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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1846. Excerpt: ... Statute. So, justices at sessions may look at an unstamped agreement relating to an expired hiring and service, to see when it ceased to operate, in order to guide them as to receiving or rejecting parol evidence to prove a subsequent hiring and service. Rex v. Pendleton, 15 East, 449. So, where a party declared upon two written agreements, with some counts on both agreements, and some on the first only, and the first agreement only was stamped; it was held, that though the second agreement could not be received in evidence, the court might look at it to see whether it altered the first, and as it did so, the plaintiff could not recover on the counts setting out the first oidy. • Reed v. Deere, 7 Barn. & C. 261; and see Vincent v. Cole, 3 Carr. & P. N. P. Ca. An unstamped agreement relating to the sale of goods (which is exempt from stamp duties) and also to some other matter, in respect of which it ought to have been stamped, may be read as to the former. Heron v. Granger, 5 Esp. Ca. 269; and see 1 Stark. Ca. 437, S. P. STATUTE. [the statute law is the will of the legislature in writing; the common law is nothing else but statutes worn out by time. All our law began by consent of the legislature ; and whether it is now law by usage or writing is the same thing. For many (a) of those things that we now take for common law were undoubtedly acts of parliament, though not now to be found on record. Per Wilmot, C. J., 2 Wils. 348. (a) Hale's Hist, of the Com. Law, 68. £ Among the civilians the term statute is generally applied to all sorts of laws and regulations ; every provision of law which ordains, permits or prohibits any thing is a statute ; without considering from what source it arises. Sometimes the word is used in contradistinction to the imperial Roman law, which b...
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