APPENDIX. 29 CARL. II., CAP. 3. AN ACT for Prevention of Frauds and Perjuries. Parol leases and interests shall have of freehold FOR prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury and subornation of perjury, 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 of June 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 estates at hereditaments, made or created by livery and seisin only, or by parol, will only; 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. the force of leases not - II. Except nevertheless all leases not exceeding the term of three years except from the making thereof, whereupon the rent reserved to the landlord exceeding during such term shall amount unto two third parts at least of the full three years, improved value of the thing demised. &c. estates of freehold shall be granted or surrendered by word. III. And moreover, that no leases, estates, or interests, either of free- No leases or hold 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 of June be assigned, granted, or surrendered, unless it be by deed or note in writing signed by the party so assigning, granting, or surrendering 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 Promises and after the said four and twentieth day of June no action shall be and agree Y ments by parol. Contracts for sales of goods or more. brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of land, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof; 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. XVII. And be it further enacted by the authority aforesaid, that for ten pounds from and after the said four and twentieth day of June no contract for the sale of any goods, wares, and merchandises 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. Representations of character. 29 Car. 2, c. 3. 9 GEO. IV., Cap. 14. AN ACT for rendering a written Memorandum necessary to the [9th May, 1828.] VI. And be it further enacted, that 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 of assurance be made in writing, signed by the party to be charged therewith. VII. 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 twenty-fourth day of June, one thousand six hundred and seventy-seven, no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards, shall be Irish Act, 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 7 Will. 3, c. 12. 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 Powers of contracts for the sale of goods of the value of ten pounds sterling and extended to upwards, notwithstanding the goods may be intended to be delivered at contracts for some future time, or may not at the time of such contract be actually or upwards, although the made, procured, or provided, or fit or ready for delivery, or some Act delivery be may be requisite for the making or completing thereof, or rendering the not made, same fit for delivery. recited Acts goods of 101. 1 WILL. IV., Cap. 68. AN ACT for the more effectual Protection of Mail Contractors, Stage Coach Proprietors, and other Common Carriers for Hire, against the Loss of or Injury to Parcels or Packages delivered to them for Conveyance or Custody, the Value and Contents of which shall not be declared to them by the Owners thereof. [23rd July, 1830.] WHEREAS by reason of the frequent practice of bankers and others of sending by the public mails, stage coaches, waggons, vans, and other public conveyances by land for hire, parcels and packages containing money, bills, notes, jewellery, and other articles of great value in small compass, much valuable property is rendered liable to depredation, and the responsibility of mail contractors, stage coach proprietors, and common carriers for hire is greatly increased: And whereas through the frequent omission by persons sending such parcels and packages to notify the value and nature of the contents thereof, so as to enable such mail contractors, stage coach proprietors, and other common carriers, by due diligence, to protect themselves against losses arising from their legal responsibility, and the difficulty of fixing parties with knowledge of notices published by such mail contractors, stage coach proprietors, and other common carriers, with the intent to limit such responsibility, they have become exposed to great and unavoidable risks, and have Mail contractors, coach proprietors, and carriers not to be liable for loss of certain goods above the value of 107, unless delivered as such, and increased charge accepted. When any parcel shall be so delivered an increased rate of charge may be demanded. Notice of the same to be affixed in offices or warehouses. thereby sustained heavy losses: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That from and after the passing of this Act no mail contractor, stage coach proprietor, or other common carrier by land for hire shall be liable for the loss of or injury to any article or articles or property of the descriptions following; (that is to say,) gold or silver coin of this realm or of any foreign state, or any gold or silver in a manufactured or unmanufactured state, or any precious stones, jewellery, watches, clocks, or time-pieces of any description, trinkets, bills, notes of the governor and company of the banks of England, Scotland, and Ireland respectively, or of any other bank in Great Britain or Ireland, orders, notes, or securities for payment of money, English or foreign, stamps, maps, writings, title deeds, paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured and unmanufactured state, and whether wrought up or not wrought up with other materials, furs, or lace, or any of them, contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger in any mail or stage coach or other public conveyance, when the value of such article or articles or property aforesaid contained in such parcel or package shall exceed the sum of ten pounds unless at the time of the delivery thereof at the office, warehouse, or receiving house of such mail contractor, stage coach proprietor or other common carrier, or to his, her, or their book-keeper, coachman, or other servant, for the purpose of being carried or of accompanying the person of any passenger as aforesaid, the value and nature of such article or articles or property shall have been declared by the person or persons sending or delivering the same, and such increased charge as hereinafter mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package. II. And be it further enacted, that when any parcel or package containing any of the articles above specified shall be so delivered, and its value and contents declared as aforesaid, and such value shall exceed the sum of ten pounds, it shall be lawful for such mail contractors, stage coach proprietors, and other common carriers to demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in some public and conspicuous part of the office, warehouse, or other receiving house where such parcels or packages are received by them for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles; and all persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office shall be bound by such notice, without further proof of the same having come to their knowledge. rate. III. Provided always, and be it further enacted, that when the value Carriers to give receipts, shall have been so declared, and the increased rate of charge paid, or an acknowledg engagement to pay the same shall have been accepted as herein before ing increased mentioned, the person receiving such increased rate of charge or accepting such agreement shall, if thereto required, sign a receipt for the package or parcel, acknowledging the same to have been insured, which receipt shall not be liable to any stamp duty; and if such receipt shall In case of not be given when required, or such notice as aforesaid shall not have neglect to give receipt been affixed, the mail contractor, stage coach proprietor, or other common or affix notice, the carrier as aforesaid shall not have or be entitled to any benefit or advan- party not to tage under this Act, but shall be liable and responsible as at the common to benefit of law, and be liable to refund the increased rate of charge. be entitled this Act. not to limit respect of any other goods conveyed. IV. Provided always, and be it enacted, that from and after the first Publication day of September now next ensuing no public notice or declaration here- of notices tofore made or hereafter to be made shall be deemed or construed to the liability of proprielimit or in anywise affect the liability at common law of any such mail tors, &c., in contractors, stage coach proprietors, or other public common carriers as aforesaid for or in respect of any articles or goods to be carried and conveyed by them; but that all and every such mail contractors, stage coach proprietors, and other common carriers as aforesaid shall from and after the said first day of September be liable, as at the common law, to answer for the loss of any injury to any articles and goods in respect whereof they may not be entitled to the benefit of this Act, any public notice or declaration by them made and given contrary thereto, or in anywise limiting such liability notwithstanding. deemed a house; V. And be it further enacted, that for the purposes of this Act every Every office office, warehouse, or receiving house which shall be used or appointed used to be by any mail contractor or stage coach proprietor or other such common receiving carrier as aforesaid for the receiving of parcels to be conveyed as aforesaid, shall be deemed and taken to be the receiving house, warehouse, or office of such mail contractor, stage coach proprietor, or other common carrier; and that any one or more of such mail contractors, stage coach and any one proprietors, or common carrier shall be liable to be sued by his, her, or prietor or their name or names only; and that no action or suit commenced to carrier shall recover damages for loss or injury to any parcel, package, or person be sued. shall abate for the want of joining any co-proprietor or co-partner in such mail, stage coach, or other public conveyance by land for hire as aforesaid. coach pro be liable to VI. Provided always, and be it further enacted, that nothing in this Not to affect Act contained shall extend or be construed to annul or in anywise affect contracts. any special contract between such mail contractor, stage coach proprietor, or common carrier, and any other parties for the conveyance of goods and merchandizes. |