farm animals, or other selected property to the value of $250; to a farmer, a team of horses or a yoke of oxen, and farming utensils to the value of $500; to a mechanic, tools to the value of $500; to a physician, library to the value of $500, horse and buggy, and instruments to the value of $200; to other professional men, library to the value of $1,000, and office furniture to the value of $200; firearms; boat to the value of $250; proceeds of all life and accident insurance; and all pension money. This benefit does not extend to non-residents, nor to those about to leave the state; nor to claims for clerks', laborers', or mechanics' wages. Wages, of any person having a family to support, to the extent of $100 are exempt. For a married person, to waive the benefit of the exemption laws, both husband and wife must join in the agreement in writing.

West Virginia. - Husbands, parents, and infant children of deceased parents may have set aside a homestead valued at $1,000, declaration of which must be recorded prior to contracting the debt. Parties as aforesaid may have exempt $200 worth of personal property. Resident mechanics or laborers may hold exempt $50 worth of tools.

Wisconsin. - Real estate without limit in value to the extent of acre in a city or village, or of 40 acres used for agricultural purposes elsewhere, is exempt as the debtor's homestead, when occupied by him or when he is only temporarily absent therefrom; also, its proceeds while held, for not more than 2 years, with the intention of buying another homestead therewith. Chattels exempt from execution are: The debtor's library, wearing apparel, beds and bedding, stoves and cooking utensils, and other furniture to the amount of $200; 2 cows, 10 swine, 2 horses or mules (or, in lieu of one of these last, 1 yoke of oxen), 10 sheep and their wool, and 1 year's food for all this stock; 1 wagon, 1 sleigh, 1 plow, 1 drag, and $50 worth of other farming utensils; 1 year's provisions for the debtor and his family; tools and implements, or stock in trade to the value of $200; all sewing machines kept for family use; printing materials and presses of any printer or publisher to the value of $1,500, except that as to claims of laborers and servants, for services only, $400 shall be exempt; an inventor's interest in his own patents; all insurance moneys arising from the loss of any exempt property. These exemptions, except those of clothing, household outfit, and earnings, exist only in favor of actual residents of the state. They are not available to corporations, but are, practically, to the partners in a firm, out of the firm property. If the debtor do not claim his exemptions, his wife may. Three months' earnings of the debtor, not exceeding $60 per month, are exempt. The benefit of exemptions cannot be waived before levy.

Wyoming. A homestead valued at $1,500, and consisting either of a town lot, or 160 acres of agricultural land, is exempt. Wearing

apparel of all persons is exempt; to a mechanic or miner, $300 worth of tools, or stock; to a professional man, $300 worth of books or instruments; to a resident head of a family, family Bible, school books, pictures, burial lot, and provisions and household furniture to be selected to the value of $500.

PROVINCES OF THE DOMINION OF CANADA British Columbia. - Real estate to the value of $2,500 may be registered as a homestead, and be exempt. Goods and chattels of a debtor, except stock in trade, at his option, to the value of $500, are exempt.

Manitoba. -A homestead consisting of a farm of 160 acres, or a residence to the value of $1,500, is exempt. The following property is exempt: Bedding and furniture to the value of $500; necessary clothing; 12 books; books of a professional man; 1 ax; 1 saw; 1 gun; 6 traps; necessary food for family for 11 months; certain farm animals and food for same; necessary tools and implements to the value of $500; seed necessary for 80 acres; wages to the extent of $25. Exemptions cannot be waived.

New Brunswick. - Wearing apparel, bedding, kitchen utensils, and tools of trade to the value of $100 are exempt; also, wages to the extent of $20.

Nova Scotia. - Wearing apparel, bedding, tools of trade, certain household articles, food and fuel for 30 days, and certain domestic animals, with food for 30 days for same, are exempt.

Ontario. – Lands acquired under the free grant and homestead act are exempt for a period of 20 years from the location of the land, if no alienation have taken place. Beds, bedding, and wearing apparel of debtor and family, stove and furnishings, and other articles of household furniture, not exceeding in value $150; necessary fuel and provisions for debtor and family, not exceeding in value $40; 1 cow and some other domestic animals, not exceeding in value $75; tools and implements ordinarily used in debtor's occupation, to the value of $100, are exempt.

Quebec. - Beds, bedding, and apparel of debtor and family; certain household articles; 50 volumes of books; food and fuel for family for 3 months; certain farm animals; $200 worth of professional books; $200 worth of tools of trade; pensions, and certain other articles, are exempt. A certain portion only of the salaries of public employes can be seized; teachers' salaries are exempt; also, three-fourths part of the wages due laborers who are paid by the day, the week, or the month.

