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29 CAR. 2, CAP. 3, STATUTE OF FRAUDS. 693 dizes, for the Price of ten Pounds Sterling, or upwards, shall be allowed to be good, except the Buyer shall accept Fart of the Goods so sold, and actually receive the same, or give some- thing in earnest to bind the Bargain, or in Part of Payment, or that some Note or Memorandum in Writing of the said Bar- gain be made and signed by the Parties to be charged by such a Contract, or their Agent thereunto lawfully authorized. XVIII. And be it further enacted by the Authority afore- said, That the Day of the Month and Year of the Enrolment of the Recognizances, shall be set down in the Margent of the Roll where the said Recognizances are enrolled; (2) and that from and after the said four and twentieth Day of June, no Recognizance shall bind any Lands, Tenements or Heredita- ments, in the Hands of any Purchaser bona -fide, and for Valua- ble Consideration, but from the Time of such Enrolment; any Law, Usage or Course of any Court to the contrary in any wise notwithstanding. XIX. And for Prevention of fraudulent Practices in setting up Nuncupative Wills, which have been the Occasion of much Perjury; (2) Be it enacted by the Authority aforesaid, That from and after the aforesaid four and twentieth Day of June, no Nuncupative Will shall be good, where the Estate thereby bequeathed shall exceed the Value of thirty Pounds, that is not proved by the Oaths of three Witnesses (at the least) that were present at the Making thereof; (3) nor unless it be proved that the Testator at the time of pronouncing the same, did bid the Persons present, or some of them, bear Witness, that such was his Will, or to that Effect; (4) nor unless such Nuncupative Will were made in the Time of the last Sickness of the Deceased, and in the House of his or her Habitation or Dwell- ing, or where he or she hath been Resident for the Space of ten * Days, or more, next before the making of such Will, ex- 513 cept where such Person was surprized or taken sick, being from his Own Home, and died before he returned to the Place of his or her Dwelling. XX. And be it further enacted, That after six Months passed after the speaking of the pretended Testamentary Words, no Testimony shall be received to prove any Will Nuncupative, except the said Testimony, or the Substance thereof, were com- mitted to Writing within six Days after the making of the said Will. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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