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§ 1784. A written will cannot be revoked or altered, otherwise than by another written will, or another writing of the testator, declaring such revocation or alteration, and executed with the same formalities, required by law for the will itself; or unless the will be burnt, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by another person, in his presence, by his direction and consent; and when so done by another person, the direction and consent of the testator, and the fact of such injury or destruction, must be proved by at least two witnesses.

§ 1785. No estate or interest in real property, other than a lease for a term not exceeding one year, nor any trust or power concerning it, can be created, transferred or declared otherwise than by operation of law, or by a conveyance or other instrument in writing, subscribed by the party creating, transferring or declaring the same, or by his lawful agent, under written authority, and executed with such formalities as are required by law.

§ 1786. The preceding section must not be construed to affect the power of a testator, in the disposition of his real property by a last will and testament; nor to prevent a trust from arising or being extinguished by implication or operation of law, nor to abridge the power of any court, to compel the specific performance of an agreement, in case of part performance thereof.

§ 1787. A transfer of a vessel is not complete, unless it be in writing, and signed by the party making the transfer.

§ 1788. The authority to execute a sealed instrument must be under seal, if the sealing of the instrument be essential to its validity.

§ 1789. In the following cases the agreement is invalid, unless the same, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged, or by his agent; evidence therefore of the agreement cannot 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:

3. An agreement made upon consideration of marriage, other than a mutual promise to marry:

4. An agreement for the sale of goods, chattels, or things in action, at a price not less than fifty dollars, unless the buyer accept and receive part of such goods or chattels, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchase money; but when a sale is made by auction, an entry by the auctioneer, in his sale-book, at the time

of the sale, of the kind of property sold, the terms of sale, the price, and the names of the purchaser and person on whose account the sale is made, is a sufficient memorandum:

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. An agreement relating to real property, made by an agent of the party sought to be charged, is invalid unless the authority of the agent be in writing, subscribed by the party.

ized in writing.

§ 1790. No evidence is admissible to charge a person upon a representation, as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by, or in the handwriting of, the party to be charged.

§ 1791. Nothing in this chapter repeals any statute of this state, prescribing the form of any agreement or instrument not herein mentioned.

CHAPTER VII.

CONCLUSIVE OR UNANSWERABLE EVIDENCE.

§ 1792. No evidence is by law made conclusive or unanswerable, unless so declared by this code. Estoppels are therefore abolished.

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SECTION 1793.

CHAPTER I.

BY WHOM TO BE PRODUCED.

Evidence to be produced, by whom. 1794. Writing altered, who to explain.

§ 1793. The party holding the affirmative of the issue must produce the evidence to prove it. Therefore the burden of proof lies on the party, who would be defeated, if no evidence were given on either side.

§ 1794. The party producing a writing, as genuine, which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance, or alteration ̧ He may show, that the alteration was made by another without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he do that, he may give the writing in evidence, but not otherwise.

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§ 1795. The process by which the attendance of a witness is required, is a subpoena. It is a writ or order directed to a person, and requiring his attendance, at a particular time and place, to testify as a witness. It may also require him to bring with him any books, documents, or other things under his control, which he is bound by law to produce in evidence.

§ 1796. The subpoena is issued as follows:

1. To require attendance before a court, or at the trial of an issue therein, it is issued in the name of the court, before which the attendance is required, or in which the issue is pending:

2. To require attendance out of court, in an action or special proceeding pending in court, it is issued in the name of the court, in which the action or proceeding is pending:

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