Acts and laws passed by the great and general court or assembly of Their Majesties province of the Massachussets-bay, in New England begun at Boston, the eighth day of June 1692, and continued by adjournment, unto Wednesday the twelfth day of October following : being the second sessions.

An Act, For Prevention of Frauds and Perjuries.

FOR Prevention of many Fraudulent Practices which are com∣monly endeavoured to be upheld by Perjury, and Subornation of Perjury.

Be it Enacted and Ordained by the Gover∣nour, Council and Representatives Convened in General Court, and by the Authority of the same,

That from and after the last Day of December in this present Year One Thou∣sand Six Hundred Ninety and Two. All Leases, Estates, Interests of Freehold, or Term of Years, or any uncertain Interest of, in, or, out of any Messuages, Lands, Tenements, or Hereditaments, made or created by Livery and Seisin only, or by Parole, and not put in writing and Signed by the Parties, so making or creating of the same, or their Agents thereunto Lawfully Authorized by wri∣ting, shall have the Force & Effect of Leases, or Estates at will only, & 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 Parole Leases or Estates, or any former Law or Usage to the contrary notwithstanding.

Except nevertheless, all Leases not exceeding the Term of Three Years from the making thereof, whereupon the Rent Reserved to the Landlord, during such Term shall amount unto two third parts at the least of the full improved value of the thing Demised.

And moreover, That no Leases, Estates or Interests, either of Freehold, or Term of Years, or any uncertain Interest of in, to or out of any Mes∣suages, Lands, Tenements or Hereditaments, shall at any time after the said last day of December, 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.

And be it further Enacted by the Authority aforesaid.

That from and after the said last day of December, 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 Defendant upon any special Promise to answer for the Debt, Default or Miscarriages of another person, (3) or to charge any person upon any Agreement made upon consideration of Marriage, (4) or upon any Con∣•••…•••… 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 A∣greement upon which such Action shall be brought, or some Memorandum or Note thereof shall be in Writing, and Signed by the Party, to be Char∣ged therewith, or some other person thereunto by him lawfully Authorized.

And be it further Enacted by the Authority aforesaid,

That from and after the said last day of December, all Devises and Bequests of any Lands or Tenements, shall be in Writing, and Signed by the Party, so Devising the same, or by some other person in his presence, and by his ex∣press Directions, and shall be Attested and Subscribed in the presence of the said Devisor, by three or four credible Witnesses, or else shall be ut∣terly void and of none Effect.

And moreover, no Devise in Writing of Lands, Tenements or Heredita∣ments, or any Clause thereof, shall at any time after the said last day of December, be Revocable, otherwise than by some other VVill or Codicil in VVriting, or other VVriting declaring the same, or by Burning, Canc••lling, Tearing or Obliterating the same by the Testator himself, or in his presence, and by his Directions and Consent; (2) But all Devises and Bequests of Lands and Tenements shall remain and continue in full force, until the same be Burnt, Cancelled, Torn or Obliterated by the Testator, or his Direction in manner aforesaid, or unless the same be altered by some other VVill or Codicil in VVriting, or other VVriting of the Devisor, Signed in the presence of three or four VVitnesses, declaring the same; any former Law or Usage to the contrary Notwithstanding.

And be it further Enaeted by the Authority aforesaid,

That from and after the said last day of December, all Declarations or Creations of Trusts, or Confidences of any Lands, Tenements or Heredi∣taments, shall be manifested and proved by some VVriting, Signed by the Party who is by Law enabled to declare such Trust, or by his Last VVill in Writing, or else they shall be utterly void and of none effect.

Provided always, That where any Conveyance shall be made of any Lands or Tenements, by which a Trust or Confidence shall or may arise or result by the Implication or Construction of Law, or be Transferred or Extinguish∣ed 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 Act had not been made; any thing herein before contained to the contrary notwithstanding.

And be it further Enacted,

That all Grants and Assignments of any Trust or Confidence, shall like∣wise be in Writing, Signed by the Party, Granting or Assigning the same by such Last Will or Devise, or else shall be utterly void and of none Effect.

And be it further Enacted by the Authority aforesaid.

That from and after the said last day of December, No Contract for the Sale of any Goods, Wares and Merchandizes, for the price of Ten Pounds, 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 for prevention of Fraudulent Practices, in Setting up Nuncupative Wills, which have been the occasion of much Perjury.

Be it Enacted by the Authority aforesaid,

That from and after the aforesaid last day of December, No Nuncupative Will shall be good, whereby 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, 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; nor unless such Nuncupative Will were made in the time of the last Sickness of the Deceased, and in the House of his or their Habita∣tion or Dwelling, or where he or she hath been Resident, for the space of ten days, or more, next before the making of such Will, except where such person was surprized or taken Sick, being from his own home, and Dyed be∣fore he returned to the place of his or her Dwelling.

And be it further Enacted,

That after six months passed after the speaking of the pretended Testa∣mentary Words, no Testimony shall be received to prove any VVill Nuncu∣pative, except the said Testimony, or the Substance thereof were committed to writing within six days, after the making of the said Will.

And be it further Enacted,

That no Letters Testamentary, or probate of any Nuncupative Will, shall pass the Seal of any Court, till fourteen days at the least after the Decease of the Testator, be fully expired, nor shall any Nuncupative will be at any time received to be proved, unless process have first issued to call in the Widow, or next of Kindred to the Deceased, to the end they may contest the same, if they please.

And be it further Enacted,

That no Will in writing, concerning any Goods or Chattels, or Personal Estate, shall be Repealed; nor shall any Clause, Devise or Bequest therein, be altered or changed by any Words, or Will, by word of mouth only, ex∣cept the same be in the Life of the Testator, committed to Writing, and Read to the Testator, and allowed by him, and proved to be so done by Three Witnesses at the least.

Provided always, That notwithstanding this Act, any Souldier being in actual Military Service, or any Mariner or Seaman being at Sea, may dis∣pose of his Moveables, Wages, and Personal Estate, as he or they might have done before the making of this Act.

Notes

• Parole Leases and Interest of Freehold shall have the force of E∣states, at will only.
• Except Lea∣ses not Ex∣ceeding three years, &c.
• No Leases or states of Free∣hold to be granted or surrendred by word.
• Promises and Agreements by Parole.
• Devises of Lands to be in Writing & attested by three or four Witnesses,
• How the same shall be revocable.
• All Declara∣tions or Cre∣ations of trust to be in Writing.
• trusts arising, transferred or extinguished by implicati∣on of Law excepted.
• Assignments of trust shall be in writing
• Contract for Sale of Goods for Ten Pounds or more.
• Nuncupative Wills.
• Probate of Nuncupative Wills.
• Souldiers & Mariners Wills excep∣ted