"that the Statute of Frauds is applicable only to mere agreements, not attended with the solemnities of a deed." (a) So Sir E. Sugden says, without any qualification, "signing is not essential to the validity of a deed, although sealing is." (b) And it is to be remarked, that in the quotation by the same writer, of the first section of the Statute of Frauds, in the Treatise of the Law of Vendors, (c) the important words, "and signed" by the parties creating the same, are omitted, although they are afterwards alluded to in a subsequent page. With these conflicting opinions it will be proper shortly to consider the enactments of the Statute of Frauds on the point.

The first section enacts, "that all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, created by livery of seisin only, or by parol, and not put in writing and signed by the parties creating the same, or their agents, thereunto lawfully authorized in writing, shall have the force and effect of leases or estates at will only, and shall not, either at law or equity, be taken to be of any greater force or effect, any consideration for making any such parol leases, or estates, or former usage to the contrary notwithstanding." The second section makes an exception in favour of leases ot exceeding three years, whereupon the reserved rent shall amount to two-thirds of the full improved value.

By section third it is enacted, that no leases, estates, or interests, either of freehold or terms of years, or any uncertain interest, not being copyhold or customary interest in, to, or out of lands or hereditaments, shall be

(a) 3 Prest. Abs. 61; and see also 1 Prest. Abs. 154.

(b) Powers, 242, 4th edition.
(c) P.65. And see p. 93, 7th edition.

assigned, granted, or surrendered, unless by deed or note in writing, signed by parties or their agents thereto authorized by writing, or by act and operation of law.

The fourth section enacts, that no action shall be brought whereby to charge any person upon any agreement made upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

And section seventeen enacts, that no contract for the sale of goods for the price of ten pounds shall be good, unless a part of the goods is delivered, or something is given in earnest, or that some note or memorandum in writing of such bargain be made and signed, by the parties or their agents.

By these sections it will be seen, "that all leases, estates, interests of freehold, or terms of years, or any uncertain interests" in lands, and that "all assignments, grants, and surrenders" of such leases, estates, or interests must be in writing, and are to be signed; and that all contracts for lands, or goods of ten pounds value, must also be signed, but that no other deeds than these are directed to be signed by this statute. The construction put upon the words of the first and fourth sections, by one of the eminent writers last referred to, is, that the terms of the first section are co-extensive with those of the fourth, and extend to every possible interest in lands which is not within the exception of the second section. (a) And this construction, although not perhaps according to the words of the

(a) Sug. Vend. 67, 7th edition.

act, (a) is consistent with its intent and objects. All that the Statute of Frauds, therefore, has enacted, according to its most liberal construction, is, that all deeds, conveying, assigning, granting, and surrendering real property or real chattels, and agreements for their sale, and contracts for goods of a certain value, shall be in writing, and signed either by the parties conveying, &c., or their agents to be authorized in writing; but all other deeds are unaffected by this act.

The only late case on the subject is Taunton v. Pepler, (b) where it was determined that signature is not essential to a release by deed given to an administrator, and of course relating to personal property; which is in confirmation, as far as it extends, of the above remarks.

Another construction of the statute is, that deeds are left by it as at common law; and signature is still unnecessary to them; but that the signature mentioned. in the act is merely requisite to the notes in writing referred to therein. This opinion, however, although adopted to some extent, (c) cannot, it is submitted, be

correct.

Considering the doubt affecting the point, it should always be mentioned in the abstract what parties have signed the deeds.

Receipt. Where money is to be paid under a deed, in all modern transactions a receipt is indorsed on the deed for it, and this receipt should therefore be mentioned in the abstract. It is the proper evidence that the money has been paid. (d) But this does not apply to nominal considerations, for a receipt for them is never

(a) See Crosby v. Wadsworth, 6 East. 610.

(b) 6 Madd. 166.

(c) Dixon on Tit. Deeds, 566.

(d) Rowntree v. Jacob, 2 Taunt. 141; but see Lampon v. Cork, 5 B. & A. 606, 1 Dow. & Ry. 211. S. C. and ante, p. 9.

indorsed, and is unnecessary, (a) as they are in fact rarely paid.

So, where part of the money secured by a mortgage, appears, by a receipt indorsed on the mortgage, to have been paid off, this part should be noticed in the abstract. (b)

When a deed requires any further ceremony to render it perfect, as enrolment, livery of seisin, a memorial, &c., the performance thereof should be mentioned in the abstract.

So also if the deed, or any part thereof, has been erased, interlined, or cancelled, it should be noticed in the abstract. (c)

Where the lands lie in a register county, it should be mentioned that the deed has been registered, and in what book and page the registry is to be found.

In short, any other fact which accompanies the execution of the deed, and which in any way affects its validity, should be stated in the abstract.

2. As to abstracting Wills.

In abstracting wills, the date should be taken from the will, and not from the letters of probate. Any charge imposed for the payment of debts, legacies, annuities, &c. should be shown; and if the debts are scheduled or specified, they should be mentioned in the abstract; but when there is a trust for the payment of debts and legacies, and the debts are not specified or scheduled, and it does not appear that all the debts have been paid, there does not exist any reason for stating the legacies specially, since the purchaser is not under any obligation to see that they are paid. (d)

(a) 10 Co. 67 b.

(b) 1 Prest. Abs. 156.

(c) 1 Prest. Abs. 157.

(d) Smith v. Guyon, 1 B. C. C.

186. Humble v. Bill, 1 Eq. Ca. Ab. 358, C. pl. 4. Barker v. Duke of Devonshire, 3 Meriv. 310.

The clause exempting a purchaser or mortgagee from seeing to the application of the purchase-money, if it is contained in the will, should always be mentioned in the abstract.

In other respects, the rules laid down for abstracting deeds apply equally to wills, but, in general, wills should be more fully given; and where they are informally drawn, they should properly be given verbatim.

At the foot of the will should be shown the time of the death of the testator, the court in which the will was proved, and by whom, and the time of the probate, and if the lands are in a register county, the fact of registration should be added. (a)

If there be a confirmation of the will by the heir at law, or any conveyance taken from him, or any proceeding had against him, to establish the will, or if there be any interest left undisposed of, which descends to the heir at law, it is material to state who was the heir at law of the testator at his death; and when the circumstances of the case require it, there should be a deduction of the title from heir to heir, or from heir to devisee, and in some cases from heir to executor; as, for example, where the land is converted into money, quoad the heir, or where the heir takes a lapsed legacy, or part of a residue as lapsed or undisposed of, or the residue of trust monies by resulting trust. (b)

Where any devisee under the will dies in the lifetime of the testator, the fact should be stated; and where a will is partially or wholly revoked, the deed will or circumstances which are the causes of revocation, should be mentioned, and it is most correct to state deeds, wills, &c. in the order of their dates. (c)

(a) 1 Prest. Abs. 182, 185.

(b) 1 Prest. Abs. 183.

(c) 1 Prest. Abs. 184.