Guarantees
STATUTE OF FRAUDS 1695
CHAPTER XII.
An Act for Prevention of Frauds and Perjuries.
29 C. 2. 3.
Eng.
25 G. 2. 11.
III.(a ) And be it further enacted by the authority aforesaid, That from and after the said feast day of the nativity of St. John the Baptist, which shall be in the said year of our Lord one thousand six hundred ninety and six, all devises and bequests of any lands, tenements or hereditaments, devisable, either by force of the statute of wills, or by this statute, or by force of the custom of any burrough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor, by three or more credible witnesses, or else they shall be utterly void and of none effect: . . . . . . . . . . . . . . . [Rep., save as to wills made before 1st January 1838, 7 Will. 4. & 1 Vict. c. 26. ss. 2, 34.]
Declarations or creations of trusts of lands shall be in writing and signed, or by last will in writing.
Explained by 6 Anne 10.
1. [1] In actions of debt or upon the case grounded upon any simple contract no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enactments or either of them, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby; and where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said enactments or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them: Provided always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever: Provided also, that in actions to be commenced against two or more such joint contractors, or executors or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited Acts or this Act, as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff.
Action not maintainable on representations of character, &c., unless they be in writing signed by the party chargeable.
6. No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
English Act, 29 Cha. 2. c. 3. s. 16, Statute of Frauds.
Irish Act, 7 Will. 3. c. 12.
[1 Ss. 1 to 4 are rep., so far as they relate to personal actions or actions of ejectment in the superior courts of law in Ireland, 16 & 17 Vict. c. 113. s. 3.]
Statute of Frauds Amendment Act, 1828