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action for the price of fifty dollars or more, and the buyer does not accept and receive part of such goods, or the evidences, or some of them, of such things in action; nor at the time, pay any part of the purchase money.

If goods be sold at public auction, and the auctioneer at the time of the sale, enters in a sale book, a memorandum specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale was made, such memorandum is equivalent in effect to a note of the contract or sale, subscribed by the party to be charged therewith.

$ 22. Validity of certain agreements made without consideration.-An agreement for the purchase, sale, transfer or delivery of a certificate or other evidence of debt, issued by the United States or by any state, or a municipal or other corporation, or of any share or interest in the stock of any bank corporation or joint stock association, incorporated or organized under the laws of the United States or of any state, is not void or voidable, for want of consideration, or because of the non-payment of consideration, or because the vendor, at the time of making such con. tract, is not the owner or possessor of the certificate or certifi. cates or other evidence of debt, share or interest.

$ 23. Transfers in trust for the transferrer.-A transfer of personal property, made in trust for the use of the person making it, is void as against the existing or subsequent creditors of such person.

$ 24. Transfers and charges with fraudulent intent.–Every transfer of any interest in personal property, or the income thereof, and every charge on such property or income, made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, or decree or judgment suffered, with such intent, is void as against every person so hindered, delayed or defrauded.

§ 25. Sales and charges other than chattel mortgages without delivery and change of possession.- Every sale of goods and chattels in the possession or under the control of the vendor, and every assignment of goods and chattels by way of security or on any condition, but not constituting a mortgage nor intended to operate as a mortgage, unless accompanied by an immediate delivery followed by actual and continued change of possession,

Laws Repealed ; When to Take Effect.

SS 26-41

is presumed to be fraudulent and void as against all persons who are creditors of the vendor or person making the sale or assignment, including all persons who are his creditors at any time while such goods or chattels remain in his possession or under his control or subsequent purchasers of such goods and chattels in good faith ; and is conclusive evidence of such fraud, unless it appear, on the part of the person claiming, under the sale or assignment, that it was made in good faith, and without intent to defraud such creditors or purchasers.

But this section does not apply to a contract of bottomry or respondentia, or to an assignment of a vessel of goods at sea or in a foreign port.

$ 26. Fraudulent intent a question of fact.—The question of the existence of fraudulent intent in cases arising under this article, is a question of fact and not of law.

$ 27. Transfers or charges without consideration. A transfer or charge shall not be adjudged fraudulent as against creditors or purchasers, solely on the ground that it was not founded on a valuable consideration.

§ 28. Successors to rights of creditors and purchasers.-A transfer, charge, sale or assignment, or proceeding declared by this article, to be void, as against creditors or purchasers, is equally void as against the heirs, successors, personal representatives or assignees of such creditors or purchasers.

$ 29. Bona fide purchasers.--This article does not affect or impair the title of a purchaser or incumbrancer for a valuable consideration, unless it appear that such purchaser or incumbrancer had previous notice of the fraudulent intent of his immediate vendor, or of the fraud rendering void the title of such vendor.

ARTICLE III.

LAWS REPEALED; WHEN TO TAKE EFFECT.

SECTION 40. Laws repealed.

41. When to take effect.

$ 40. Laws repealed.-The laws or parts thereof specified in the schedule hereto annexed and all acts amendatory thereof are repealed.

$ 41. When to take effect.-This chapter shall take effect on the first day of October, eighteen hundred and ninety-seven.

Schedule of Laws Repealed.

SCHEDULE OF LAWS REPEALED. R. S., pt. II, ch. I, tit. II.. $ 63... Powers over trust, of party

interested. R. S., pt. II, ch.4, tit. IV.. All.... Accumulations of personal

property. R. S., pt. II, ch. 7, tit. II.. All.... Fraudulent conveyances of

personal property. R. S., pt. II, ch. 7, tit. III. All.... General provisions in rela

tion to fraudulent con.

veyances. LAWS OF Chapter. Sections.

Subject matter. 1858.... 134.... All...... Legalizing the sale of stocks on

time. 1858.... 314.... 1,2...... When trustees may impeach

assignments. 1863.... 464.... All...... 464.... All...... Amends R. S., pt. II, ch. 7, tit.

II, § 2. 1882....

185.... All...... Trustees of personal estates. 1882... 324....

All...... Debts discharged in bankruptcy. 1889.... 65.... All...... Investment of trust funds in

bonds or stocks of the cities

of the state. 1889.... 487.... All...... Amends L. 1858, ch. 314, $ 1. 1891.... 173.... All...... All...... Amends R. S., pt. II, ch. 4,

tit.

IV, $ 5. 1893.... 452.... All...... Amends R. S., pt. II, ch. I, tit.

II, $ 63. 1894.... 740.... AU...... Amends L. 1858, ch. 314, $ 1.

CHAPTER XLVIII

OF THE GENERAL LAWS.

[CHAP. 272 OF 1896.]

THE DOMESTIC RELATIONS LAW.

ARTICLE I. Unlawful marriages (SS 1-4).

II. Solemnization, proof and effect of marriage (SS 10-18).
III. Certain rights and liabilities of husband and wife (SS 20-29).
IV. The custody and wages of children (SS 40–42).

V. Guardians (SS 50–54).
VI. The adoption of children (88 60–68).
VII. Apprentices and servants (SS 70–77).
VIII. Laws repealed ; when to take effect (SS 90–91).

ARTICLE I.

UNLAWFUL MARRIAGES.

SECTION 1. Short title ; definitions.

2. Incestuous and void marriages.
3. Void marriages.

4. Voidable marriages. $ 1. Short title ; definitions.—This chapter shall be known as the domestic relations law. A minor is a person under the age of twenty-one years. A minor reaches majority at that age.

§ 2. Incestuous and void marriages.-A marriage is incestuous and void whether the relatives are legitimate or illegitimate between, either:

1. An ancestor and a descendant, or, 2. A brother and sister of either the whole or the half blood. 3. An uncle and niece or an aunt and nephew.

$ 3. Void marriages.-A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either:

1. Such former marriage has been annulled or has been dis solved for a cause other than the adultery of such person;

2. Such former husband or wife has been finally sentenced to imprisonment for life; 3. Such former husband or wife has absented himself or herself

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