FRAUDS, STATUTE OF

The English Statute of Frauds, 29 Car. II, c. 3, enacts in the first three sections as follows: "All leases, estates, interests of freehold or terms of years or any uncertain interest of, in, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only or by parol, and not put in writing and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding. Except nevertheless, all leases not exceeding the term of 3 years from the making thereof, whereupon the rent reserved to the landlord during such term shall amount to twothird parts at least of the full improved value of the thing demised. And, moreover, that no leases, estates, or interests, either of freehold or terms of years, or any uncertain interest, not being copyhold or customary interest, of, in, to or out of any messuages, manors, lands, tenements, or hereditaments, shall be assigned, granted, or surrendered, unless it be by deed or note in writing signed by the party so assigning, granting, or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law." These provisions have been substantially adopted in Arkansas, Georgia, Maine, Massachusetts, Missouri, New Hampshire, New Jersey, Pennsylvania, South Carolina, and Vermont, save that in Arkansas, Georgia, Massachusetts, Missouri, and South Carolina, the exception applies to leases not exceeding 1 year. In the greater number of jurisdictions, however, it is provided that every contract for leasing for a longer period than 1 year, or for the sale of any land or interest in lands, is void unless in writing and signed as aforesaid. The form required for conveyances of any interest in real estate is treated in this appendix under the heading of Deeds.

The fourth section of the statute enacts as follows: "No action shall be brought (1) whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person; (3) or to charge any person upon any agreement made in consideration of marriage; (4) or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; (5) or upon any

agreement that is not to be performed within the space of 1 year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.” All the clauses of this section have been quite generally adopted in the United States and in Canada with slight modifications. The fourth clause is to be taken in connection with the first three sections of the act. The fifth clause of this section has added to it the words, "by its terms," as reenacted in Alabama, Arizona, California, Colorado, Idaho, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, New York, Oregon, Utah, Washington, Wisconsin, and Wyoming.

Sections seven, eight, and nine of the statute enact that: "All declarations or creations of trust or confidences, of any lands, tenements or hereditaments, shall be manifested and proved by the same 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. Provided always, that where 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 herein before contained to the contrary notwithstanding. All grants or assignments of any trust or confidence shall likewise be in writing, signed by the party granting or assigning the same, or by such last will or device, or else shall likewise be utterly void and of none effect." The provisions of these sections have been quite generally adopted in the United States and Canada, especially the seventh section, as in Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, and Wisconsin; and in New Jersey and New York it is provided that all grants and assignments of existing trusts must be in writing whether they apply to real or personal property. However, the states of Kentucky, North Carolina, Texas, and Virginia, although they have adopted the provision of the fourth section as to contracts for the sale of land, have not adopted the seventh section.

The seventeenth section of the same statute enacts that no contract for the sale of goods, wares, and merchandise for the price of 10 pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods sold and actually receive the same; or give something in earnest to bind the bargain, or in part payment; or that some note or memorandum in writing of said bargain be made and

signed by the parties to be charged by such contract, or their agents thereunto authorized." This section has usually been adopted in the United States and in Canada with certain variations as to the price of such goods.

The statute of 9 Geo. IV, c. 14, enacts "that no action shall be maintained whereby to charge any person upon any promise, made after full age, to pay any debt contracted during infancy, or upon any ratification after full age of any promise or simple contract made during infancy, unless such promise or ratification shall be by some writing signed by the party to be charged therewith." The same statute further enacts "that no action shall be maintained to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith."

Alabama. - The provisions of the fourth section have been substantially reenacted. The third clause excepts mutual promises to marry. It is also provided that every contract, for the sale of lands, tenements, or hereditaments, or any interest therein, except leases for a term not longer than 1 year, unless the purchase money or a portion thereof be paid, and the purchaser be put in possession of the land by the seller, is void, unless in writing signed by the party to be charged therewith. Creations of trusts, and representations as to character or credit, must also be in writing.

Arizona. – The provisions of the fourth section, except the first clause, and of the seventeenth section have been substantially adopted, and the latter is made to cover contracts for goods for the price of $100 or upwards.

Arkansas. - The provisions of the fourth and seventeenth sections have been adopted, and the latter is made to cover contracts for goods for the price of $30 or more. The promise to pay a debt contracted in infancy must also be in writing.

California. - The fourth section has been adopted except the first clause, and excepting mutual promises to marry in the third clause. The seventeenth section has also been adopted, covering goods and chattels or things in action at a price not less than $200. Creations of trust must be in writing, and representations as to the credit of any person must be in the handwriting of the person to be charged therewith.

Colorado. - Except the first clause, the fourth section has been adopted excepting from the third clause mutual promises to marry. The seventeenth section has also been adopted, covering goods and