Page:United States Statutes at Large Volume 47 Part 1.djvu/1134

 1110 the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. Not to extend to tes. SEC. 1149 . LAST SECTION NOT TO EXTEND TO CERTAIN CASES.--The ortr ustst dis pos it ion preceding section must not be construed to affect the power ofa testator in the disposition of his real property by a last will and testament, nor to prevent any trust from arising or being extin- guishe d by impli cation or o perati on of law nor to a bridge the power of any court to compel the specific performance of an agree- ment, in case of part performance thereof. w4r e ments not in SEC. 1150. AGREEMENT NOT IN WR ITING, WHEN INVALID .-I n the followin g cases the agre ement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party ch arged, o r by his agent. Evid ence, t here fore , of the agree- ment, can not be received without the writing or secondary evidence of its contents : 1 . An agreement that by its terms is not to be performed within a year from the making thereof ; 2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 1265 of the Civil Code ; 3 . An agreement made upon consideratidn of marriage other than a mutual promise to marry ; 4. A contract to sell or a sale of any goods or choses in action of the valu e of $50 or upwa rds, unl ess the buyer acc epts par t of the goods or choses in action so contracted to be sold. or sold, and actually receives the same, or gives something in earnest to bind the contract, or in part payment ; 5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreemen t, if ma de by an agent o f the pa rty sough t to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the par ty sough t to be charged ; 6. An agreement authorizing or employing an agent or broker to purchase or s ell real estate for compensation or a commission ; 7. An agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath any property, or to make any provision for any person by will. Representation of SEa. 1151 . REPRESENTATION OF CREDIT BY WRTTINO_ NO evidence is 't' admissible to charge a person upon a representation as to the credit of a thi rd perso n, unles s such r epresent ation, or some me morandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged. Conclusive evidence. When declared so SEC. 1152 . CONCLUSIVE OR UNANSWERABLE EVIDENCE .-No evidence herein' is by law made conclusive or unanswerable, unless so declared by this code. Production of evi- dence. By whom. 72d C ONGRESS. SESS. II. CH. 127 . FEB RUARY 27, 1933. CO NCLUSI VE OR UNAN SWERAB LE EV IDENC E PRODUCTION OF EVID ENCE BY WHOM TO BE PRO DUCED Party holding af- SEC. 1153. EVIDENCE TO BE PRODUCED BY w-IoM .-The party holding arrn tiveot sane . the affirmative of the issue must produce the evidence to prove it the re for e, the burden of proof li es on the par ty who wou ld be defeated if ho e vidence were giv en on either sid e. Alteration in writing. SEC. 1154. WRITING ALTERED, WHO TO EXPLAIN.-The p arty pro - ducing a writing as genu ine whic h has be en altere d, or ap pears to have been altered, after its execution, in a part material to the ques- tion in dispute, must ac-punt for the appearance or alteration. He