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on his behalf, and by his direction and approbation, lately upon an inquisition held at Carlow, before the sheriff of the county, by virtue of an elegit, or some other writ issued at the suit of William Lord, esq. founded upon a judgment against the respondent, asserted, before the jury impannelled on that inquisition, that the lands of Nurney, Newton, and several other of the lands agreed to be sold to the appellant, were before then actually sold by the respondent to him, and were no longer the estate of the respondent; and Gurly, as attorney for the respondent, did then and there, in open court, interrogate Euseby Stratford, gent. a witness offered and produced before the jury upon such inquisition, whether Stratford did not hear and believe that the said lands of Nurney, Newton, and other lands, had been sold by the respondent to the appellant; and by means of which assertions, the jury were induced to join in a verdict that they did not find the respondent to be seised of any of the said lands.

The bill therefore prayed, that the respondent might be compelled to a specific execution of his said agreement, and to perfect to the appellant, and his heirs for ever, due and sufficient conveyances of the said lands, freed and discharged from all incumbrances, and to procure his wife to join in a proper fine and conveyance, and make the appellant compensation for the loss he had sustained by the respondent's delays, neglects, and evasions to perform his agreement; and that the respondent might view the rent-roll of the 13th of May 1762, and the other rent-rolls before-mentioned, delivered by him or by his order to the appellant, and the other writings and lists to be exhibited; and that before he answered, he might inform himself from Hornidge and Gurly, touching the several matters charged to have been transacted by them respectively on the occasions aforesaid: and that the respondent might deposit with the usher of the court, the several maps and surveys, and the counterparts of the several tenants leases, and all other title deeds, writings, and evidences, in his or any other person's hands for his use, concerning the premises contained in the said agreement and schedule of the 13th of May 1762, to be disposed of as the Court should think fit; and that he might be restrained from receiving the rents of the lands.

To this bill the respondent put in a plea, as well to the discovery as the relief; and for plea said, that by an act of parliament made in Ireland, in the 7th year of King William III. intitled, An act for the prevention of frauds and perjuries, it is amongst other things enacted,

That from and after the feast of St. John Baptist 1696, all leases, estates, interests, freeholds, or terms of years, or any uncertain interest of, into, or out of messuages, manors, lands, tenements, or hereditaments, made and created by livery of seisin only, or by parol, and not put in writing [353] and signed by the parties so making the same, or their agent thereto lawfully authorised by writing, shall have the force and effect of leases at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force and effect, any consideration for making such leases or estates, or any former law or usage to the contrary notwithstanding.

And it is by the said act further enacted,

That from and after the said feast in 1696, no action shall be brought whereby to charge any person upon any agreement, upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, 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 authorised.

And the respondent averred, that neither he, nor any person by him lawfully authorised, did ever make or sign any contract or agreement, in writing, for selling, conveying, or granting to the appellant, the lands and premises in the bill and schedule thereunto annexed mentioned, or any of them, or any part or parcel thereof, or any memorandum or note in writing of any agreement whatsoever, for or concerning the sale of the said premises, or any of them, or any part or parcel thereof to the appellant. And therefore the respondent pleaded the said act of parliament, and matters aforesaid, in bar to the relief and discovery sought by the appellant's bill; and prayed the judgment of the Court, whether he should be compelled to make further answer thereto.

This plea came on to be argued before the Lord Chancellor of Ireland, on the 17th, 18th, and 20th of June 1763, and his Lordship on the last of these days, was pleased to allow the plea, with costs.