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Lawyers' Reports Annotated Volume 30

Lawyers' Reports Annotated Volume 30


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About the Book

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. 1896 Excerpt: ... the text of the learned author is fully supported. The reasoning by which the conclusions are reached may be thus summarized: To "subscribe" is to attest or give consent or evidence knowledge by underwriting, usually (but not necessarily) the name of the subscriber. But the place of the writing is immaterial, since a still more general meaning of the word "subscribe" is to attest by writing, in which definition the locality is wholly disregarded. This is the reasoning of the leading English case of Roberts v. Phillips, 4 El. & BT. 450. To "sign "in the primary sense of the word is to make any mark. To sign an instrument or document is to make any mark upon it in token of knowledge, approval, acceptance, or obligation. The signature is the sign thus made. And while, by long usage and custom, "signature" has come generally to mean the name of a person written by himself, and thus to be nearly an exact synonym of "autograph," that signification is derivative, and is not inherent in the word itself, any more than it is in "autograph," which strictly conveys no more thau the idea of a specimen of an individual's writing, Any "mark" may be a signature, and that species of mark which we call a "cross" (independent of an accompanying name) was early used as a signature of assent, and indeed was designated "signum." While marksmen have become fewer with the spread of education, the mark of the cross is still recognized by statute law as a method of signing. Therefore, as the wills act required only a signing by the testator, and as this requirement of signing only was also found in the statute of frauds, the courts early decided not to be bound by any narrow definition of ...


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Product Details
  • ISBN-13: 9781130384390
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 916
  • Spine Width: 46 mm
  • Width: 189 mm
  • ISBN-10: 113038439X
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1601 gr


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