Jones,  Serjt.,  in  support  of  the  rule. — Before  the  late
act  of  Parliament,  the  assignment  must  have  been  proved
in  the  usual  way,  and  the  question  here  is  whether  there
is  any  thing  in  that  act  which  renders  such  proof  unneces-
sary. This  question  must  be  decided  upon  principle
merely,  for  there  is  no  case  which  can  be  said  to  govern
it. By  the  letter  even  of  the  act  of  Parliament,  the  bare
act  of  enrolment  does  not  make  the  proceedings  evidence;
and  had  it  been  the  intention  of  the  Legislature  to  have
done  so,  such  intention  would  have  been  clearly  declar-
ed :  but  the  only  object  was  to  give  publicity  to  the  pro-
ceedings. If  the  arguments  of  the  counsel  for  the  plain-
tiffs were  to  prevail,  the  assignment  would  not  be  evi-
dence. That  would  not  be  the  record,  but  the  enrolment
only,  which  alone  could  be  admissible. It  is  to  be  observ-
ed, however,  that  the  words  are  not,  that  when  enrolled
the  proceedings  shall  be  received  in  evidence ;  but  that
no  proceedings  shall  be  admissible  until  they  be  enrolled,
which,  the  words  being  merely  negative,  clearly  shews  that
it  was  the  intention  of  the  Legislature  to  superadd  the
enrolment  to  the  other  usual  proof,  as  is  the  case  in
many  other  instances  of  statutory  regulation. Thus,  the
statute  27  Hen. 8,  c. 16,  requires  the  enrolment  of  bar-
gains and  sales  to  remain  among  the  records  of  the  coun-
ty, in  respect  of  which  such  enrolment  shall  be  made ;  and
yet  the  enrolment  of  a  deed  is  not  a  record,  because  it  is
not  the  act  of  the  Court,  but  only  a  private  act,  authen-


8  CA6ES  IN  THE  EXCHEQUER,

Exch. of  puat,  ticated  by  the  Court,  and  not  conclusive  against  stran-
y*  ,  gers  (a). So,  likewise,  by  the  statute  of  frauds,  in  certain
cases,  the  contract  or  agreement  must  be  reduced  into
writing ;  but  it  never  was  contended,  that,  on  that  account,
or  from  the  fact  of  an  instrument  being  stamped,  the
ordinary  proof  could  be  dispensed  with. 