TITLE II. OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TO sonal pro. void. $1. All deeds of gift, all conveyances, and all transfers or assign-conveyan ments, verbal or written, of goods, chattels, or things in action, made ces of perin trust for the use of the person making the same, shall be void as perty, when against the creditors existing, or subsequent of such person. $2. In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing ments void the consideration, be in writing, and subscribed by the party charged writing. therewith. 1. Every agreement that by the 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. What agree unless in over $50, to $3. Every contract for the sale of any goods, chattels, or things Contracts for in action, for the price of fifty dollars or more, shall be void, unless, sale of goods 1. A note or memorandum of such contract be made in writing, be in wriand be subscribed by the parties to be charged therewith; 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. ting. dum of auc note S4. Whenever goods shall be sold at public auction, and the Memoranauctioneer shall at the time of sale, enter in a sale-book, a memo- tioneer randum, specifying the nature and price of the property sold, deemed not the terms of the sale, the name of the purchaser, and the name of in certain the person to [for] 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. cases. unless ven possession. $5. Every sale made by a vendor, of goods and chattels in his sale deemed possession, or under his control, and every assignment of goods and fraudulent chattels, unless the same be accompanied by an immediate delivery, dee takes and be followed by an actual and continued change of possession, of the things sold, 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. clude. $6. The term "creditors," as used in the last section, shall be creditors, construed to include all persons, who shall be creditors of the vendor who to inor assignor, at any time whilst such goods and chattels shall remain in his possession, or under his control. cases. $7. Nothing contained in the two last sections, shall be construed Excepted to apply to contracts of bottomry or respondentia, nor assignments or hypothecations of vessels or goods, at sea, or in foreign ports, or without this territory: Provided, The assignee or mortgagee shall take Agent may subscribe possession of such ship, vessel, or goods, as soon as may be, after the arrival thereof within this territory. $8. Every instrument required by any of the provisions of this instrument. act to be subscribed by any party, may be subscribed by the lawful agent of such party. What mortgag o personal pro perty not valid. Conveyances, judg. to delay creditors, &c. void. $9. No mortgage of personal property hereafter made shall be valid against any other persons than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded in the office of the register of deeds, where the mortgagor resides. TITLE III. GENERAL PROVISIONS. $1. Every conveyance or assignment, in writing or otherwise, of ments, &c. any estate or interest in lands, or in goods in action, or of any rents or profits issuing therefrom, and every charge upon lands, goods, or things in action, or upon 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 every bond or other evidence of debt given, suits commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void. Grants, &c. of trusts to S2. Every grant or assignment of any existing trust in lands, be in writing goods or things in action, unless the same shall be in writing, subscribed by the party making the same, or by his agent lawfully authorized, shall be void. Conveyan ces, void as $3. Every conveyance, charge, instrument or proceeding declared to creditors, to be void, by the provisions of this act, as against creditors or purvoid to heirs chasers, shall be equally void against the heirs, successors, personal representatives or assignees, of such creditors or purchasers. Intention to defraud, to of fact. $4. The question of fraudulent intent in all cases arising under he question the provisions of 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. Purchaser, &c. not this act S5. The provisions of this act shall not be construed in any affected by manner 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. What 'lands' to include. What 'conveyance' to include. $6. The term "lands," as used in this act, shall be construed as co-extensive in meaning, with "lands, tenements, 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. $7. The term "conveyance," as used in this act, shall be construed to embrace every 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 lands is credited, [created] aliened, assigned, or surrendered. $8. The provisions of this act shall not extend to any conveyance, Act not to charge, contract, assignment, instrument or proceeding, had, made, ceedings. executed or commenced, before this act shall be in force as a law. AN ACT concerning the writ of attachment. affect pro attachment, $1. If any creditor, his agent or attorney, shall make oath in Writ of writing, before any proper officer, that his debtor has absconded, as when to be he verily believes, or shall satisfy such officer that such