STATUTE OF FRAUDS, (continued.)

signing as witness, with knowledge of con-
tract, Id.

draft of lease recognized by indorsement
of the party, Id.

or by his letter; Id.

Signing by the party charged, or some other person
thereunto lanfully authorized by him. 373.
1. As to party, who ought to sign; 374.

memorandum of agreement, naming both parties,
but signed only by one, will bind that one. 374.
omission of signature supplied by letter, &c.

374.

2. Who a person lawfully authorized within the
fourth section. Id.

agent need not be authorised by writing; Id.
auctioneer, the agent of seller; 375.

auctioneer's receipt of deposit, when sufficient
note of agreement; Id.

auctioneer's clerk, when authorised to sell; 375.
auctioneer, agent of purchaser; Id.

agent must be a third person, not one of the con-
tracting parties; 375.

Seventeenth section; 376.

executory contracts within it; 377.

contract for the making of goods, not within it,
377.

as, bespeaking a chariot not yet made; Id.
or buying wheat, which was to be threshed;
378.

sale of goods by auction seems to be within
this section; 378.

written memorandum not necessary, where part

of the goods has been accepted; 380.
what such an acceptance; Id.

acceptance of sample; Id.

what tantamount to delivery, where goods are
ponderous; 380.

delivery of key of warehouse; Id.
delivery of minuments of ship; Id.

sale of part of the goods by the buyer;

381.

order, for delivery, to warehouseman; Id.
weighing and measuring by order of buy-
er; Id.

buyer's writing his name on the goods;
Id.

INDEX.

STATUTE OF FRAUDS, (continued.)

是

buyer's using them as his own; Id.
delivery to carrier, by order of the buyer, an
acceptance; 382.

or in the usual course of dealing;

Id.

carrier not employed by buyer, but
by seller; Id.

contracts for transfer of stock within this sec-
tion; 383.

note or memorandum of bargain, what within
the section; 384.

consideration of the bargain need not be sta-
ted; Id.

what signing sufficient; 385.

signing by one party alone binds him; Id.
signature of broker, when the signing of both
parties; 385.

entry of broker in his book; Id.

bought and sold notes; Id.

auctioneer, at sale of goods, the agent of buy-
er and seller; Id.

memorandum of sale by auction; Id.

STEWARD,

entry by deceased, as to receipt of money; 207.
SUBPOENA,

ad testificandum, writ of, (see tit. Witness.)
what, 2.

how many may be put in one writ; 3.

duces tecum; 14, 386.

SUBSTANCE,

of issue to be proved. See tit. Evidence.
SURRENDER

of lease, how made. 353.

SURVEY. See tit. Terrier.

of benefices by Pope Nicholas; 321.
history of,

evidence of what; Id.

valor beneficiorum in reign of H. 8. 322.

in time of the commonwealth, Id.

their great authority in questions of tithes, Id.
ancient surveys, evidence, without proof of commis-
sion, when. 322.

of manor or estate, when evidence. 203.

T

TAXATION,

of Pope Nicholas. 321.

TENANT,

not allowed to dispute landlord's title. 181.
TERRIER,

of manor, evidence of boundary or tenure. 334.
ecclesiastical, what. Id.

TIME,

evidence of church possessions; Id.
for parson, when; 334. 335.
against him, when. Id.

from what repository; 334. 335.
by whom to be signed; 336.

signed by inhabitants of a parish, evidence of
a farm-modus, though the persons signing are
not shewn to have been occupiers. 336.
not evidence, unless possession satisfactorily
explained. 335.

variance in proof of. 173.

TITHES,

evidence of parson's title by admission. 181.
entry by deceased rector, evidence. 199-202.

modus on one particular farm, not evidence of modus
on another. 137.

unless some connection shewn. Id.
composition real, not to be presumed from usage. 124.
in action for, plea that plaintiff had not read the thir-
ty-nine articles, to be proved by defendant. 158.
answer of occupier of land, in a tithe cause, evidence
against a succeeding occupier. 284.

See tit. Prescription. Terrier. Modus. Survey.
TOLLS,

hearsay evidence of right of; 204.

verdict, evidence of, though between other parties.

252.

TRADESMAN,

entry in his books, by deceased shopman, evidence of
delivery of goods. 210-214.

observation on this sort of evidence. 211.

entry by tradesman himself not evidence. 211. 214.
entry, used as memorandum by shopman. 211.

entry by clerk, who is living, though abroad, not evi-
dence. 212.

TRADESMAN, (continued.)

entry by servant, stating terms of agreement, not evi-
dence. 213.

book, open to customer,-effect of, as a bill deliver-
ed. 213.

clause in st. 7 Ja. c. 12. as to admissibility of shop-
books. 213.

TREASON,

confession, evidence in case of. See tit. Confession.
conspiracy to seize the king's person, an overt act of
conspiring his death. 130.

so, conspiring with foreigners to effect an invasion; Id.
no overt act of distinct treason to be proved. 142.
proof of overt act by two witnesses; 114.

otherwise, where the overt act laid is assassina.
tion, &c. 115.

or in treason for impairing the coin.

113.

when other acts of the prisoner are evidence against
him, as shewing his intention, his contemporaneous
acts are also evidence for him. 144.

TRESPASS,

for assault. See tit. Assault.

any number of trespasses, within the days men-
tioned in the declaration, may be proved; 139.
140.

or one trespass beyond the remotest day. Id.
co-trespasser, competent witness; 33.

for taking goods,

defendant may shew title, under general issue;

135.

what property sufficient, to maintain the action;

123.

action by agister of cattle,

by stage-coachman; Id.

for mesne profits,

judgment in ejectment conclusive as to right of
possession; 255.

quare clausum fregit,

title of defendant may be shewn, under gene-
ral issue; 134.

or title in a third person, and entry by his com-
mand; Id.

licence from plaintiff, cannot; Id.

nor defect of fences,

nor easement; Id.

TRESPASS, (continued.)

proof of entry for distress admissible, under
general issue; Id.

on plea of soil and freehold, a verdict on the
same plea in a former action conclusive;
243.244.

TRUSTEE,

not incompetent witness, as liable to action; 42.

U

UNDER-SHERIFF,

declarations by, when evidence against the sheriff;
80. See tit. Sheriff.

UNDERWRITER,

competent for another underwriter in action on poli-
cy of insurance; 39.

USAGE,

evidence of agreement; 124. 125.

to explain ancient charters, 476.

private deeds, 477, 478.

mercantile contracts, 488-492.

See tit. Custom. Easement. Presumption.

USE AND OCCUPATION,

in action for, unnecessary to describe where the
premises lie; 174

USURY,

if described as lying in a particular
parish, they ought to be so prov-
ed; Id.

in action for penalties, the borrower competent; 40.

evidence of other usurious con-
tracts not admissible; 227.

may be given in evidence, under non-assumpsit; 132.
not in debt on bond, unless pleaded; 134.

UTTERING,

indictment for uttering forged notes or bad money—
proof of prisoner having uttered others similar, used
as evidence of his knowledge, &c. 143.

VARIANCE,

in proof of contract, 168.

of deed, 170.

of record, 171.

V

when the record only described, Id.