TITLE 1. SEC. 3. Conveyances containing power of revocation, &c. void as to subsequent purchasers. 4. Certain conveyances by person authorised to revoke former conveyance, valid.

Fraudulent

Conveyances, void, &o.

Qualification of last section

Conveyances

of revocation void, &c.

5. Such conveyances valid from the time the power to revoke vested.

6. Writing, &c. necessary to convey certain interests in land.

7. Last section not to extend to wills or certain trusts, or fines.

8. Contracts to sell or lease lands, to be in writing; consideration to be stated.
9. Contracts subscribed by lawful agent, valid.

10. Powers of chancery to compel performance of agreements, not to be affected.

SECTION 1. Every conveyance of any estate or interest in lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created, with the intent to defraud prior or subsequent purchasers for a valuable consideration, of the same lands, rents or profits, as against such purchasers, shall be void.1

$ 2. No such conveyance or charge, shall be deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice thereof, at the time of his purchase, unless it shall appear that the grantee in such conveyance, or person to be benefitted by such charge, was privy to the fraud intended.

S3. Every conveyance or charge of, or upon, any estate or intewith power rest in lands, containing any provision for the revocation, determination or alteration, of such estate or interest, or any part thereof, at the will of the grantor, shall be void, as against subsequent purchasers from such grantor for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered, by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge.2 $4. Where a power to revoke a conveyance of any lands, or the rents and profits thereof, and to reconvey the same, shall be given to mer giants any person, other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents or profits, to a purchaser for a valuable consideration, such subsequent conveyance be valid, in the same manner and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared.

Conveyances by one uuthorised to revoke for

Ib.

Requisites to convey cor

in lands.

shall

$5. If a conveyance to a purchaser, under either of the two last preceding sections, shall be made, before the person making the same, shall be entitled to execute his power of revocation, it shall nevertheless be valid, from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent, as if then made.

$ 6. No estate or interest in lands, other than leases for a term not tain interests exceeding one year, nor any trust or power, over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creat

(1) 1 R. L. 75, § 3. (2) Ib. § 5.

ing, granting, assigning, surrendering or declaring the same, or by TITLE 2. his lawful agent, thereunto authorised by writing.3

of last section

$7. The preceding section shall not be construed to affect in any Qualification manner, the power of a testator in the disposition of his real estate, by a last will and testament; nor to prevent any trust from arising, or being extinguished, by implication or operation of law; nor to prevent, after a fine shall have been levied, the execution of a deed or other instrument, in writing, declaring the uses of such fine.1

lease or sell

38. Every contract for the leasing for a longer period than one Contracts to year, or for the sale of any lands, or any interest in lands, shall be land. void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party, by whom the lease or sale is to be made."

$9. Every instrument required to be subscribed by any party, un- Ib. der the last preceding section, may be subscribed by the agent of such party lawfully authorised.

courts of

$10. Nothing in this Title contained, shall be construed to abridge Powers of the powers of courts of equity, to compel the specific performance of equity. agreements, in cases of part performance of such agreements.

TITLE II.

OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TO
GOODS, CHATTELS, AND THINGS IN ACTION.

Src. 1. Transfers of personal property for use of grantor, void as to creditors.

2. Certain agreements to be in writing, and subscribed by the party to be charged.

3. Requisites to the validity of contracts for sale of personal property.

4. What to be a memorandum, within last section, of sales at auction.

5. Certain transfers of goods, &c. fraudulent as to creditors, unless delivered, &c.

6. Who to be deemed creditors within last section.

7. Qualification of two last sections.

8. Instruments subscribed by lawful agent, valid.

fers of

ty, void.

per

§ 1. All deeds of gift, all conveyances, and all transfers or assign- Cortain transments, verbal or written, of goods, chattels, or things in action, made soal properin trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.6 §2. In the following cases, every agreement, shall be void unless Certain such agreement, or some note or memorandum thereof, expressing the be in writing, consideration, be in writing, and subscribed by the party to be charged therewith.

1. Every agreement that, by its terms, is not to be performed within one year from the making thereof:

2. Every special promise to answer for the debt, default, or miscarriage of another person:

3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry."

(3) 1 R. L. 75, § 9, 10, and part of § 12. (4) Ib. part of § 12, 13 & 14. (5) Ib § 11. (6) Ib. 1. (7) Ib. § 11.

agreements to

&c.

TITLE 2 $3. Every contract for the sale of any goods, chattels, or things in Contracts for action, for the price of fifty dollars or more, shall be void, unless,

sale of personal property.

Sales at aue

tion.

Delivery and possession

necessary to

fors of goods,

&c.

1. A note or memorandum of such contract, be made in writing, and be subscribed by the parties to be charged thereby or,

2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action: or,

3. Unless the buyer shall, at the time, pay some part of the purchase money.8

$ 4. Whenever goods shall be sold at public auction, and the auctioneer shall, at the time of sale, enter 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 is made, such memorandum shall be deemed a note of the contract of sale, within the meaning of the last section.

