J. P. or a Commissioner, &c., for the County

J. P. or a Commissioner, &c., for the County of [

].

(If the affidavit or affirmation is made by more than one person, then the names of the several persons should be stated in the jurat, thus :)

Severally sworn [or] affirmed] by the Deponents, A. B., C. D., &c., before me, at, &c., [as in the foregoing].

The following is the form of the oath to be administered by the Justice of the Peace, or Commissioner, to each deponent.

3. Oath.

You swear that this affidavit by you subscribed is true to the best of your knowledge and belief. So help you God.

The following is the form of an affirmation.

4. Affirmation.

You do solemnly and sincerely declare and affirm as you shall answer to Almighty God at the great day of judgment, that this affirmation by you subscribed is true, to the best of your knowledge and belief.

Every affidavit or affirmation should be signed at the foot by the party making the same, but if unable to write, a mark may be made thus:—

The mark of
+
A. B.

And whenever an affidavit or affirmation is made by a marksman: that is a person who cannot write his name, the jurat must be in the following form: Sworn [or affirmed] before me at [

] in

1

the County of [ ] this [ ] day of [ 18 [], and I certify that the foregoing affidavit (or affirmation) was read over by me (or in my presence) to the said A. B., who appeared perfectly to understand the same, and made his (or her) mark in my presence.

C. D.

J. P., or Commissioner, &c., &c.

CHAPTER II.

CONTRACTS OR AGREEMENTS.

A contract is a stipulation or engagement entered into between two or more persons and may be either express or implied. An express contract is one in which all the particulars are specified and agreed upon, at the time of entering into it. An implied contract is one where the particulars are not specified but rest on the mere construction of law. As a general illustration of an implied contract, it may be stated, that it will be implied or assumed that a man actually promises to do that which he is legally liable to do. Express contracts are either by parol, or word of mouth, which are called simple contracts, or by deed under seal which are called special contracts. A consideration is an essential ingredient in every contract. By consideration, we mean an equivalent offered by the one party and accepted by the other. A

simple or parol contract, unsupported by a conside ration, cannot be enforced. Thus, if a man should promise to give me $1,000 without any consideration or equivalent on my part, he is not bound to perform his promise, and I am without remedy if he should break his word. In all contracts by specialty consideration is presumed.

Considerations are of two kinds, good and valuable. A good consideration is that of blood or the natural love which a person has to his wife or children, or any of his near relatives. A valuable consideration is such as money, marriage or the like.

A special contract is of necessity a written one; but a simple contract may be either written or verbal. There are, however, some simple contracts which the law requires to be in writing in compliance with the provisions of several statutes which we will proceed briefly to notice.

The first of these is the Statute of Frauds, passed in 1676, in the reign of Charles II, (29 Car. II, cap. 3) which enacts, (section 4) that in the five following cases no verbal promise shall be sufficient to ground an action upon, but that the agreement, or at the least some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

1. Where an executor or administrator promises to answer damages out of his own estate.

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

3. Where an agreement is made upon consideration of marriage.

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

5. And lastly, where there is any agreement that is not to be performed within a year from the making thereof.

This statute does not give to writing any validity which it did not possess before. A written promise made since this statute, without any consideration, is quite as void as it would have been before. The statute merely adds a further requisite to the validity of certain contracts, namely, that they shall, besides being good in other respects, be put into writing, otherwise they cannot be enforced. The phrase in the statute "to answer for the debt, default or miscarriage of another person," means to answer for a debt, default or miscarriage for which that other remains liable. The words, "any agreement that is not to be performed within the space of one year from the making thereof," point to contracts, the complete performance of which is of necessity extended beyond the space of a year. In order to bring an agreement within this clause of the statute so as to render writing necessary, both parts of the agreement must be such as are not to be performed within a year. The clause requiring the "agreement or some memorandum or note thereof to be signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized," has been liberally construed, and any insertion by the party of his name in any