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Instrument

Instrument [instrumentum, Lat., fr. instruo, to prepare or provide], a formal legal writing-e.g., a record, charter, deed or transfer, or agreement. By s. 205(1)(viii.) of the (English) Law of Property Act,

Wills

or married women. The Statute of Frauds, 1677, by s. 5 required wills of land to be in writing signed by three credible witnesses, and ss. 19-24 required nuncupative wills, where the estate be-queathed should exceed 30l.,

Actions rescissory

Actions rescissory are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation, for the production of a writing in order to have it

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Lease

lease except a lease which may be made by parol (see above) must in all cases be in writing; (English) L.P. Act, 1925, s. 40 (reproducing part of s. 4 of the Statute of Frauds), unless the

Pandect', or Digesta

to Tribonian, empowered him to name a commission for the purpose of forming a code out of the writings of those jurists who had enjoyed the Jus respondendi, or, as it is expressed by the emperor, 'antiquorum

Guaranty, or Guarantee

guarantee until it be accepted is not binding. At Common Law a guarantee need not have been in writing, but the Statute of Frauds (29 Car. 2, c. 3), s. 4, enacts that 'No action shall be

Specific performance

one party in order to render binding the promise of the other. (f) The contract must be in writing if so required by the Statute of Frauds. See Law of Property Act, 1925, s. 40, replacing s.

Representation

proved by parol or extrinsic evidence, even if the contract to which it is collateral must be in writing under the Statute of Frauds or otherwise, if the principal or written contract is wholly silent on the

Record

Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom

Receipt

Receipt, an acknowledgment in writing of having received a sum of money, which is prima facie but not conclusive evidence of payment, Skaife

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