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if he does so grant it, the tithes will pass without deed, as annexed to the rectory.

As a general rule, chattels real and personal of tangible or corporeal natures may at common law be granted without deed (7). And, although an estate of inheritance or freehold cannot be granted upon condition without deed (m), yet a chattel, real or personal, may be so made or granted by mere parol (n).

Patents for inventions which have now become a Patents. very important class of property, are by the Stat. 15 & 16 Vict. c. 83, assignable only by deed or will (o), and such assignment must be perfected by entry on the register of proprietors (p). But it is remarkable, and worthy of attention, that a copyright in any book within the Copyright Act, 5 & 6 Vict. c. 45, may be assigned by entry in the Book of Registry kept at Stationers' Hall of the assignment, and such assignment so entered is of the same force and effect as if it had been made by deed, sec. 13. A deed is rendered necessary by Ship. the Merchant Shipping Act, 1854, to make a valid transfer of a registered ship, or any share therein (q).

(7) Shep. Touch. 231; Bac. Abr., Grant, E. (m) Litt. 365.

(n) Id. Reeves v. Capper, 5 N. C. 136; Flory v. Denny, 21 L. J. (Ex.) 223; 7 Ex. 581.

(0) 15 & 16 Vict., c. 83, Form of Letters Patent.

(p) See Norman on Letters Patent, c. 16, s. 8.

(a) 17 & 18 Vict., c. 104, s. 55, sch. E.

Agent.

A deed is also necessary for authorising an agent to execute a deed for another (). It is also, as will hereafter appear, necessary to a grant by a Corporation. corporation.

Chattels.

8 & 9 Vict. c. 106.

There is also a great difference between the effect of a gift of chattels by mere word of mouth, and a gift of chattels by deed. In the former case, after the gift and before something has been done or said by the donee to show his acceptance of the thing given, the gift is revocable (s). But if the gift be by deed it vests in the donee upon the execution of the deed, and is irrevocable by the donor until it is actually disclaimed by the donee. After such execution, and before such disclaimer, the estate is in the donee without any actual delivery of the chattel given (t).

Finally, it is necessary to bear in mind that the common law has been much altered in these respects by statute 8 & 9 Vict. c. 106, s. 3, by which statute feoffments, partitions, exchanges, leases required by law to be in writing, assignments of chattel interests, and surrenders in writing of all interests in tenements and hereditaments not being such as might have been created without writing, made after the 1st of October, 1845, with some exceptions

(r) Steiglitz v. Egginton, 1 Holt, N. P. C. 141; Harrison v. Jackson, 7 T. R. 207.

(s) 2 Rolle's Abr. 62; Vin. Abr. 123.

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(t) Perkins' Grant, 57. Com. Dig. Biens. 52; 2 M. & G. 691, note a; Barton v. Gainer, 27 L. J. (Ex.) 390; 3 H. & N. 387.

unimportant for our present purpose, shall be void at law unless made by deed. But the former learning upon these heads is still of great practical importance.

contracts by

Lastly, with regard to the remedy upon a contract Remedies on by deed: wherever a promise is made by deed, the deed. performance may be enforced by an action of covenant; and, if a liquidated debt be secured by it, by an action of debt. These remedies must be pursued within twenty years, except in cases of disability by reason of infancy, coverture, lunacy, or absence beyond seas, such being the period fixed by 3 & 4 Wm. IV., c. 42, s. 3, which, being later in date, though passed in the same session with 3 & 4 Wm. IV., c. 27, is held to have superseded some inconsistent provisions contained in that statute (u). The Common Law Procedure Act, 1854, 17 & 18 Vict., c. 125, ss. 68 to 86, also gives some remedies in the nature of specific performance and prevention, by means of the writs of mandamus and injunction, which will probably be found of great use in securing the performance of contracts.

Having thus touched on the general division of Contracts into those of Record by Deed, and by Simple Contract, and explained the nature of a deed, and the formalities attending its executionhaving pointed out the distinction between the

(u) See Strachan v. Thomas, 12 A. & E. 536; Paget v. Foley, 2 Bing. N. C. 679.

absolute delivery of a deed and the conditional one of an escrow, the distinction between a deed poll and indenture, the peculiar privileges of a contract by deed, whether in respect of the consideration, the estoppel it creates, the means by which its obligation is determined, or the rights which it confers upon a creditor against his debtor's assets,— having pointed out the remedy by which its nonperformance is complained of in a Court of law, and the time of limitation within which that remedy is to be pursued, it remains to point out in a similar manner the peculiarities attending Simple Contracts. This will be done in the next Lecture.

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LECTURE II.

THE NATURE OF SIMPLE CONTRACTS;—OF WRITTEN
CONTRACTS ;-THE STATUTE OF FRAUDS.

contracts.

I NOW arrive at the class denominated Simple Simple Contracts, which comprises all of a degree inferior to deeds, whether they be verbal or written. For though, as I shall presently explain to you, there is, in many respects, a distinction between Simple Contracts which are written and those which are verbal merely; yet the law of England in respect of the qualities which they have in common, includes them in one class, and denominates them all by the same term Simple Contracts.

All simple contracts are inferior in efficacy to contracts under seal. Thus, they do not create an estoppel. They are capable of being put an end to without the solemnity of a deed. They form no ground of action against the heir or devisee, even though he be expressly named in them; and they require a consideration to support and give them validity, though, as I shall have occasion to explain in a future Lecture, there is one case, even among simple contracts, in which the consideration need not be shown, but is presumed to exist unless its

In what

inferior to

deeds.

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