of Risk col II. And be it further enacted, That if at any Time after the said Penalty for Fifth Day of April One thousand eight hundred and twenty- insuring sepaeight, any Policy of Insurance shall be granted or renewed or rate Subjects continued, whereby any Insurance from Loss or Damage by lectively in one Fire shall be made of or upor. Two or more such separate Sub- Sum. jects or Parcels of Risk as aforesaid collectively in One Sum, contrary to the true Intent and Meaning of this Act, such Policy of Insurance shall be void and of none Effect, and shall be deemed and taken to be a fraudulent Contrivance to evade the Duties by the said recited Acts respectively imposed; and the Person or Persons, or Body or Bodies Politic or Corporate, by whom or by which any such Policy of Insurance shall be granted, renewed, or continued, contrary to this Act, shall forfeit and pay the Sum of One hundred Pounds. therein, from being insured collectively, if an Average Clause be con III. Provided always, and be it enacted, That nothing in this Not to prevent Act contained shall extend or be construed to extend to prevent separate Buildthe insuring from Loss or Damage by Fire collectively, in One Sum ings, or Profor the whole, any Number of separate and distinct Buildings, or perty lying the Goods, Wares, Merchandize, or other moveable Property contained in any Number of separate and distinct Buildings, or lying or being in any Number of separate and distinct Places; provided that in the Policy whereby such Insurance shall be made there shall be contained a Clause stipulating that in the Event of any Loss or Damage by Fire happening to such Property, or to any Part of such Property thereby insured, the Insurer or Insurers in such Policy shall be liable to pay or make good such Proportion only of the said Loss or Damage as the Sum insured shall bear to the whole collective Value of the said Property at the Time when such Fire shall first break out or happen. IV. Provided always, and be it further enacted, That in all Cases in which it shall be necessary that new Policies should be granted in lieu of others now existing, in order to enable the Parties in Possession of the same to comply with the Provisions of this Act, it shall be lawful for the Commissioners of Stamps, and they are hereby authorized and required, to remit the Duty upon the Stamp of the Policy so required to be renewed. any tained in the Policy. The Duty to be remitted on Policies granted in order to comply with this Act. Not to affect Policies made before 5th April 1828. V. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to or affect Contracts or Policies of Insurance made or to be made on or before the Fifth Day of April One thousand eight hundred and twentyeight, or any of the Terms, Conditions, or Stipulations thereof. VI. And be it further enacted, That any pecuniary Penalty or Recovery of Forfeiture which shall or may be incurred under the Provisions of Penalties. this Act shall and may be recovered for the Use of His Majesty, His Heirs and Successors, by Action of Debt, Bill, Plaint, or Information in any of His Majesty's Courts, to be commenced, prosecuted, entered, or filed in the Name of His Majesty's Attorney or Solicitor General in England or Ireland, or of His Majesty's Advocate or Solicitor General for Scotland, (as the Case may be,) in England, Ireland, or Scotland respectively. VII. And be it further enacted, That this Act may be altered, Act may be amended, or repealed, by any Act or Acts to be passed in this altered. present Session of Parliament. 9 GEO. IV. C CAP. CA P. XIV. An Act for rendering a written Memorandum necessary to the Validity of certain Promises and Engagements. When ay novantort of be English Act, 21 Jac. 1. c. 16. < Irish Act, Sess. 2. c.6. In Actions of cient unless it be in Writing, 10 Bing: Joint Con- Case of Joint Contractors. [9th May 1828.] THEREAS by an Act passed in England in the Twenty-first Year of the Reign of King James the First, it was, among other Things, enacted, that all Actions of Account and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants, all Actions of Debt grounded upon any Lending or 'Contract without Specialty, and all Actions of Debt for Arrear< ages of Rent, should be commenced within Three Years after the End of the then present Session of Parliament, or within Six 'Years next after the Cause of such Actions or Suit, and not after: 'And Whereas a similar Enactment is contained in an Act passed 'in Ireland in the Tenth Year of the Reign of King Charles the 'First: And Whereas various Questions have arisen in Actions founded on Simple Contract, as to the Proof and Effect of Acknowledgments and Promises offered in Evidence for the Purpose of taking Cases out of the Operation of the said Enactments; and it is expedient to prevent such Questions, and to make Provision for giving effect to the said Enactments and to the In'tention thereof:' 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 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 that where there shall be Two or more Joint Contractors, or Executors or Administrators of any Con tractor, 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 Proviso for the 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. II. And II. And be it further enacted, That if any Defendant or De- Pleas in Abate- ▪་ III. And be it further enacted, That no Indorsement or Memo- Indorsements IV. And be it further enacted, That 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. Simple Con tract Debts of Set-off. made by V. And be it further enacted, That no Action shall be main- Confirmation tained whereby to charge any Person upon any Promise made of Promises after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith. VI. And be it further enacted, That no Action shall be brought Representwhereby to charge any Person upon or by reason of any Repre- ations of Chasentation or Assurance made or given concerning or relating to racter. 