SON ASSAULT,

See tit. Trespass.

SPECIFIC PERFORMANCE,

on bill for, defendant may shew that the agreement has
been discharged; 499, 500.

STAMP,

or that it is different from that intend-
ed; 503.

or that they afterwards agreed to a va-
riation; 503. 504.

plaintiff may shew the omission of a
term by fraud; 504, 505.

whether he may shew it by mistake or
surprise; 506. 509.

cannot vary agreement by parol evi-
dence, so to have it executed in its
varied form. 508.

part performance of agreement for land,
what. 510.

contents of unstamped paper cannot be shewn, if stamp
necessary. 441. 442.

other proof of the transaction, besides the writing,
when admissible. 442.

fact of payment may be shewn, if receipt unstamp-
ed; Id.

unstamped receipt, used as a memorandum; Id.
agreement admitted on the record, need not be
stamped. Id.

after payment of money into court, want of stamp
no objection. 454.

in action on note unstamped, when plaintiff may
recover on other counts. 442.

foreign instrument, to be stamped according to the
law of the country; 443.

bill incipient here, completed out of the king-
dom. 443. 444.

of proper value and denomination. 444.

receipt stamp not sufficient for promissory note.
Id..

articles of agreement under seal to be stamped as
a deed. Id.

agreement for house, and also for goods in it, to
be stamped as a lease. Id.

value being greater than the true stamp is not
material, if the denomination right. 444. 445.

STAMP, (continued.)

where the denomination is different, but of equal
or greater value, commissioners may re-stamp,
when. Id.

several stamps on one instrument, when necessary.
445-449.

new stamp, on alteration of instrument, when neces-
sary, 449-454.

on bill of exchange or promissory note, 449.

on policy of insurance. 450. 451.

if the alteration is to correct a mistake, new stamp
unnecessary. 451–453.

unstamped instrument, evidence for collateral purpo-
ses, when; 454-458.

in action for penalty for illegal insurance, 454.
for bribery at election. Id.

unstamped paper, as a memorandum, Id.

as secondary evidence, Id.
unstamped agreement may be inspected, to as-
certain the time with reference to a subse-

quent agreement, 455.

or to see the nature of the
handwriting. Id.

unstamped instrument may be recovered
in trover. Id..

unstamped instrument, evidence in prose-
cution for forgery. 455. 456.

draft, unstamped, not admissible on indict.
ment for secreting a letter containing,
&c., under stat. 7 G. 3. c. 50. s. 1. 456.
policy of insurance unstamped not evi-
dence on indictment for burning, &c.
with intent, &c. 457. 458.

party when compellable to produce writings, to
be stamped, previous to trial. 388.

lost instrument presumed to be stamped, when. 458.
want of, when to be repaired, and how. 459. 460.
want of stamp not to be objected to, after pay-
ment of money into court. 460.
agreements, what, to be stamped; 460.

minute of agreement by auctioneer.
460.

fresh item added. 461.

receipt, properly stamped as such,
admissible, though it contain an
agreement. Id.

STAMP, (continued.)

cognovit need not be stamped; Id.
agreements exempted from stamp, what; 462.

1. memorandum of assurance. Id.
2. memorandum for granting
lease. Id.

agreement, when a present de-
mise. Id.

3. memorandum for hire of la-
bourer, &c. 463.

agreement for assignment of
apprentice not exempted.
1d.

4. memorandum for or relating
to sale of goods. 463.

agreement to take a share of
goods, &c. Id.

agreement to indemnify on re-
sale, &c. Id.

guarantee for payment of
goods. Id.

agreement for making of
goods, 463. 464.

agreement for sale of crops,
464.465.

5. memorandum between master
and mariners of ship, &c. 465.
6. letters containing agreement
respecting merchandize be-
tween merchants. 465. 466.

STATUTE OF FRAUDS, (st. 29. C. 2. c. 3.)

first and second sections; 353.

leases of land by parol-their effect 353.
leases, not exceeding three years, excepted.
Id.

meaning of these sections; 354.

easement in land not within the first, 354.
as, agreement for use of a way,
other examples; 354.

leases by parol, though not available as to
the duration of interest, yet may be evi-
dence for other purposes; 355.

parol leases for more than three years, cre.
ate a tenancy from year to year; 356.

third section. 353.

as to assignment or surrender of leases; Id.

STATUTE OF FRAUDS, (continued.)
meaning of this section. 356.

if a deed, before the statute, was requisite
for a surrender, still necessary; 356.
lease not surrendered by mere cancelling;
Id.

recital in a lease, that a former lease is sur-
rendered, not a writing within the section.
Id.

fourth section. 357.

cases to which it applies; Id.

where the agreement is not the subject of
an action; Id.

agreement need not be declared upon, as
written; 358.

must be shewn by defendant's plea to be in
writing; Id.

when defendant has paid money into court
on plaintiff's declaration, written agree-
ment need not be proved; 358.

party, admitting the mere fact of an agree-
ment, may avail himself of the statute;
359.

where an agreement is for several things, if
the plaintiff cannot recover upon part of
it for want of a written memorandum, he
cannot recover at all; 359.

promise to answer for another person's debt;

359.

original undertaking-collateral; 361.
promise to pay in consideration of staying

a suit against J. S. when within the
clause; 361.

purchasing the debts of creditors of third
person, not within the clause; 362.
promise to pay for attendance on third
person, when defendant was under legal
obligation to pay; 362. 363.

agreement in consideration of marriage. 363.
mutual promise to marry, not within the
clause; 363. 364.

contract or sale of lands, &c. 364.

meaning and extent of the clause. Id.

STATUTE OF FRAUDS, (continued.)

sale of lands by auction, within it; 365.
agreement for rent charge, right of com-
mon, &c. 365.

that an arbitrator shall determine

as to a lease; 365.

for easement in land; Id.

for abatement of rent of land. Id.

for crops growing in land; Id.

agreement not to be performed within a year.

366.

cases within the clause; Id.

depending on contingencies; Id.

agreement to be in writing; 367.

1. Subject-matter of the writing; Id.
meaning of the word "agreement" in
this clause; Id.

consideration to be stated; 367. 368.
amount of debt of third person, which
defendant has promised to pay, need
not be mentioned; 363.

contracting parties must be named. 368.
2. What 66
a memorandum or note of agree-

ment."

369.

deed, though not available as such, yet
in some cases evidence of terms of
contract, Id.

terms of agreement need not be contain
ed in a single paper; Id.

if several papers, they need not be con-
temporaneous; Id.

must be connected, and not by parol
evidence; Id.

examples of contracts proved by seve-
ral connected papers; 370. 371.

Agreement to be signed. 372.

mere draft of agreement read over, not
sufficient; Id.

though perused and altered by
defendant; Id.

part of the paper, where the signature is
made, immaterial. Id.

whether sufficient, if the defendant's name
is written in the body of the agreement.
Id..
defendant's name printed, sufficient; 373.