ACKNOWLEDGMENT-continued. under Wills Act-continued. acknowledgment by gestures, 317 will must be signed before attestation, acknowledgment witness cannot acknowledge signature, 319 ACQUIESCENCE. when defence of statute barred by, 462 ACT AND OPERATION OF LAW, nor agreement to pay additional rent, 41 nor by tenant to purchase, 41 ACTIONS, See also "SURRender,' 99 66 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, See "SPECIFIC PERFORMANCE," "PART PERFORMANCE." implied contracts, liability on, 158 ACTS OF PART PERFORMANCE, must be unequivocal not introductory or ancillary, 463 See "SPECIFIC PERFORMANCE," "PART PERFORMANCE." ADMINISTRATION. husbands not compellable to make distribution of personal distinction between right of husband under void and voidable 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 appointment of moder second section of statute need not be in for panthase or sale of land or goods may be by parol, 287 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 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 revocation of broker's authority, 301 AGREEMENT, by parol for sale may operate to excuse trespass, 9 when enforced, 16, 17 for new lease not surrender, 47 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 66 evidence to explain, see " EVIDENCE," "PAROL EVIDENCE." AGREEMENT NOT TO BE PERFORMED IN A YEAR, services rendered in pursuance of void contract may be proved contract which may possibly be performed within a year not nor contract to be performed on a contingency, 182 183 contract defeasible within year, effect of, 184 contract executed by one of parties not within statute, 184 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 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 contract signed on faith of promise that alterations should AMBIGUITY. parol evidence admissible to prove latent but not patent, 269 ARREST, promise to pay if another is discharged from, 112 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 made at different times-attestation clause to part last when attestation of codicil set up, insufficiently attested names of witnesses must be subscribed for purpose of attesta- tion, 306 mistakes where valid attestation, effect of, 306 may be before each witness separately, 311 ATTESTATION OF WILLS-continued. acknowledgment of signature before witnesses-continued. or know nature of instrument, 312 under Wills Act signature must be made or acknowledged in presence of express acknowledgment not necessary if signature visible, 313 signature not visible, 315 when acknowledgment may be presumed from circum- whether nature of document need be known to witnesses, 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 no attestation clause requisite, 330 signature of legatee written under attestation clause, 330 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 |