CHAPTER
154
STATUTE OF FRAUDS |
ARRANGEMENT OF
SECTIONS |
SECTION |
Short title. |
Parol leases and interests of freehold, etc., to
have the force of estates at will only. |
Except leases not exceeding three years. etc. |
No leases or estates of freehold or copyhold,
etc., to be granted or surrendered but by writing signed. |
No action against executors, etc., upon a special
promise, or upon any agreement, or contract for sale of lands, etc., unless
agreement, etc., be in writing and signed. |
Declarations or creations of trusts of lands to
be in writing and signed. |
Proviso for trusts arising, transferred or
extinguished by implication of law. |
Assignments of trusts shall be in writing. |
Trusts shall be assets by descent. |
But heir shall not by reason thereof become
chargeable of his own estate. |
The day of enrolment of recognisances to be set
down; and lands in the hands of purchasers bound from that time only. |
Proviso for soldiers and mariners wills. |
Husbands not compellable to make distribution of
the personal estates of their wives. |
CHAPTER 154 |
STATUTE OF FRAUDS |
An Act
for prevention of frauds and perjuryes. | 29 Cha. 2 c. 3
extended by 2 of 1799
3 of 2002 |
[A.D. 1677] |
[This Act may be
cited as the Statute of Frauds.] | Short title. |
1. All leases estates interests of freehold or termes
of yeares or any uncertaine interest of in to or out of any messuages mannours
lands tenements or hereditaments made or created by livery and seisin onely or
by parole and not putt in writeing and signed by the parties soe makeing or
creating the same or their agents thereunto lawfully authorised by writeing,
shall have the force and effect of leases or estates at will onely and shall
not either in law or equity be deemed or taken to have any other or greater
force or effect, any consideration for makeing any such parole leases or
estates or any former law or usage to the contrary notwithstanding. | Parol leases and interests of free-hold, etc., to have
the force of estates at will only. |
2. Except nevertheless all leases not exceeding the
terme of three yeares from the makeing thereof whereupon the rent reserved to
the landlord dureing such terme shall amount unto two third parts at the least
of the full improved value of the thing demised. | Except leases not exceeding three years, etc. |
3. And moreover that noe leases estates or interests
either of freehold or terms of yeares or any uncertaine interest ...... of in
to or out of any messuages lands tenements or hereditaments shall at any time
...... be assigned granted or surrendered unlesse it be by deed or note in
writeing signed by the party soe assigning granting or surrendring the same or
their agents thereunto lawfully authorised by writeing or by act and operation
of law. | No leases or estates of freehold or copyhold, etc., to
be granted or surrendered but by writing signed. |
4. Noe action shall be brought whereby to charge any
executor or administrator upon any speciall promise to answere damages out of
his owne estate or whereby to charge the defendant upon any speciall promise to
answere for the debt default or miscarriages of another person or to charge any
person upon any agreement made upon consideration of marriage or upon any
contract or sale of lands tenements or hereditaments or any interest in or
concerning them or upon any agreement that is not to be performed within the
space of one yeare from the makeing thereof unlesse the agreement upon which
such action shall be brought or some memorandum or note thereof shall be in
writeing and signed by the partie to be charged therewith or some other person
thereunto by him lawfully authorised. | No action against executors, etc., upon a special
promise, or upon any agreement, or contract for sale of lands, etc., unless
agreement, etc., be in writing, and signed. |
7. All declarations or creations of trusts or
confidences of any lands tenements or hereditaments shall be manifested and
proved by some writeing signed by the partie who is by law enabled to declare
such trust or by his last will in writeing or else they shall be utterly void
and of none effect. | Declarations or creations of trusts of lands to be in
writing signed. |
8. Provided alwayes that where any conveyance shall bee
made of any lands or tenements by which a trust or confidence shall or may
arise or result by the implication or construction of law or bee transferred or
extinguished by an act or operation of law then and in every such case such
trust or confidence shall be of the like force and effect as the same would
have beene if this statute had not beene made. Any thing herein before
contained to the contrary notwithstanding. | Proviso for trusts arising, transferred or
extinguished by implication of law. |
9. All grants and assignments of any trust or
confidence shall likewise be in writeing signed by the partie granting or
assigning the same [or [i]*]
by such last will or devise or else shall likewise be utterly void and of none
effect. | Assignments of trusts shall be in writing. |
10. And if any cestuy que trust hereafter shall
dye leaveing a trust in fee simple to descend to his heire, there, and in every
such case such trust shall be deemed and taken and is hereby declared to be
assetts by descent and the heire shall be lyable to and chargeable with the
obligation of his auncestors for and by reason of such assetts as fully and
amply as he might or ought to have beene if the estate in law had descended to
him in possession in like manner as the trust descended, any law custome or
usage to the contrary in any wise notwithstanding. | Trust shall be assets by descent. |
11. Provided alwayes that noe heire that shall become
chargeable by reason of any estate or trust made assetts in his hands by this
Law shall by reason of any kinde of plea or confession of the action or
suffering judgment by nient dedire or any other matter bee chargeable to pay
the condemnation out of his owne estate but execution shall be sued of the
whole estate soe made assetts in his hands by descent in whose hands soever it
shall come after the writt purchased in the same manner as it is to be at and
by the common law where the heire at law pleading a true plea judgement is
prayed against him thereupon. Any thing in this present Act contained to the
contrary notwithstanding. | But heir shall not by reason thereof become chargeable
of his own estate. |
17. And bee it further enacted by the authority
aforesaid that the day of the moneth and yeare of the enrollment of the
recognisances shall be sett downe in the margent of the roll where the said
recognisances are enrolled, and that ...... noe recognisance shall binde any
lands tenements or hereditaments in the hands of any purchasor bona fide
and for valueable consideration but from the time of such enrollment, any law
usage or course of any court to the contrary in any wise notwithstanding. | The day of enrolment of recognisances to be set down;
and lands in the hands of purchasers bound from that time only. |
22. Provided alwayes that notwithstanding this Act any
soldier being in actuall military service or any mariner or seaman being at sea
may dispose of his movables, wages and personall estate as he or they might
have done before the makeing of this Act.[ii]* | Proviso for soldiers and mariners wills. |
24. [iii]* | Husbands not compellable to make distribution of the
personal estates of their wives ...... |