Statute of Frauds Amendment Act, 1828

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STATUTE OF FRAUDS AMENDMENT ACT 1828

C A P. XLIII.

CHAPTER XIV.

An Act for rendering a written Memorandum necessary to the Validity of certain Promises and Engagements. [9th May 1828.]

[Preamble recites English Act 21 Ja. 1. c. 16., and Irish Act 10 Cha. 1. sess. 2. c. 6.]

In actions of debt or upon the case grounded upon contract, no acknowledgment or promise shall be deemed sufficient evidence of a contract, unless it be in writing signed by the party chargeable.

Acknowledgment by joint contractor not to bind the others.

Effect of part payment not to be altered.

Plaintiff may recover against one joint contractor though he may fail against the others.

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.

[S. 2 rep. 53 & 54 Vict. c. 33. (S.L.R.), but as to inferior courts see s. 4.]

Indorsement of payment by party to whom payment is made shall not take the case out of recited Acts.

3. [¹] No indorsement or memorandum of any payment written or made after the time appointed for this Act to take effect upon any promissory note, bill of exchange, or other writing, by or on the behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of either of the said statutes.

Recited Acts and this Act shall apply to simple contract debtsalleged by way of set-off.

4. [¹] The said recited Acts and this Act shall be deemed and taken to apply to the case of any debt on simple contract alleged by way of set-off on the part of any defendant, either by plea, notice, or otherwise.

[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

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.

Powers of recited Acts extended to contracts for sale, &c. of goods of 10l. or upwards, although delivery be not intended to be made immediately.

7. And whereas by an Act passed in England in the twenty-ninth year of the reign of King Charles the Second, intituled “An Act for the prevention of frauds and perjuries,” it is among other things enacted, that from and after the twenty-fourth day of June one thousand six hundred and seventy-seven no contract for the sale of any goods, wares, and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized: And whereas a similar enactment is contained in an Act passed in Ireland in the seventh year of the reign of King William the Third: And whereas it has been held that the said recited enactments do not extend to certain executory contracts for the sale of goods, which nevertheless are within the mischief thereby intended to be remedied; and it is expedient to extend the said enactments to such executory contracts: Be it enacted, that the said enactments shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making of completing thereof, or rendering the same fit for delivery.

Memorandums exempted from stamp duties.

8. No memorandum or other writing made necessary by this Act shall be deemed to be an agreement within the meaning of any statute relating to the duties of stamps.

Act not to extend to Scotland.

9. Nothing in this Act contained shall extend to Scotland.

[S. 10 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

[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.]