The text of the fourth section of the original Statute of Frauds is as follows: "And be it further enacted by the authority aforesaid, That from and after the said four and twentieth day of June 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 contract 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 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."

For purposes of comparison the corresponding sections of the Illinois statute are here added-: "Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no action shall be brought, whereby to charge any executor or administrator upon any special promise to answer any debt, or damages out of his own estates, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement that is not to be performed within the space of one year from the making thereof unless the promise or 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.

18 Raphael vs. Hartman, 87 III. App., 634; Dressel vs. Jordan, 104 Mass., 407.

"No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, unless such contract 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 in writing, signed by such party. This section shall not apply to sales upon execution or by an officer or person pursuant to a decree or order of any court of record in this State."