Section II. Executor or administrator not to be charged upon special promise out of his own estate, or defendant upon special promise for debt, &c. of another, or upon agreement on consideration of marriage, or contract or sale of lands, or any agreement not to be performed in a year, unless in writing and signed.

And be it further enacted by the authority aforesaid, That, no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate, 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 made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, 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 there-unto by him lawfully authorized.