against it, direct the clerk of the county court to execute such release, and it shall thereupon have the effect of releases executed under section 27. The proceedings shall be at the cost of the party so refusing. (Code 1916, c. 76.)

§ 32. Satisfaction of execution; notation on judgment docket. -When an execution issued upon a judgment or decree, which has been entered in the judgment lien docket in the office of the clerk of the county court, is returned satisfied, the clerk to whose office such return is made, shall certify the same to the clerk of the county court, and such return shall be entered by the said clerk in the margin of the docket of such judgment or decree. Any officer failing in his duty under this section shall be fined twenty-five dollars, and he and the sureties in his official bond shall be liable to any party injured for all damages caused by such failure. (Code 1916, c. 76.)

33. When contract must be in writing.-No action shall be brought in any of the following cases:

1. To charge any person upon or by reason of a representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby credit, money, or goods; or,

2. To charge any person upon a promise made, after full age, to pay a debt contracted during infancy; or upon a ratification after full age, of a promise or simple contract made during infancy; or,

3. To charge a personal representative upon a promise to answer any debt or damages out of his own estate; or,

4. To charge any person upon a promise to answer for the debt, default, or misdoings of another; or,

or,

5. Upon any agreement made upon consideration of marriage;

6. Upon any contract for the sale of real estate, or the lease thereof, for more than a year; or,

7. Upon any agreement that is not to be performed within a year;

Unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof be in writing and signed by the party to be charged thereby or his

agent. But the consideration need not be set forth or expressed in the writing and it may be proved (where a consideration is necessary) by other evidence. (Code 1916, c. 98.)

§ 34. Contracts made on Sunday. And no contract shall be deemed void because it is made on the Sabbath day. (Code 1916, c. 149.)

§ 35. Instruments recordable. The clerk of the county court of any county in which any deed, contract, power of attorney, or other writing is to be, or may be recorded, shall admit the same to record in his office as to any person whose name is signed thereto, when it shall have been acknowledged by him or proved by two witnesses as to him, before such clerk of the county court. (Code 1916, c. 73.)

§ 36. Acknowledgment of writing; who may take; certificate. -Such clerk of the county court shall also admit any writing to record as to any person whose name is signed thereto, upon the request of any person interested therein, upon a certificate of his acknowledgment before a justice, notary public, recorder, prothonotary or clerk of any court within the United States, or a commissioner appointed within the same by the governor of this State, written or annexed to the same, to the following effect, to-wit:

"State (territory or district) of "I.

county of, to-wit: a commissioner, appointed by the governor of the State of West Virginia, for the said State (or territory or district) ; (or I, a justice of the county aforesaid, or I,

of

recorder of said county; or I,

or I,

a notary of said county;

-, a prothonotary or clerk of the county) do certify that

court of said whose name (or names) is (or

are) signed to the writing above (or hereto annexed) bearing

date on the

day of

has (or have) this day acknowl

day of

edged the same before me, in my said "Given under my hand this Or, upon a certificate so written or annexed, under the official seal of any minister plenipotentiary, charge d'affairs, consulgeneral, consul, deputy-consul, vice-consul, consular agent, viceconsular agent, commercial agent, or vice-commercial agent, ap

pointed by the government of the United States to any foreign country, or of the proper officer of any court of such country, or of the mayor or other chief magistrate of any city, town or corporation therein, that the said writing was acknowledged by such person, or proved as to him by two witnesses, before any person having such appointment, or before such court, mayor, or chief magistrate. If the acknowledgment be before a notary without the State, he shall certify the same under his official seal. (Code 1916, c. 73.)

§ 37. Remedies on contracts: form of action at law. An action of debt or assumpsit may be maintained on any note or writing, whether sealed or not, by which there is a promise, undertaking, or obligation to pay money, if the same be signed by the party who is to be charged thereby, or his agent. That an action of trespass on the case in assumpsit may be brought in all cases to recover damages for the breach of any contract sealed or unsealed, express or implied. (Code 1916, c. 99.)

