LUNATICS, 18; effect of contract by, ib.; maxim, that he shall not be allowed to stultify himself, ib.; contracts by, in fieri, will not be enforc- ed at law, 18; nor in equity, 19, 20; executed, will not be disturbed at law, 18; or in equity, 19, 20, when; contract by, in lucid interval, 20; liability of, for necessaries supplied to, 21. INTOXICATION, ib.; contracts entered into in state of, how far bind- ALIEN, 23; TRUSTEE AND AGENT FOR SALE, 24; cannot himself purchase, 24, 25, except when, 25, 26; mortgagee with power of sale, 27; annuitant with power of sale, ib.; equity of redemption, 27, 28; sale under Gene- ral Order in Bankruptcy, 28; execution-creditor, ib.; trustee buying in name of another, ib.,— person, ib.; assignees in bankruptcy, 29, solicitor to the commission, ib., commissioner, ib., auctioneer, 393; agent for sale bargaining for benefit to himself, 30; no person in a fiduciary relation can buy, 31; purchase by bishop of an annuity on a living in his gift, 30, 31; agent to purchase selling covertly his own estate, 31; buying for himself, 32. TENANT FOR LIFE under a settlement, purchase by, of reversion, 37. RECTOR, purchase by, of part of glebe, ib. What may be the SUBJECT OF SALE, 38; chose in action, ib.; contin- gent and other executory interests, ib.; pretenced titles, 40; public offices, ib.; office of sub-distributor of stamps and collector of assessed taxes, 41; mere clerkship, ib.; fellowship of a college, ib.; offices, clerk- ships, and stewardships held by an attorney, ib.; share of attorney's profits of a particular business, ib.; profits of an office, 42; advowsons and presentations, ib.; game, 43; spirituous liquors, ib. Sale abroad of goods to be SMUGGLED, 44; goods, sale of, prohibited License Acts, ib.; spirits sold to a rectifier, who was also a retailer, ib.; butter in firkins not marked as required by statute, 47; agreement to enable an unlicensed person to sell exciseable liquors, ib. PLEDGE, sale of, 48, 393. FACTOR'S LIEN, sale of goods held under, 48. GOODWILL, 393. PROSECUTION OF A SUIT, ib. SECT. 3. Of the Price. PRICE an essential ingredient of the contract, 49; must be a sum certain, ib.: principles of the civil law as to fixing, ib. Sale at a VALUATION, 50; to be made before a day named, 52; price to be fixed by referees, 50, 51; failure of the referees to agree, ib.; agreement to refer not enforced, 51; revocation of authority to refer the price, 52; award, as to the price, to be delivered before a day named, 53. ADEQUACY OF PRICE, principles of civil law as to, 54; not material at law, ib.; or in equity, when, 55. SALE OF REVERSIONARY INTERESTS, ib.; sale by auction, 56; actuary's valuation, 57; market value, true criterion of price, 56, 58; inquiry will be directed as to true value, 58; rule as to price, where tenant for life joins, ib.; where subject of sale is partly in possession, 59; where parent, or person standing in loco parentis, concurs, ib.; where sale is in nature of a family arrangement, 60; sub-sale of a reversion at an advance, ib. PUBLIC AUCTION, 61; auctioneer, ib.; particulars of sale, 62; conditions of sale, 65; biddings, 66; deposit, ib.; signature of agreement, 66, 67; puffers, 68; reserved bidding, 71; sale without reserve, 71. SALE UNDER DECREE, 73, or ORDER, App. 383; form of decree or order, App. 384; conduct of sale, 73; advertisements, 73, 384; particulars and conditions of sale, 73, 74, 383; reserved bidding, 74; expense of sale, ib.; who may bid, ib.; report of highest bidding, 75; necessary affidavit, when sale is in the country, 75; unsold lots, ib.; confirmation of highest bidding, ib.; opening biddings, 76; upon what advance biddings opened, 77; who may apply to open, 78; costs of party opening biddings, ib.; opening biddings, where subject of sale is in nature of a trade, 78, 79; death of purchaser before confirmation of his bidding, 79; sub-sale at profit before confirmation, ib.; substitution of another purchaser, ib.; no contract till report confirmed, 80; effect of confirmation, ib.; reference of title, 81, 385; discharge of purchaser, 81; payment of purchase money into Court, 82; investment of purchasemoney, 82; from what time purchaser entitled to possession, or the rents and profits, 82, 83. Conveyance, 83; concurrence in, of necessary parties, how obtained, 84, 384; failure of purchaser to complete, 84; practice, where failure arises from want of means, ib. SALE UNDER LANDS CLAUSES CONSOLIDATION ACT, 84; compulsory powers, 85; owner under disability, 86; purchase-money or compensation, how ascertained and paid, 86, 88; purchase for "extraordinary purposes," ib.; notice to treat, 87; effect of, ib.; compensation for lands "injuriously affected," 89; application of the purchase-money, ib.,-of lease or other partial interest, 91; conveyance by the company to themselves, ib.; who to be considered owner, ib.; costs, 91, 92; deposit and bond, 92, 93; sale of part of a "house or other building or manufactory," 93; intersected lands, ib.; conveyance of copyholds, 94; compensation for rights of common, 94; mortgages and rent-charges, ib.: leases, ib.; expiration of