By  the  17th  section  it  is  enacted  that  no  contract  for  the  I7th  section,
sale  of  any  goods,  wares  or  merchandises  for  the  price  of  saie  of  goods  for
lOZ.  sterling  (or  of  that  value,  9  Geo.   4,   c.    14,  s.  7)  or  i»'»^"p™i=-
upwards,  shall  be  allowed  to  be  good  except  the  buyer  shall
accept  part  of  the  goods  so  sold  and  actually  receive  the
same,  or  shall  give  something  in  earnest  to  bind  the  bargain
or  in  part  of  payment,  or  that  some  memorandum  or  note  in
writing  of  the  said  bargain  be  made  and  signed  by  the  parties
to  be  charged  by  such  contract  or  their  agents  thereunto
lawfully  authorized.     A  consideration  is   as  necessary  to  Consideration,
support  a  promise  now  as  before  the  statute.     1  Wms.  Saun.
211,  n.  (2).      It  was  held,  also,  upon  the  construction  of
section  4,  that  it  was  necessary  that  the  consideration  should
appear  in  writing  ( TVain  v.  Warlters,  5  Ea.  10) ;  but  this
has  been  altered  by  the  19  &  20  Vict.  c.  97,  to  this  extent,
that  the  consideration  for  a  special  promise  to  answer  for
the  debt,  SfC.  of  another  need  not  appear  in  writing,  or,  by
a  necessary  inference,  from  a  written  document  (s.  3).
With  reference  to  contracts  not  to  be  performed  within  a  Contracts  not  to
year  from  the  making  of  them,  it  has  been  held  that  this  witwn°!^tar-
means  a  contract  which  cannot  be  performed  within  the  ,-.  e.  winch  camio
year;  therefore,  a  contract  by  a  person  that  after  his  death  se performed.
