ARTICLES. A division in some books. In agreements and other writings, for the sake of perspicuity¹, the subjects are divided into parts, paragraphs, or articles.

ARTICLES, chan. practice. An instrument in writing, filed by a party to a proceeding² in chancery, containing reasons why a witness in the cause should be discredited³.

2. As to the matter which ought to be contained in these articles, Lord Eldon gave some general directions in the case of Carlos v. Brook⁴, 10 Ves. 49. " The court," says he, "attending with great caution to an application to permit any witness to be examined after publication, has held where the proposition was to examine a witness to credit, that the examination is either to be confined to general credit; that is, by produciug witnesses to swear, that the person is not to be believed upon his oath; or, if you find him swearing to a matter, not to issue in the cause, (and therefore not thought material to the merits,) in that case, as the witness is not produced to vary the case in evidence by, testimony⁵ that relates to matters in issue, but is to speak only to the truth or want of veracity⁶, with which a witness had spoken to a fact not, in issue, there is no danger in permitting him to state that such fact, not put in issue, is false and, for the purpose of discrediting⁷ a witness, the court has not considered itself at liberty to sanction such a proceeding as an examination to destroy the credit of another witness, who had deposed⁸ only to points put in issue. In Purcell v. M'Namara, it was agreed that after publication it was competent to examine any witness to the point, whether he would believe that man upon his oath. It is not competent, even at law, to ask the ground of that opinion; but the general question only is permitted. In Purcell v. M'Namara, the witness went into the history of his whole life and as to his solvency⁹, & c. It was not at all put at issue whether he had been insolvent¹⁰, or had compounded with his creditors¹¹; but, having sworn the contrary, they proved by witnesses, that he, who had sworn to a, matter not in issue, had sworn falsely to that fact; and that he had been insolvent, and had compounded with his creditors; and it would be lamentable¹², if the court could not find means of getting at it; for he could not be indicted¹³ for perjury¹⁴, though swearing falsely, the fact not being material. The rule is, in general cases the cause is heard upon evidence given before publication; but that you may examine after publication, provided you examine to credit only, and do not go to matters in issue in the cause, or in contradiction of them, under pretence¹⁵ of examing to credit only. Those depositions," he continued, " appear to me material to what is in issue in the cause; and therefore must be suppressed," See a form of articles in Gresl. Eq. Ev. 140, 141; and also 8 Ves. 327; 9 Ves. 145; 1 S. & S. 469.

ARTICLES, eccl. law. A complaint in the form of a libel, ex hibited to an ecclesiastical court.

ARTICLES OF AGREEMENT, contracts. Relate either to real or personal estate, or to both. An article is a memorandum¹⁶ or minute of an agreement, reduced to writing to make some future disposition¹⁷ or modification¹⁸ of property; and such an instrument will create a trust or equitable¹⁹ estate, of which a specific performance will be decreed in chancery. Cruise on Real Pr. tit. 32 c. 1, s. 31. And see Id. tit. 12, c. 1.

2. This instrument should contain: 1, the name and character of the parties; 2, the subject-matter of the contracts; 3, the covenants²⁰ which each of the parties bind²¹ themselves to perform; 4, the date; 5, the signatures of the parties.

3. – 1. The parties should be named, and their addition should also be mentioned, in order to identify them. It should also be stated which persons are of the first, second, or other part. A confusion, in this respect, may occasion difficulties.

4. – 2. The subject-matter of the contract ought to be set out in clear and explicit²² language, and the time and place of the performance of the agreement ought to be mentioned and, when goods are to be delivered, it ought to be provided at whose expense they shall be removed, for there is a difference in the delivery of light and bulky articles. The seller of bulky articles is not in general bound to deliver them unless he agrees to do so. 5 S. & R. 19 12 Mass. 300; 4 Shepl. 49.

5. – 3. The covenants to be performed by each party should be specially²³ and correctly stated, as a mistake in this respect leads to difficulties which might have been obviated²⁴ had they been properly drawn²⁵.

6. – 4. The instrument should be truly dated.

7. – 5. It should be signed by the parties or their agents. When signed by an agent he should state his authority, and sign his principal's name, and then his own, as, A B, by his agent or attorney C D.