compulsory powers, ib.; omitted interests, ib.; superfluous lands, 95. SHARES of an Incorporated Company, sale of, 95; transfer, 95, 394; preparation of, ib.; liability of vendor after contract for sale, 95, 96. SHARES of a Joint-stock Company, 96; sale and transfer of, ib. CUSTOMS of brokers on sale of shares, 96, 98; liability of principal on sale of forged scrip, 98; shareholder's responsibility after sale, ib. ; damages on breach of contract for sale of shares, ib.; auctioneer's liability, 99. STOCK, purchase of, 99; sale of, 100. SHIP, 100; sale and transfer of, 100; effect of registry of transfer, 101; no merely equitable title in, ib.; sale of, by Master, ib.; contract for sale of, will not specifically be enforced, 394. WEIGHTS AND MEASURES, 101; imperial standard weights and measures, 102; Winchester bushel and other local measures abolished, ib. ; heaped measure, ib.; sale of coal, ib.,-gold, silver, diamonds, &e. ib.,— drugs, ib.; vend and delivery of coal in London, 103-penalties-meter's ticket, ib.; delivery of coal by lighter, 104; patent fuel, 394. SUNDAY SALES, 104; Lord's Day Act, ib.; to what persons it extends, ib.; sales on Sunday when void, ib.; effect of promise to pay after a sale on Sunday, 105. FIDUCIARY VENDORS, 106; manner of sale by, 106; implied obligation to sell fairly, ib.; trust to sell with all convenient speed, 107-to sell on given contingency, ib.; time of sale cannot be anticipated, 107, or postponed, 108. INSOLVENTS' ESTATES, 108; provisions of statutes as to sale of, 109; negligence in conduct of sale, ib. BANKRUPTS' ESTATES, sale of, how to be conducted, 110. CHAPTER III. OF THE EVIDENCE OF THE CONTRACT. SECT. 1.-Evidence of Contract for Sale of Real Estate. STATUTE OF FRAUDS, s. 4, 111; what is an interest in land within this section, 114; shares, ib.; growing crops, ib.; trees and underwood distinguished from fructus industriales, 115; growing hops, ib.; Waddington v. Bristow, Smith v. Surman, and Emmerson v. Heelis considered, 115, 116; growing crop of grass, ib.—of young trees standing, ib.; growing fruit, 117; growing potatoes, ib., growing turnips, 118; 'way-going crop, 118; agreement to give up possession of a term and pay all outgoings, ib.-to pay a per-centage on landlord's expenditure on new buildings, ib.—for abatement of rent, ib.-relating both to real and personal property, 119-for sale of fixtures, ib.; sale of parol tenancy, ib.; agreement, void for want of writing, executed by vendor, 120. NOTE OR MEMORANDUM under the 4th section of Statute of Frauds, 120; what is sufficient, ib.; may be constituted by several papers mutually connected, 121, 136; by letters, 121; construction of agreement by letters, ib.; what necessary to constitute agreement by letters, 121, 122; party making proposal may withdraw, when, 122; agreement may be constituted by letters though more formal instrument contemplated, 123; auctioneer's receipt may amount to an agreement, 124. SIGNATURE OF Agreement, 124; what sufficient, ib.; sealing, ib.; signing by a stamp, 125; a mark, ib.; initials, ib.; in pencil, ib.; signature need not be at end of the instrument, 125, 126; signature of letter referring to the agreement, 126; altering draft agreement, 127; re-writing it, ib.; approval of, by agent, ib.-by the parties, 128; signing in form as a witness, 128; agreement concluding "as witness our hands,” 129; identification not equivalent to signature, 130; signature by agent, ib.; agent may be authorised by parol, 131, 395; auctioneer, an agent to sign for the purchaser, 131; ratification of agent's signature, 132; a corporation signs by its seal, 132, 395-except as to acts of necessity, 133-acts incidental to its constitution, ib. 395; authority of directors, under the 8 & 9 Vict. c. 16, to make contracts without the seal of the company, 134, 395. ESSENTIALS OF THE MEMORANDUM, 136; names of the parties, 137; description of the subject of sale, ib.; the price, 138. SECT. 2.-Evidence of Sale of Personal Property. EFFECT OF STATUTE OF FRAUDS, s. 17, 139, and Lord Tenterden's Act, s. 7, 140:"goods, wares, and merchandises," meaning of, 141; fixtures, ib.; shares, ib.; scrip, 142; what is sufficient "acceptance and receipt" within 17th sect. of Statute of Frauds, ib.; "actual receipt," 148, 149; receipt of a sample, 150, 395; order for goods made and to be made, 150; for several sorts of goods, 151; acceptance, ib. NOTE OR MEMORANDUM OF SALE, within the 17th section of the Statute of Frauds, 152; distinguished from note required under the 4th sect., 153. BOUGHT AND SOLD NOTES, 154; brokers, ib. n. (m); variance between bought and sold notes, 157; alteration of bought or sold note, with consent of the other party, ib.; without consent, 158. ESSENTIALS OF THE NOTE, 158; as to the names of the parties, ib.; as to the description of the subject of sale, ib.; as to the price, 159; as to what is a sufficient signatnre, ib. SECT. 3.-How far Parol Evidence admissible to Explain or Modify a Written Agreement. PAROL EVIDENCE, general principles as to the admissibility of, 160; admissible to explain the language of an agreement, 162 -the cypher or |