This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...action shall be brought whereby to charge.... any person upon any agreement that (e) 19 & 20 Vict. o. 97, s. 3. (/) Holmes v. Mitchell, 7 C. B., N. S. 361. (?) Cock v. Baker, 1 Str. 34. (h) Harrison v. Cage, 1 Ld. Raym. 386. (i) Lassence v. Tierney, 1 Mac. & Gr. 551. is not to be performed within the space of one year ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...action shall be brought whereby to charge.... any person upon any agreement that (e) 19 & 20 Vict. o. 97, s. 3. (/) Holmes v. Mitchell, 7 C. B., N. S. 361. (?) Cock v. Baker, 1 Str. 34. (h) Harrison v. Cage, 1 Ld. Raym. 386. (i) Lassence v. Tierney, 1 Mac. & Gr. 551. is not to be performed within the space of one year from the making thereof, unless the agreement," &c. (as in the case of executors, supra). The statute does not apply where the contract is capable of being performed by either party within a year from the date of its making (J); but it applies to a contract defeasible by a contingency which may occur within that period (k). A contract to serve for a year, the service to commence the day after the day on which the contract is made, is within the statute (/). DECLARATIONS OR CREATIONS OF TRUSTS. Sect. 7. "All declarations or creations of trust or confidence of any lands, tenements, or hereditaments shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect." The beneficial owner is the only person who is enabled to declare the trust (m), and no person can create a trust of land for any larger estate than that which he possesses (-). It is provided by sect. 8, "that when any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made, anything hereinbefore contained ...
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