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690 29 CAR. 2, CAP. 3, STATUTE OF FRAUDS be assigned, granted or surrendred, 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. And be it further enacted by the Authority aforesaid, That from and after the said four and twentieth Day of June, 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 Defen- dant upon any special Promise to answer for the Debt, Default or Miscarriages of another Person; (3) or to charge any Per- son upon any Agreement made upon Consideration of Marriage; (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 some Memorandum 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. VII. And be it further enacted by the Authority aforesaid, That from and after the said four and twentieth Day of June, all Declarations or Creations of Trusts and Confidence, 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. 510* VIII. Provided always, That where any Conveyance shall be made of any Lands or Tenements by which a Trust or Con- fidence shall or may arise or result by the Implication or Con- struction of Law, or be 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 been if this Statute had not been made; any Thing herein before contained to the contrary notwithstanding. IX. And be it further enacted, That all Grants and Assign- ments of any Trust or Confidence, shall likewise be in Writing, signed by the Party granting or assigning the same or by such Last Will or Devise, or else shall likewise be utterly void and of none Effect. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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