FRAUDS, Statute of. Perhaps one of the most important statutes ever enacted in Eng land or the United States was the Statute of Frauds (29 Charles II, chap. 3). It was passed in the year 1673. Its object is stated to be the aprevention of frauds and perjuries," and its effect is to make writing essential to the validity of many contracts or transactions. The most important sections are those relating to con tracts; namely, the 4th and the 17th, almost every word of which has been tht subject of numerous decisions. It is provided by the 4th section that no action shall be brought on the contracts therein mentioned unless the agreement or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. The contracts referred to are the following: (1) Any special promise by an executor or ad ministrator to answer damages out of his own estate; (2) any special promise to answer for the debt, default or miscarriage of another person; (3) any agreement made upon consid eration of marriage; (4) any contract or sale of lands, tenements and hereditaments, or any interest in or concerning them; and (5) any agreement that is not to be performed within the space of one year from the making thereof. This section, however, does not make the con tract null and void, but only unactionable. The 17th section has reference to sales of goods for the price (or value) of #10, and upward, which are anot allowed to be good° unless some memorandum of the bargain has been made in writing, or unless 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 payment. In the statutes of
the American States the principal alteration made in these terms is by the specification of a different sum of money. The sum usually established is $50, but in some of the States it is $30 or $40 Generally the statute has been construed not to render compliance with its provisions essential to the validity of the enu merated contracts, but only necessary to the proof of such contracts against the party who sets up the statute as a defense. The import ance of this statute has been so fully recog nized in this country that it has been substan tially re-enacted in every State in the Union, and in some of them its provisions have been made still more comprehensive and stringent. The 17th section, however, has been discarded in 16 of the States: Alabama, Arizona, Dela ware, Illinois, Kansas, Kentucky, Louisiana, New Mexico, North Carolina, Ohio, Pennsyl vania, Rhode Island, Tennessee, Texas, Vir ginia and West Virginia. Consult 'Cyclopedia of the. Laws of England,' (Vol. V) ; Browne, (Treatise on the Construction of the Statute of Frauds' (5th ed., Boston 1895) ; Smith, (Treatise on the Law of Frauds and the Stat ute of Frauds' (Indianapolis 1907). See CON TRACT; FRAUD; LEASE.