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 + Sic. Representation or 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- 29 Car. 2. c.3. 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 Irish Act, the Seventh Year of the Reign of King William the Third: And 7W.3. c.12. '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 C 2 'to 9 B.FC. 50 Powers of recited Acts ex tracts for Goods of 101. or up may to such Executory Contracts;' Be it enacted, That the said Enactments shall extend to all Contracts for the Sale of Goods of tended to Con- the Value of Ten Pounds Sterling and upwards, notwithstanding the Goods 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 or completing thereof, or rendering the same fit for Delivery. wards, although Memorandums exempted from Not to extend to Scotland. Commence VIII. And be it further enacted, That 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. IX. And be it further enacted, That nothing in this Act contained shall extend to Scotland. X. And be it further enacted, That this Act shall commence ment of Act. and take effect on the First Day of January One thousand eight ie, to actions commhundred and twenty-nine. ހ but tried after the act. tm. 297. bRing: 256. 12:07: 332 1 Cr: Mee: CAP. XV. An Act to prevent a Failure of Justice by reason of Variances 429 Temporal, and Commons, in this present Parliament assembled, In Cases where and by the Authority of the same, That it shall and may be lawful for every Court of Record holding Plea in Civil Actions, any Judge sitting at Nisi Prius, and any Court of Oyer and Terminer and General Gaol Delivery in England, Wales, the Town of Berwick-upon-Tweed, and Ireland, if such Court or Judge shall see fit so to do, to cause the Record on which any Trial may be pending before any such Judge or Court in any Civil Action, or in any Indictment or Information for any Misdemeanor, when any Variance shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof upon the Record whereon the Trial is pending, to be forthwith amended in such Particular by some Officer of the Court, on Payment of such Costs (if any) to the other Party as such Judge or Court shall think reasonable; and thereupon the Trial shall proceed as if no such Variance had appeared; and in case such Trial shall be had at Nisi Prius, the Order for the Amendment shall be indorsed on the Postea, and returned together with the Record; and thereupon the Papers, Rolls, and other Records of the Court from which such Record issued, shall be amended ac cordingly. СА Р. CA P. XVI. An Act to repeal so much of several Acts as empowers the W Reign of His late Majesty King George the Third, WHEREAS an Act was passed in the Forty-eighth Year of 'intituled An Act for enabling the Commissioners for the Re- 48 G.3. c.142. 'duction of the National Debt to grant Life Annuities: And 6 'Whereas another Act was passed in the Forty-ninth Year of the Reign of His late Majesty, intituled An Act to amend an Act 49 G.3. c.64. 'passed in the last Session of Parliament, for enabling the Com 'missioners for the Reduction of the National Debt to grant Life Annuities: And Whereas another Act was passed in the Fifty'second Year of the Reign of His late Majesty, intituled An 52 G.3. c.129. "Act for amending Two Acts passed in the Forty-eighth and Fortyninth Years of His present Majesty, for enabling the Commis'sioners for the Reduction of the National Debt to grant Life Annuities: And Whereas another Act was passed in the Fifty'sixth Year of the Reign of His late Majesty, intituled An Act 56 G.3. c.53. 'to amend and render more effectual Three several Acts, passed in 'the Forty-eighth, Forty-ninth, and Fifty-second Years of His pre'sent Majesty, for enabling the Commissioners for the Reduction of the National Debt to grant Life Annuities: And Whereas another Act was passed in the Fifty-seventh Year of the Reign ' of His late Majesty, intituled An Act to amend and render more 57 G.3. c.26. effectual Four several Acts, passed in the Forty-eighth, Forty"ninth, Fifty-second, and Fifty-sixth Years of His present Majesty, for enabling the Commissioners for the Reduction of the National "Debt to grant Life Annuities: And Whereas an Act was passed ' in the Third Year of the Reign of His present Majesty, intituled 'An Act for transferring the several Annuities of Five Pounds 3 G.4. c.9. per Centum per Annum into Annuities of Four Pounds per Centum per Annum : And Whereas another Act was passed in 'the said Third Year of the Reign of His present Majesty, in ' tituled An Act to regulate the Performance of certain Contracts, 3 G.4. c.61. ' and to authorize the Courts of Chancery and Exchequer to make "Orders in Cases which may arise out of the Conversion of certain Annuities of Five Pounds per Centum per Annum into Annuities of Four Pounds per Centum per Annum; and for paying off such Proprietors of Five Pounds per Centum Annuities as shall 'dissent from receiving Four Pounds per Centum Annuities in lieu thereof: And Whereas another Act was passed in the Fifth Year of the Reign of His present Majesty, intituled An Act for trans- 5 G.4. c.ll. ferring several Annuities of Four Pounds per Centum per An num into Annuities of Three Pounds Ten Shillings per Centum per Annum: And Whereas another Act was passed in the 'Seventh Year of the Reign of His present Majesty, intituled An Act for funding Eight Millions of Exchequer Bills: And 7G.4. c.99. Whereas it is expedient that the Powers and Provisions of the 'said recited Acts should be repealed, so far as the same relate to the granting of any Life Annuities, or authorizing the said Commissioners to accept the Transfer of any Stocks for any Life Annuities under the same:' May it therefore please Your C 3 Majesty |