove latent but not patent, 269
in terms of agreement specific performance not decreed, 512
APPOINTMENT OF AGENT, see
"AGENT."

ARREST,

promise to pay if another is discharged from, 112
ASSIGNMENT,

of leases, &c., 25

effect of third section of Statute of Frauds, 26

promise to pay debt in consideration of, 103-105

of trusts must be in writing or by will, 444

ninth section of statute refers to assignments by cestui que

trust, 445

form of instrument, 445

ASSUMED NAME,

signature to will may be by, 307

ATTESTATION OF WILLS,

provisions of fifth section of Statute of Frauds, 302

copyholds not within statute, 303

but customary freeholds are, 303
wills of personal estate not, 304

wills made at different times-attestation clause to part last
written sufficient, 304

when attestation of codicil set up, insufficiently attested
will, 305

names of witnesses must be subscribed for purpose of attesta-

tion, 306

mistakes where valid attestation, effect of, 306
acknowledgment of signature before witnesses,
under Statute of Frauds, 311

may be before each witness separately, 311

ATTESTATION OF WILLS-continued.

acknowledgment of signature before witnesses-continued.
witnesses need not see signature, 312

or know nature of instrument, 312

under Wills Act

signature must be made or acknowledged in presence of
both witnesses at same time, 313

express acknowledgment not necessary if signature visible,

313

signature not visible, 315

when acknowledgment may be presumed from circum-
stances of case, 315, 316

whether nature of document need be known to witnesses,
317

acknowledgment by gestures, 317

will must be signed before attestation, 317

attestation by witnesses

mark, 317

initials, 318

one witness cannot subscribe name of another, 318

wrong name, 318

guiding hand, 319

witness cannot acknowledge signature, 319

must be act apparent on paper, 319

where witnesses' signature may be placed, 320

part of will following signature of witness, 321

witnesses need not attest in the presence of each other, 329
re-execution, 329

no attestation clause requisite, 330

signature of legatee written under attestation clause, 330
when attestation of codicil applies to unattested will, 331
unattested codicil when incorporated in will, 331-333
reference may be to contents, 333

no attested codicil, 333

duly attested codicil referring to informal will or codicil,

334

second codicil not referring to unattested first codicil,

335

presumption of due execution, 335

when maxim omnia rite esse acta applies, 335

absence of witnesses, 336

their evidence unreliable, 336

illiterate witnesses, 337

contradictory, 337

when probate refused, 338

lost will, when probate granted of, 339

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