Statute of Frauds Act 1677
| Year | 1677 |
(29 Cha. 2) C A P. III.
'FOR Prevention of many fraudulent Practices, which are commonly endeavoured to be upheld by Perjuryand Subornation of Perjury;' (2) Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the four and twentieth Day ofJune , which shall be in the Year of our Lord one thousand six hundred seventy and seven, all Leases, Estates, Interests of Freehold, or Terms of Years, or any uncertain Interest of, in, to or out of any Messuages, Manors, Lands, Tenements or Hereditaments, made or created by Livery and Seisin only, or by Parol, and not put in Writing, and signed by the Parties so making or creating the same, or their Agents thereunto lawfully authorized by Writing, shall have the Force and Effect of Leases or Estates at Will only, and shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect; any Consideration for making any such Parol Leases or Estates, or any former Law or Usage, to the contrary notwithstanding.
II Except Leases not exceeding three Years, &c.
II. Except nevertheless all Leases not exceeding the Term of three Years from the making thereof, whereupon the Rent reserved to the Landlord, during such Term, shall amount unto two third Parts at the least of the full improved Value of the Thing demised.
III No Leases or Estates of Free-hold shall be granted or surrendred by Word.
III. And moreover, That no Leases, Estates or Interests, either of Freehold, or Terms of Years, or any uncertain Interest, not being Copyhold or customary Interest, of, in, to or out of any Messuages, Manors, Lands, Tenements or Hereditaments, shall at any Time after the said four and twentieth Day ofJune be assigned, granted or surrendered, unless it be by Deed or Note in Writing, signed by the Party so assigning, granting or surrendring the same, or their Agents thereunto lawfully authorized by Writing, or by Act and Operation of Law.
IV Promises and Agreements by Parol.
IV. And be it further enacted by the Authority aforesaid, That from and after the said four and twentieth Day ofJune no Action shall be brought whereby to charge any Executor or Administrator upon any special Promise, to answer Damages out of his own Estate; (2) or whereby to charge the Defendant upon any special Promise to answer for the Debt, Default or Miscarriages of another Person; (3)or to charge any Person upon any Agreement made upon Consideration of Marrriage; (4)or upon any Contract or Sale of Lands, Tenements or Hereditaments, or any Interest in or concerning them; (5)or upon any Agreement that is not to be performed within the Space of one Year from the making thereof; (6)unless the Agreement upon which such Action shall be brought, or someMemorandum or Note thereof, shall be in Writing, and signed by the Party to be charged therewith, or some other Person thereunto by him lawfully authorized.
V Devises of Lands shall be in Writing and attested by three or four Witnesses.
V. And be it further enacted by the Authority aforesaid, That from and after the said four and twentieth Day ofJune all Devises and Bequests of any Lands or Tenements, deviseable either by Force of the Statute of Wills, or by this Statute, or by Force of the Custom of Kent , or the Custom of any Borough, 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 Presenceof the said Devisor by three or four credible Witnesses, or else they shall be utterly void and of none Effect.
VI How the same shall be revocable.
VI. And moreover, No Devise in Writing of Lands, Tenements or Hereditaments, nor any Clause thereof, shall at any Time after the said four and twentieth Day ofJune be revocable, otherwise than by some other Will or Codicil in Writing, or other Writing declaring the same, or by Burning, Cancelling, Tearing or Obliterating the same by the Testator himself, or in his Presence and by his Directions and Consent; (2) but all Devises and Bequests of Lands and Tenements shall remain and continue in Force, until the same be Burnt, Cancelled, Torn or Obliterated by the Testator, or his Directions, in Manner aforesaid, or unless the same be altered by some other Will or Codicil in Writing, or other Writing of the Devisor signed in the Presence of three or four Witnesses, declaring the same; any former Law or Usage to the contrary notwithstanding.
VII All Declarations or Creations of Trusts shall be in Writing.
VII. And be it further enacted by the Authority aforesaid, That from and after the said four and twentieth Day ofJune all Declarations or Creations of Trusts or Confidences of any Lands, Tenements or Hereditaments, shall be manifested and proved by some Writing signed by the Party who is by Law enabled to declare such Trust, or by his last Will in Writing, or else they shall be utterly void and of none Effect.
VIII Explained by 4 Ann. c. 16. ∥ 15.
VIII. Provided always, That where any Conveyance shall be 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 be transferred or extinguished by an Act or Operation of Law, then and in every such Case such Trust or Confidenceshall be or the like Force and Effect as the same would have been if this Statute had not been made; any Thing herein before contained to the contrary notwithstanding.
IX Assignments of Trusts shall be in Writing. * Read 2 Vent.
IX. And be it further...
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