debtor is about issued. to abscond, to the injury of his creditors, or that such debtor is not a resident of this territory, or that he so conceals himself as to avoid the service of process, or that such debtor is about to remove his property or effects out of the territory, or is about fraudulently to remove, convey, or dispose of the same, so as to hinder or delay his creditor, and shall file the same with the clerk of the district court, such clerk shall issue a writ of attachment, directed to the sheriff or coroner, (as the case may require,) commanding him to attach the lands, tenements, goods, chattels, rights, credits, moneys and effects, of said debtor, except such as are by law exempt from execution, wheresoever the same may be found; and if any clerk shall issue such writ without oath filed as aforesaid, such writ shall be quashed at his costs: Provided, That no attachment issued under the provisions of this act, at the suit of any person who is not a freeholder, or a resident of the county, shall be served by the said officer, unless the same shall be endorsed by some freeholder of the county as security for costs. serving writ. $2. The officer having such writ shall go to the place where the Manner of defendant's property may be found, and there, in the presence of two freeholders of the county, declare that by virtue of said writ, he attaches said property, at the suit of such plaintiff; and the said officer, with the said freeholders, who shall be under oath, to be by him administered, (and who shall for their services be allowed such sum as the court may direct,) shall make a true inventory and appraisement of all the property attached, which shall be signed by said officer and freeholders, and return with the writ, with the time when the same was served, and which, from the time of service, shall bind the property and estate of the defendant, so attached: Provided, That where property shall be attached in the hands of a consignee, his lien thereon shall not be affected thereby. 3. Upon the return of said writ, the clerk who issued the same Advertiseshall make out an advertisement, stating the names of the parties, ment, how to be pubthe time when, from what court, and for what sum the writ was lished. issued, and deliver the same to the plaintiff or his attorney, on demand, who shall cause the same, within thirty days, to be inserted in one of the newspapers printed in this territory, and nearest the place where such attachment issued, for six weeks successively; and if any plaintiff shall neglect to have such notice published, the attachment shall be dismissed, with costs. tached to re officer. S4. The property attached shall remain in the hands of such Property atofficer, unless the person in whose possession it may be found shall main in give bond to the officer with two sufficient sureties, freeholders of the hands of county, in double the appraised value thereof, with condition that the same property, or its appraised value in money, shall be forthcoming to answer the judgment of the court: Provided, That if it shall When person summoned as appear to the court that any part of said property shall have been lost or destroyed by unavoidable accident, they shall remit the value thereof to the person so bound. S5. If the plaintiff or other credible person shall make oath, that he has good reason to, and verily does believe, that any person garnishee. (naming him) has property (describing the same) in his possession belonging to the defendant, and if the officer cannot come at such property, he shall leave with such person, at his usual place of residence, a copy of the writ of attachment and affidavit, with a written notice that he appear in court at the return of such writ, and the To appear said garnishee shall attend accordingly, and answer under oath all questions put to him touching the property and credits of the defendant in his possession, or within his knowledge; and from the day of such service, such garnishee shall stand liable to such plaintiff, in attachment to the amount of the property, moneys and credits in his hands, or due from him to said defendant; and if such garnishee do not appear in court as required, the court may proceed against him by attachment, or if the plaintiff or other credible person shall made oath and file the same, that he has good reason to, and does verily believe, that the said garnishee will abscond before judgment and execution can be had against him, or that any other person (naming him) hath any property, moneys or credits of the defendant in his possession, or is indebted to said defendant, and that he is in fear such other person will abscond as aforesaid, it shall be lawful for the plaintiff to institute a suit by capias ad respondendum against such To be held garnishee or other person, who shall be held to special bail, in which suit the plaintiff may declare for the property, moneys and credits aforesaid, as of his own proper moneys, property and credits, in trover and conversion; or if the garnishee be indebted to the defendant for money had and received, or if the garnishee shall have property, moneys or credits of the defendant in his possession, and shall also be indebted to said defendant, the plaintiff