TITLE 2. $3. Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, 1. A note or memorandum of such contract, be made in writing, and be subscribed by the parties to be charged thereby or, Contracts for sale of personal property. Sales at anc tion. Delivery and necessary &c. 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 to possession, or under his control, and every assignment of goods and certain trans chattels, by way of mortgage or security, or upon any condition whatfers of goorls, ever, 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 cro- 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. S8. 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. SEC, 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. 7. Meaning of term "conveyance." 8. This Chapter not to affect instruments, &c. already executed. TITLE 3. charges, &c. intent to hin der or de $1. 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, el creditgoods, 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. $3. Every conveyance, charge, instrument or proceeding declar- certain coned to be void, by the provisions of this Chapter, as against creditors &c. void as or purchasers, shall be equally void against the heirs, successors, personal representatives or assignees, of such creditors or purchasers. $4. 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 chlor not of law; nor shall any conveyance or charge be adjudged fraudu- this chapter. lent as against creditors or purchasers, solely on the ground, that it was not founded on a valuable consideration. cases 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 cered 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. ance." 57. The term "conveyance," as used in this Chapter, shall be con- b. term strued to embrace every instrument in writing, (except a last will "conver 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. $8. The provisions of this Chapter shall not extend to any conveyance, charge, contract, assignment, instrument or proceeding, had, dectis, &c. made, executed or commenced, before this Chapter shall be in force as a law. Ib. as to prior Marriage, its sent. TITLE I. OF HUSBAND AND WIFE. ART. 1.—Of marriage, and of the solemnization and proof thereof. 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. Ages of cor- $ 2. Every male who shall have attained the full age of seventeen hated years, and every female who shall have attained the full age of four51151 (teen years, shall be capable, in law, of contracting marriage. 53. Marriages between parents and children, including grand- ART. 1. parents and grand-children of every degree, ascending and descend- Certain maring, and between brothers and sisters of the half, as well as of the riages incestwhole, blood, are declared to be incestuous and absolutely void. This section shall extend to illegitimate, as well as legitimate children and relatives. uous. riages void nullity de $4. When either of the parties to a marriage shall be incapable, Certain marfor want of age or understanding, of consenting to a marriage, or shall after their be incapable from physical causes, of entering into the marriage state, clared. or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void, from the time its nullity shall be declared, by a court of competent authority. forbidden. § 5. No second, or other subsequent, marriage, shall be contract- Polygamy ed by any person, during the life-time of any former husband or wife of such person, unless, 1. The marriage with such former husband or wife, shall have been annulled or dissolved, for some cause other than the adultery of such person: or, 2. Unless such former husband or wife, shall have been finally sentenced to imprisonment for life: Every marriage contracted in violation of the provisions of this section, shall, except in the case provided for in the next section, be absolutely void.1 during ab $ 6. If any person whose husband or wife shall have absented him- Marriages self or herself, for the space of five successive years, without being sence of husknown to such person to be living during that time, shall marry dur- band or wilo. ing the life time of such absent husband or wife, the marriage shall be void only from the time that its nullity shall be pronounced by a court of competent authority. rights, &c by pardon. $7. No pardon granted since the twelfth day of April, one thou- Conjugal sand eight hundred and twenty-two, and no pardon hereafter grant- not restored ed, to any person, who has been, or shall be, sentenced, to imprisonment for life in this state, shall be deemed to restore such the rights of any previous marriage, or to the guardianship of any children, the issue of such marriage.2 person, to lemnize certain marria 38. For the purpose of being registered and authenticated accord- who to soing to the provisions of this Title, marriages shall be solemnized only by the following persons: 1. Ministers of the gospel and priests of every denomination : 2. Mayors, recorders, and aldermen of cities: and, ges. 3. Judges of the county courts, and justices of the peace. $9. When solemnized by a minister or priest, the ceremony of Form of marriage shall be according to the forms and customs of the church (1) 1 R. L. p. 113; Ib. p. 411, 17; 2 R. L. p. 198, § 1. (2) Laws of 1822, p. 203. marriage. TITLE 1. or society to which he belongs. When solemnized by a magistrate, no particular form shall be required, except that the parties shall solemnly declare, in the presence of the magistrate and the attending witness or witnesses, that they take each other as husband and wife. In every case, there shall be at least one witness, besides the minis'ter or magistrate, present, at the ceremony. Witnesses Facts to be S10. It shall be the duty of every minister, priest, or magistrate, by minister, required to solemnize a marriage, to ascertain, &C. Entry in his Identity of parties to bo 1. The christian and surnames of the parties; their respective ages and places of residence; and their profession, trade or occupation: 2. The names and places of residence of two of the attesting witnesses, if more than one be present; and if not, the name, and place of residence, of such witness: He shall enter the facts so ascertained, and the day on which such marriage is solemnized, in a book to be kept by him for that purpose. $ 11. If either of the parties between whom the marriage is to be ascertained. solemnized, shall not be personally known to him, the minister or magistrate shall require proof of the identity of such party, by the oath of some person known to him; which oath, any magistrate is hereby authorised to administer. af 151 certain cases. S 12. Every minister or magistrate who shall solemnize a marPenalty for solemnizing anarriages, in riage, where either of the parties, within his knowledge, shall be under the age of legal consent, or an idiot or lunatic; or to which, within his knowledge, any legal impediment exists, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried. marriage. Certificate of $ 13. Whenever a marriage shall have been solemnized within this state, pursuant to this Title, the minister or magistrate by whom the marriage was solemnized, shall furnish on request, to either party, a certificate thereof, specifying, 1. The names, ages, and places of residence of the parties married, 3 and their trade, profession, or occupation; and that they were known Where and filed and en- to such minister or magistrate, or were satisfactorily proved by the oath of a person known to him, to be the persons described in such certificate: 2. The name and place of residence of the attesting witness or witnesses: and, 3. The time and place of such marriage: The certificate shall also state, that after due inquiry made, there appeared no lawful impediment to such marriage; and it shall be signed by the person making it. $14. Every such certificate signed by a magistrate, if presented to the clerk of the city or town where the marriage was solemnized, or to the clerk of the city or town where either of the parties reside, |