No. IV. 12th Feb. nomination, right of patronage and presentation The said J. P. died (y). No. V. Allowance. No. VI. ACCOUNTS. No. V. Allowance of an Account stated. Obs. This is not an acknowledgment of the receipt of the balance, and therefore does not require a receipt stamp, Wellard v. Moss, 1 Bing. 134; S. C. 7 Moore, 503. So for the same reason, an account current does not require a receipt stamp, Wright v. Shawcross, 2 B. & A. 502, n.; see further Acquittance. We the above-named A. B. and C. D. having carefully examined and compared the above-mentioned account with the several vouchers do approve and allow of the same, and do admit that the balance of £ is a just and fair balance. As witness our hands this 18 day of Under 17 G. 3, Allowance of an Account stated by a Nominee appointed under c. 53. the 17 G. 3, c. 53, for building or repairing a Parsonage. Obs. This statement is required to be given under 17 G. 3, c. 53, and 21 G. 3, c. 86 (see Dig. p. ii. tit. BENEFICE,) by the nominee, (y) In consequence of the death of the donor within the twelve months in which these gifts were made in favour of his successors as incumbents of his rectory, they were declared void under 9 Geo. 2, c. 36; see ante, note (x); but the devise of the advowson to the college was confirmed, Attorney-General v. Munby, ub. sup. and must contain an account of the monies advanced and paid by We have examined, and do hby approve and allow the above accounts. day of C. D. (Patron.) E. F. (Incumbent.) No. VI. Allowance of Accounts. ACKNOWLEDGMENTS. tween acknow Gen. Obs. Informal instruments serving as mere memoranda may, Distinction beas a rule, be admitted in evidence, without any stamp. An agree- ledgments and ment stamp is necessary only when a paper is evidence of an agree- agreements, ment directly, but not when it is used incidentally, Wheldon v. Matthens, 2 Chitt. 399. So an acknowledgment of having received or receipts. money for another does not require a receipt stamp, sec Acquittance, No. VII. Acknowledgment that an Agreement entered into by one was on behalf of another. Obs. As to the effect of such instruments as the following, see Gen. Obs. supra. I hby acknge that an agreement entered into by me, bearing date and made &c., was entered into by me for and on behalf of C. D. A. B. No. VII. Agreement. No. VIII. Acknowledgment of having received a Bill of Exchange for a particular Purpose. Obs. This may be admitted in evidence without any stamp, Langdon v. Wilson, 2 Mann. & Ry. 10; see further, Acquittance. I have received a bill of exchange, which I hold as your attorney, to recover, the value thereof from the parties, or VOL. I. D No. VIII. Bill of Exchange. No. VIII. Bill of Ex change. to make such arrangement for your benefit, as may appear to me in my professional character reasonable and proper. No. IX. No. X. Debt, &c. No. IX. A. B. Acknowledgment of a Debt, so as to take the Case out of the Obs. By the 9th G. 4, c. 14, s. 1, no acknowledgment or promise by words only, in an action of debt, or on the case grounded on simple contract, will be sufficient evidence of a new or continuing contract, so as to take the case out of the Statute of Limitations, unless it be in writing, or there be part payment. The 3 & 4 W. 4, c. 42, s. 5, contains a similar provision in respect to debts on bonds, or other specialties. By the 3 & 4 W. 4, c. 27, s. 40, any person's right to money charged on land or any legacy may be kept on foot by a written acknowledgment duly delivered to the person interested, or his agent. Acknowledgments which the 9 G. 4 requires to be in writing are by s. 8 of the same act exempted from stamp duty. As to the effect of acknowledgments by parol before and since those Acts, see Dig. p. iii. tit. LIMITATIONS. I do hby acknge that the sum of £, being part of the sum lent to me by C. D. of &c., is still owing and unpaid. of £ A. B. No. X. Acknowledgment of a Debt or Legacy still due, to prevent its being barred by the 3 & 4 W. 4, c. 27, s. 40. Obs. As to the effect of the provision in this section of the Act as compared with the 3 & 4 W. 4, c. 42, see Appendix, No. VIII. I A. B. of &c. do hby acknge that the sum of, £ , payable to C. D. (under or by virtue of the will of E. F., bearing date &c.) is still due and owing by me. Witness my hand this day of 18 . A. B. No. XI. Acknowledgment of the Receipt of Deeds. I do hby acknge that the above-mentiond several deeds. papers and writings are left and deposited in my hands and in trust for A. B. and C. D. to be kept as I keep my own goods. and writings and to be produced for the use of either of the sd pties as their respive occasions shall require. Witness my hand this day of 18 G. H. No. XI. Receipt of Deeds. No. XII. Acknowledgment by a Nominee under 17 G. 3, c. 53, of the Re- Acknowledgment of having received Mortgage Money,-see post, ACQUITTANCES. No. XII. Receipt of Money borrowed. No. XIII. No. XIII. Receipt of Acknowledgment by a Purchaser that Consideration-Money has Purchase Money. not been paid. Obs. The usual receipt clause in a deed of conveyance is conclusive at law (although not so in equity) that the purchasemoney has been paid, Co. Lit. 373 a (n. 3); where therefore, as is sometimes the case, part of the purchase-money is allowed to stand over, some acknowledgment is necessary to prevent the estate being exonerated from the vendor's lien. As to the exemption of such an acknowledgment from stamp duty, see ante, Gen. Obs. p. 33. I hby acknge that the whole of the sum of £ expressed in a certain indre, bearing date &c. to have been paid by me, was not so paid, but only the sum of £ No. XIV. Receipt of Writ ings. No. XIV. Acknowledgment of Writings received by a Mortgagee. Received the and writings mentioned and particularised in the under-written schedule which I hby promise to deliver upon the receipt of £ this day lent and advanced by me to the under-mentioned (mortgagor) his hrs or ass to keep the same safe and uninjured [loss or damage by fire or or. inevitable accidents excepted] Witness &c. [see ante, No. X.] C. D. day of 18 the several deeds papers A schedule of the deeds papers and writings relating to a certain messe &c. situate &c. the property of A. B. the mortgagor to C. D. for securing the repayment of the sum of £ and int. 17 & 18 May 18. Indentures of lease and release of these dates the release made between &c. No. XV. Title, No. XV. (Mortgagor.) Acknowledgment by Mortgagee in Possession of the Mortgagor's Title, so as to take the Case out of the Stat. 3 & 4 W. 4, c. 27. Obs. By the 3 & 4 W. 4, c. 27, s. 28 (see Appendix, No. VIII.) a mortgagor's right to the equity of redemption may be kept on foot by a written acknowledgment given to him or his agent duly authorized. I do hby acknge that the messes and premises, whereof I am now in receipt of the rents and profits, which are comprised in a certain deed of indre, by way of mortgage, bearing date &c., and made &c., do belong to the said (mortgagor), and on payment of the said sum of £ with interest within months shall be reconveyed to him. (Mortgagee.) from the day of No. XVI. No. XVI. Acknowledgment of a Person's Title to certain Land, so as to take the Case out of the Stat: 3 & 4 W. 4, c. 27. Obs. By the 3 & 4 W. 4, c. 27, s. 14 (see Appendix, No. VIII.), when any acknowledgment of the title of the person intitled to any land or rent shall have been given to him or his agent, signed by the person in possession or in receipt of the rents and profits of such land, |