$5. Every sale made by a vendor, of goods and chattels in his possession, or under his control, and every assignment of goods and certain trans- chattels, by way of mortgage or security, or upon any condition whatever, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession, of the things sold, mortgaged or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith; and shall be conclusive evidence of fraud, unless it shall be made to appear, on the part of the persons claiming under such sale or assignment, that the same was made in good faith, and without any intent to defraud such creditors or purchasers.

Who to be

$6. The term "creditors," as used in the last section, shall be condeemed ere- strued to include all persons, who shall be creditors of the vendor or assignor, at any time whilst such goods and chattels, shall remain in his possession or under his control.

ditors.

Two last sections qualified.

Agents.

$7. Nothing contained in the two last sections, shall be construed to apply to contracts of bottomry or respondentia, nor to assignments or hypothecations of vessels or goods, at sea, or in foreign ports.

$8. Every instrument required by any of the provisions of this Title, to be subscribed by any party, may be subscribed by the lawful agent of such party.

TITLE III.

GENERAL PROVISIONS.

Szc, 1. Instruments relating to real or personal property, made to defraud, void.

2. Grants and assignments of trusts, to be in writing.

3. Instruments void as to creditors, to be void as to their representatives, &c.

(8) 1 R. L. 75, § 15.

Sec. 4. Fraudulent intent, a question of fact; want of consideration not conclusive.
5. Certain purchasers not to be affected by fraud, without notice thereof.
6. Meaning of terms "lands," and "estate and interest in lands.”

7. Meaning of term “conveyance.”

8. This Chapter not to affect instruments, &c. already executed.

TITLE 8.

charges, &c.

intent to bin

fraud credit

51. Every conveyance or assignment, in writing or otherwise, of Conveyances any estate or interest in lands, or in goods or things in action, or of made with any rents or profits issuing therefrom, and every charge upon lands, der or de goods, or things in action, or upon the rents or profits thereof, made ors, void. 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, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.

trusts to be

$2. Every grant or assignment of any existing trust in lands, Grants of goods or things in action, unless the same shall be in writing, sub- in writing. scribed by the party making the same, or by his agent lawfully authorised, shall be void.

veyances,

to heirs, &c.

33. Every conveyance, charge, instrument or proceeding declar- Certain coned to be void, by the provisions of this Chapter, as against creditors & void as or purchasers, shall be equally void against the heirs, successors, personal representatives or assignees, of such creditors or purchasers. 34. The question of fraudulent intent in all cases arising under certain rules the provisions of this Chapter, shall be deemed a question of fact and applicable to not of law; nor shall any conveyance or charge be adjudged fraudu- this chaptor. lent as against creditors or purchasers, solely on the ground, that it was not founded on a valuable consideration.

cuses under

chasers.

$5. The provisions of this Chapter shall not be construed, in any Ib. as to purmanner, to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear, that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

tain terms.

§ 6. The term “lands," as used in this Chapter, shall be constru- Ib. as to cer ed as co-extensive in meaning, with "lands, tenements and hereditaments;" and the terms "estate and interest in lands," shall be construed to embrace every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands, as above defined.

46

ance."

57. The term "conveyance," as used in this Chapter, shall be con- tb. term strued to embrace every instrument in writing, (except a last will con and testament) whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands, is created, aliened, assigned, or surrendered.

TITLE 1.

Ib. as to prior deeds, &.

$8. The provisions of this Chapter shall not extend to any conveyance, charge, contract, assignment, instrument or proceeding, had, made, executed or commenced, before this Chapter shall be in force as a law.

Marringe, its requisites.

Ages of cor

sent.

TITLE I.

OF HUSBAND AND WIFE.

ART. 1. Of marriage, and of the solemnization and proof thereof.

ART. 2.--Of divorces, on the ground of the nullity of the marriage contract.
ART. 3. Of divorces, dissolving the marriage contract.

ART. 4. Of separations, or limited divorces.

ART. 5.-General provisions, applicable to the two last articles.

ARTICLE FIRST.

Of Marriage, and of the Solemnization and proof thereof.

SEC. 1. Marriage a civil contract; consent essential to its validity.

2. Ages at which males and females are capable of contracting marriage.

3. Certain marriages between relations, incestuous and void.

4. At what time marriages without consent, &c. to be deemed void.

5. Polygamy forbidden.

6. Marriages contracted during absence of wife, &c. from what time void.

7. Pardons not to restore to conjugal rights, or to guardianship.

8. By whom marriages to be solemnized, in order to be registered.

9. Form of marriage; witnesses necessary.

10. Facts to be ascertained by minister, &c.; book to be kept.

11. Identity of parties about to be married, to be ascertained.

12. Penalty on ministers, &c. solemnizing marriages in certain cases.

13. Certificate of marriage to be given; its contents.

14. Certificate when and where to be filed and entered.

15. When certificate of ministers may be filed and entered.

15. Contents of the entry of every certificate.

17. Effect of certificate, entry and copies thereof, as evidence.

18. Fees of clerk of town or city.

19. This article not to apply to Quakers or Jews.

SECTION 1. Marriage, so far as its validity in law is concerned, shall continue in this state a civil contract, to which the consent of parties, capable in law of contracting, shall be essential.

$ 2. Every male who shall have attained the full age of seventeen years, and every female who shall have attained the full age of fourteen years, shall be capable, in law, of contracting marriage.