Page images

might otherwise have had for payment of the costs incurred previous to his refusal;e and if, by such refusal, his client should be subjected to any loss, he would become liable to indemnify him for it.

If the attorney should consider that his client's case could not, if brought to a close, be of any service to him, or if his client should refuse to furnish him with sufficient funds for the conduct of his cause, he would then (after giving his client such a reasonable notice as might enable him to procure the funds or appoint another attorney) be justified in refusing his further services. Where the attorney or solicitor's withdrawal is upon justifiable grounds, he does not lose his lien for his previous costs, but retains the same right as if he had been discharged by his client.

An attorney who has withdrawn from the conduct of a cause, is not at liberty to act in the same suit on bebalf of the opponent of his former client.

Mr C. D., I do hereby, as the attorney (or agent) of and for Demand of E. F., of, &c., according to the form of the statute per

erusal, and

copy of a in such case made and provided, demand of you the warrant perusal and copy of the warrant by virtue of or un- from a con

stable. der colour whereof you did, on or about the first day st of March last, (state the grievance.) Dated the, &c.

G. H., of, &c.,

Attorney for the said E. F. Mr C. D. I do hereby, as the attorney (or agent) of and for Demand A. B., of, &c., according to the form of the statute from a in such case made and provided, demand of you the perusal and copy of the warrant of commitment and

[ocr errors]
[ocr errors]

instrument under which you received into your cus tody the said A. B., on or about the, &c., and kep and detained him in custody for the space of, &c. then next following. Dated, &c.,

Yours, &c., E. F., of, &c.

Attorney for the said A. B. In the, &c.

B. v. D. Undertaking I, the undersigned, A. B.,i of, &c., do hereby unto pay an at- dertake and agree to pay to L. M., of, &c., gent., my torney's bill.

(late) attorney, all such sums of money as shall happen or appear to be due and owing to him on the taxation of his bill of costs, delivered to me on or about the, &c., amounting to the sum of L. ..

Statute of Frauds, 29th Car. II., c. 3. This statute enacts, that no actions shall be brought in the following cases, unless the agreement, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or some other person authorized by him.

Ist, Where an executor or administrator promises to answer out of his own estate.

2d, Where a man undertakes to answer for the debt, default, or miscarriage of another.

3d, Where any agreement is made in consideration of marriage.

4th, Where any contract or sale is made of lands, tenements, or hereditaments, or any interest therein.

5th, Where there is any agreement that is not to be performed within one year from the making thereof.

6th, Contracts for the sale of goods of the price of L.10 or upwards, where the buyer has not actually accepted part of the goods, or given something in earnest or part-payment.

į If the undertaking is given by a third person, the consideration upon which it is given should be stated.

k Sec 3 Black. 157, 158.


The Statute of Frauds was amended by Lord Tenterden's Act, 9th Geo. IV., c. 14, which came into operation on 1st January 1829, and which has rendered a written memorandum necessary in several other cases. Its principal provisions are stated below, under its different sections.

Sec. 1. An acknowledgment or promise to take a Acknowledgcase out of the operations of the statutes of limita- ment of a tion inust be in writing, and signed by the party chargeable thereby. No joint-contractor, his executor, or administrator, shall be chargeable by reason of any acknowledgment of the other; saving the effect of any payment of any principal or interest, made by any person whatsoever. Though a person may be barred as to one joint-contractor, he may recover against the other on any new acknowledge ment.

2. That no indorsement or memorandum of any Indorsements payment written or made upon any promissory-note, of payment. bill of exchange, or other writing, by or on the behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the statute.

3. Act shall apply to debts alleged by way of setoff.

4. No promise made after full age to pay any Debts con. debt contracted during infancy, or upon any ratifi. tracted in in. cation after full age of any promise or simple con- ta tract made during infancy, shall be valid, unless in writing, and signed by the party to be charged therewith.

5. No action shall be brought whereby to charge Representaany person by reason of any representation made

[ocr errors]


Payment of interest by one of several joint-debtors dur. ing the continuance of the joint-liability takes a case out of the statute as against all, 8 B. and C. 36; Pease v. Hirst, 10 B. and C. 122; 8 Bing. 309; Wyatt v. Hodson, 1 Moore and Scott, 442.

concerning the character, conduct, credit, ability, trade, or dealings of any other person, to the intent

that such other person may obtain credit, money, or Sic. goods upon,* unless such representation be made in

writing, signed by the party to be charged there

with. Powers of re 6. The enactments of the Statutes of Frauds re

acts ex- lating to the sale of goods of the value of L.10 and tended to contracts for upwards, extended to all contracts for the sale of goods of L.10 goods of the value of L.10 and upwards, notwith.

standing the goods may be intended to be delivered although the goods be not at some future time, or may not, at the time of such ready for de- contract, be actually made, procured, or provided, livery.

or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.

7. Memorandums made necessary by the act are exempted from stamp-duty.



Apportionment of Rents, &c. 4th WILLIAM IV., cap. 22.-[Royal Assent,

Jụne 16, 1834.] An Act to amend an Act of the eleventh year of King George the Second, respecting the Apportionment of Rents, Annuities, and other periodical Pay.


Sec. l. Rents reserved and made payable on any lease which shall determine on the death of the person making the same, or on the death of the lives for which such person was entitled, shall be considered as within the provisions of the 11th Geo. II.

2. All rents service reserved on any lease granted after the passing of the act by a tenant in fee, or for life, or under a power, and all repts 'charge, and other rents, annuities, pensions, dividends, moduses, compositions, and all other payments of every description in Great Britain and Ireland, made payable, or coming due at fixed periods, under any instrument, executed, or (in the case of a will) coming into operation after the passing of the act, shall be apportioned, so that on the determination, by death or any other means, of the interest of such person, he, his executors, administrators, and assigns, shall be entitled to a proportion of such payments, subject to a proportion of the charges thereon,

« PreviousContinue »