AN ACT directing the Auditor to Issue Certain Warrants. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. That the Territorial auditor is hereby authorized and ordered to issue his warrants upon the Territorial treasurer for the amount due the members, clerks and other officers of the legislative assembly according to the pay-roll adopted by said assembly, of the several sums due said persons from the United States according to the Organic Act, and the secretary of the Territory is hereby ordered to pay into the Territorial treasury the amount drawn by said warrants drawn by said auditor from the funds furnished by the United States for contingent expenses in this Territory. SEC. 3. This act shall take effect from and after its passage. [Approved February 9, 1865.] AN ACT concerning fraudulent Conveyances and Contracts. This set follows Idaho. Jan. 21, 1864 Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. Every conveyance of any estate or interest in lands, or the rents and profits of lands, and any charge upon lands, or upon the rents or profits thereof, made or executed 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. SEC. 2. No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser who shall have legal notice thereof at the time of such purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud. SEC. 3. Every conveyance or charge of or upon any estate or interest in lands containing any provision for vocation, determina tion, or alteration of such estate or interest, or any part thereof, at SEC. 4. When a power to revoke a conveyance of lands or SEC. 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 vacation, it shall nevertheless be valid from the time the power of vacation shall actually rest in such person in the same manner and to the same extent as if then made. 486 SEC. 6. No estate or interest in lands other than for leases for Ca a term not exceeding one year, or any trust or power over or con4 row 481 cerning lands, or in any manner relating thereto, shall hereafter be 39 Cal 109 created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. SEC. 7. The preceding section shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor prevent any trust arising or being extinguished by operation of law. 631 SEC. 8. Every contract for the leasing for a longer term than 37 Cal 253 one year, or for the sale of any lands or interest in lands shall be 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. SEC. 9. Every instrument required to be subscribed by any hout person mentioned in the last preceding section may be subscribed by the agent of the party lawfully authorized. SEC. 10. Nothing contained in this act shall be construed to abridge the power of the court to compel the specific performance of such agreements. SEC. 11. All deeds of gift, all conveyances and transfers or assignments, verbal or written, of goods, chattels, or things in action made in trust for the use of the person making the same, shall be void as against the creditors existing or subsequent of such person. SEC. 12. In the following cases any agreement shall be void unless such agreement, or some note or memorandum thereof expressing the consideration, be in writing, and subscribed by the 433 party charged thereunto: First, Every agreement that by the terms is not to be performed within one year from the making thereof. Second, Every special promise to answer for the debt or default or miscarriage of another. Third, Every agreement, promise, or undertaking made upon consideration of marriage except mutual promise to marry. SEC. 13. Every contract for the sale of any goods, chattels, or things in action for the price of two hundred dollars and over shall be void unless, First, A note or memorandum of such contract be 3144 made in writing, and be subscribed by the parties to be charged 14 Mim 267 therewith, or Second, Unless they shall accept or receive a part of such goods or the evidences or some of them of such in action. Third, Or unless the buyer shall at the time pay some part of the purchase money. SEC. 14. Whenever goods shall be sold at auction, and the auctioneer shall at the time of the sale enter in a sale book a memorandum specifying the nature and price of the property sold, the term of sale, the names of the purchasers, and 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. SEC. 15. Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by the immediate delivery, and be followed by an actual and continued change of possession of the thing sold and assigned, shall be conclusive evi dence of fraud as against the creditors of the vendor or the person making such assignments, or subsequeut purchasers in good faith. SEC. 16. The term creditors as used in the last section shall be New 338 construed to include all persons who shall be creditors of the ven dor or assignor at any time while such goods and chattels shall remain in his possession or under his control. SEC. 17. Every instrument of writing required by any of the provisions of this act to be subscribed by any party, may be subscribed by the lawful agent of such party. SEC. 18. Every conveyance or assignment in writing or otherwise of any estate or interest in lands or in goods in action, or of the rents or profits thereof, made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and any bond or other evidences of debt given, suits commenced, decrees or judgments suffered, with the like intent as against the person hindered, delayed or defrauded, shall be void. SEC. 19. Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this act, as against creditors or purchasers, shall be equally void as against the heirs, successors, and personal representatives or assigns of such creditors or purchasers. SEC. 20. The question of fraudulent intent in all cases arising under this act shall be deemed a question of fact and not of law, nor shall any conveyance or charge be adjudged fraudulent as against creditors or purchasers solely on the ground that it was not founded on a valuable consideration. SEC. 21. The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valua-34 Call 38 ble 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. SEC. 22. The term "bonds" as used in this act shall be construed as co-extensive in meaning with land, tenements, hereditaments, and possessory land claims to public lands; and the terms "estate," and "interest in lands" shall be construed to embrace every estate and interest present and future vested and contingent in lands as above defined. SEC. 23. The term "conveyance" as used in this act shall be construed to embrace any instrument in writing except a last will and testament, whatever may be its form and by whatever name it may be known in law, by which any estate or interest in land is created, alienated, assigned, or surrendered. SEC. 24. its passage. This act to take effect and be in force from and after [Approved February 9, 1865.] AN ACT granting relief to Tax Payers. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. That any corporation, person or persons within the Territory of Montana who heretofore have paid any taxes or licenses. upon property therein, under the revenue laws of Idaho Territory, during the year eighteen hundred and sixty-four, shall, upon producing a lawful receipt therefor to the tax collector, be entitled to to have the amount thereof deducted from any taxes or license due and payable under existing laws levying taxes or lisences in this Territory, provided that the same shall be deducted from the taxes or licenses first due from such corporation, person or persons. SEC. 2. This act shall take effect from and after its passage. [Approved Febraary 9, 1865.] AN ACT to amend an Act entitled an Act concerning Counties and County Officers. hoot 500 Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. All that portion of section ten of an act entitled an act concerning counties and county officers after and including the word provided in line nineteen of said section, be and the same is hereby repealed. SEC. 2. This act to take effect, and be in force, from and after its passage. [Approved February 9, 1865.] |