may declare in trover, adding thereto a count for money had and received, and give the special matter in evidence; and if verdict and judgment be had for the said plaintiff, execution shall thereupon be had as in other cases. to bail in certain cases. Costs in certain cases how paid. Declaration filed. S6. The suit so instituted shall be continued until the action against the defendant in attachment shall be determined; and if in such action judgment shall be rendered for the defendant, the garnishee shall recover costs, and if the plaintiff shall recover against the said defendant in attachment, and if the said garnishee shall deliver to the officer executing such writ, all the property in his pos session, belonging to the defendant, and pay all moneys from him due at the time of service of process on such garnishee, then the costs which have accrued in such suit against such garnishee, shall be paid out of the effects in the hands of such officer. $7. The first and second term after the issuing of the writ of when to be attachment, the defendant shall be called, and his default entered; at or before which second term the said plaintiff, and every other creditor of the defendant, may file their declarations setting forth in a proper manner their cause of action; and it shall be competent for said defendant at any time to release his goods from such attachment, by ed from at- executing and delivering to the plaintiff a bond in the penal sum of double the amount of the appraised value of the goods so attached, Property how releas tachment or of the claims filed against him, with two sufficient sureties, to be approved of by the plaintiff, or who shall justify before some district judge or supreme court commissioner, that they are severally worth the amount specified in said bond, over and above all just debts against them; said bond to be conditioned, that if judgment in the suit should be given against the defendant, then that the same property, or the appraised value thereof in money, shall be forthcoming to answer any judgment that may be recovered by the plaintiff, or other creditor against the defendant in attachment, or that they will pay the same, with all interest, damages and costs, and that execution may issue thereon immediately against the goods and chattels, lands and tenements of such sureties; and the defendant may plead to any or all of the declarations which may be filed against him; but if the said defendant shall not plead as aforesaid, the court at the said second term shall proceed at the suit of all the said plaintiffs, as in other cases by default, and the said defendant or any other on his behalf, may appear and introduce evidence before the court or jury, as in other cases of default, and shall have the same right to appeal, move in arrest of judgment, or set aside the proceedings for irregularity: Provided, That no judgment shall be rendered under the provisions of this act, excepting for causes arising out of, founded upon, or sounding in contract, or upon the judgment or decree of some court of law or chancery: And provided further, That in case judgment shall be rendered against the original plaintiff in attachment, or if he shall otherwise fail to prosecute his suit to effect, the proceedings in favor of such creditors as may have filed declarations, shall in no wise be affected thereby, but may be prosecuted to final judgment, and the property attached shall remain in the hands of the officer to satisfy the same. Limitation. when to 18 garnishee. Garnishee S8. When any judgment shall be entered against a defendant in Scire facias attachment, a scire facias shall issue against the garnishee, (except sue against as herein before provided) to appear at the next term and show cause why the plaintiff should not have execution of the money due by him to the defendant, or of the goods and chattels of the defendant in the possession of the garnishee; and if the said garnishee shall appear upon the return of the said scire facias, and on oath or otherwise to the satisfaction of the said plaintiff, confess the amount of such debt, or the value of such goods and chattels, and deliver the same to the officer serving said attachment, or shall pay the value thereof, with all moneys from him owing to the said defendant, into court, he shall be discharged from all further liability on account how disof the goods so delivered, and the money so paid, and the costs there- charged. of shall be paid out of the effects so attached; if on said scire facias, returned served on two writs returned "nihil," the said garnishee shall not appear and confess as herein before provided, judgment shall be entered nishee does against him by default, and the court shall proceed to assess the not appear. amount thereof, and award execution therefor, as in other cases; if the said garnishee shall appear at the return of the said writ or writs, and plead thereto, the issue shall be tried and the damages assessed by a jury as in other cases, and judgment shall be entered for the plaintiff in attachment against the garnishee for the amount found due from him to the defendant in attachment, and for the value of the goods belonging to the said defendant in his possession at the When gar |