§ 38. Same: judgment; interest; damages. Upon any such note which, on its face, is payable at a particular bank, or at a particular office thereof for discount and deposit, or at the place of business of a savings institution, or savings bank, and upon any bill of exchange, whether such note or bill be payable in or out of this State, if the same be protested, an action of debt or assumpsit may be maintained, and judgment given jointly against all liable by virtue thereof, whether drawers, endorsers, or acceptors, or against any one or any intermediate number of them, for the principal and charges of protest, with interest thereon from the date of such protest; and in the case of such bill, for the damages also. (Code 1916, c. 99.)

§ 39. Writings payable to person dead at time of execution.— A bond, note or other writing to a person or persons who, or some of whom, are dead at the time of its execution, shall be as valid as if such person or persons were then alive, and may be proceeded on in the name of the personal representative of such person, or the survivors or survivor, or the representative of the last survivor of such persons. (Code 1916, c. 99.)

§ 40. Liability of estates of joint obligors.-The representative of one bound with another, either jointly or as a partner, by judgment, bond, note, or otherwise, for the payment of a debt, or the performance or forbearance of an act, or for any other thing, and dying in the lifetime of the latter, may be charged in the same manner as such representative might have been charged, if those bound jointly or as partners, had been bound severally as well as jointly, otherwise than as partners. (Code 1916, c. 99.)

§ 41. Assignments; action by assignee; defenses; joinder of causes of action. The assignee of any bond, note, account, or writing, not negotiable, may maintain thereupon any action in his own name, without the addition of "assignee," which the original obligee or payee might have brought; but shall allow all just discounts, not only against himself, but against the assignor, before the defendant had notice of the assignment. In every such action the plaintiff may unite claims payable to him, individually, with those payable to him as such assignee. Any such assignee may recover from any assignor of such writing; but only joint assignors shall be joined as defendants in one action, and a remote assignor shall have the benefit of the same defense as if the suit had been instituted by his immediate assignee. (Code 1916, c. 99.)

§ 42. Remedies in equity.-A court of equity shall not have jurisdiction of a suit upon a bond, note, or writing, by an assignee or holder thereof, unless it appear that the plaintiff had not an adequate remedy thereon at law. (Code 1916, c. 99.)

§ 43. Limitation of actions.-Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following number of years next after the right to bring the same shall have accrued, that is to say: If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator or guardian, curator, committee, sheriff or deputy sheriff, clerk or deputy clerk, or any other fiduciary or public officer, within ten years; if it be upon any other contract by writing under seal, executed before the first day of April, one

thousand eight hundred and sixty-nine, within twenty years; but if executed on or after that day, within ten years; if it be upon an award, or upon a contract by writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, within five years, unless it be an action by one party against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade of merchandise between merchant and merchant, their factors or servants, where the action of account would lie, in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after. (Code 1916, c. 104.)

$ 44. Acts void as to creditors; bona fide purchasers.-Every gift, conveyance, assignment, or transfer of, or charge upon, any estate, real or personal, every suit commenced, or decree, judg ment, or execution suffered or obtained, and every bond or other writing given, with intent to delay, hinder, or defraud creditors, purchasers, or other persons, of or from what they are or may be lawfully entitled to, shall as to such creditors, purchasers, or other persons, their representatives or assigns, be void. This section shall not affect the title of a purchaser for valuable consideration, unless it appear that he had notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor. (Code 1916, c. 74.)

$.45. Definition of "transfer" and "charge;" voluntary conveyance; transfers or preferences by insolvents; suits to set aside; limitations. In this section the word "transfer" shall be taken to include every gift, sale, conveyance and assignment, and the word "charge" shall be taken to include every confessed judgment, deed of trust, mortgage, lien and incumbrance. Every transfer or charge which is not upon consideration deemed valuable in law, shall be void as to creditors whose debts shall have been contracted at the time it was made; but shall not upon that account merely be void as to creditors whose debts shall have been contracted, or as to purchasers who shall have purchased after it was made; and though it be decreed to be void as to a prior creditor, because voluntary, it shall not for cause be decreed