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Certain transfers

of personal property void.

Certain contracts to be void, unless in writing.

10 Wend., 426.

9 do 263. 2 Denio, 87.

1 Gray, 391.

2 Doug. Mich., 31. 7 Ind. Rep., 81.

2 Doug. Mich., 316.

Contracts for sale

of goods exceed

ing fifty dollars.

Chapter Eighty-One of Revised Statutes of 1846.

(3182.) SECTION 1. All deeds of gift, all conveyances, and all 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.

(3183.) SEC. 2. In the following cases specified in this section, every agreement, contract and promise shall be void, unless such agreement, contract or promise, or some note or memorandum thereof be in writing, and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized, that is to say:

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

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

3. Every agreement, promise or undertaking, made upon consideration of marriage, except mutual promises to marry; 4. Every special promise made by an executor or Administrator, to answer damages out of his own estate.

(3184.) SEC. 3. No contract for the sale of any goods, wares or merchandise, for the price of fifty dollars or more, shall be valid, unless the purchaser shall accept and receive part of 3 Mich. Rep., 322. the goods sold, or shall give something in earnest, to bind the

3 Wend. 112.

Sales at auction.

12 Wend., 548. 1 Cal. R., 415.

bargain or in part payment, or unless some note or memorandum in writing of the bargain be made, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.

(3185.) SEC. 4. Whenever any goods shall be sold at 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 memorandum of the contract of sale, within the meaning of the last section.

in regard to the

& other.

(3186.) SEC. 5. No action shall be brought to charge any Representations person, upon or by reason of any favorable representation or ability, etc., of assurance, made concerning the character, conduct, credit,' ability, trade or dealings of any other person, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.

need not be set

(3187.) SEC. 6. The consideration of any contract, agreement Consideration or promise required by this chapter to be in writing, need not forth. be expressed in the written contract, agreement or promise, 17 Mass., 122. or in any note or memorandum thereof, but may be proved by B. & A., 595. any other legal evidence.

5 Craneli, 142.

to be presumed

less followed by


(3188.) SEC. 7. Every sale made by a vendor, of goods and When sale, etc., chattels in his possession, or under his control, and every fraudulent, unassignment of goods and chattels by way of mortgage or change of possessecurity, 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, 1 Doug. Mich. R., mortgaged or assigned, shall be presumed to be fraudulent 4 nio, 173. 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 12 Wend., 297. 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.

4 Hill, 271.


(3189.) SEC. 8. The term "creditors," as used in the who deemed preceding section, shall be construed 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.


(3190.) SEC. 9. Nothing contained in the two last sections Two last Sections shall avoid or defeat any contract of bottomry or respondentia, nor any transfer, assignment, or hypothecation of any vessels or goods at sea or abroad, if the assignee or mortgagee shall take possession of such vessels or goods, as soon as may be after the arrival thereof.

goods, etc., void

(3191.) SEC. 10. Every mortgage, or conveyance intended to mortgage of operate as a mortgage, of goods and chattels, which shall here- unless filed. after be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as


3 Mich. Rep., against subsequent purchasers and mortgagees in good faith, 8 Barb. S. C. R., unless the mortgage, or a true copy thereof, shall be filed in 11. Rep., 617. the office of the Township Clerk of the Township or City Clerk of the city where the mortgagor resides. (a)


Township Clerk to file Mortgages.

Names of parties to be entered of Record.

When Mortgage

shall cease to be


(3192.) SEC. 11. It shall be the duty of the Township or City Clerk, upon the presentation of any such instrument or copy for that purpose, and the payment of his fees, to endorse thereon the time of receiving the same, and to deposit such instrument or copy in his office, to be kept for the inspection of all persons interested. (b)

(3193.) SEC. 12. Such Township or City Clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instruments, arranging the names of the mortgagors alphabetically, and shall note therein. the time of filing each instrument or copy. (c)

(3194.) SEC. 13. Every such mortgage shall cease to be Valid unless re- valid, as against the creditors of the person making the same, or subsequent purchasers and mortgagees in good faith, after the expiration of one year from the filing of the same, or a copy thereof, unless within thirty days next preceding the


1 Hill, 473.

16 Barb., S. C. R.,


3 Mich. Rep., expiration of the year, the mortgagee, his agent or attorney, shall make and annex to the instrument or copy on file as 'aforesaid an affidavit, setting forth the interest which the mortgagee has, by virtue of said mortgage, in the property therein mentioned; upon which affidavit the Township or City Clerk shall endorse the time when the same was filed: Provided, That such affidavit being made and filed before any purchase of such mortgaged property shall be made, or other mortgage received or lien obtained thereon in good faith, shall be as valid to continue in effect such mortgage, as if the same were made and filed within the period as above provided. (d)


Subsequent renewals.

(3195.) SEC. 14. The effect of any such affidavit shall not continue beyond one year from the time when such mortgage would otherwise cease to be valid, as against subsequent purchasers or mortgagees in good fahit; but within thirty days next preceding the time when any such mortgage would otherwise cease to be valid as aforesaid, a similar affidavit may be filed and annexed as provided in the preceding section, and with the like effect.

(a) (b) (c) As Amended by Act 105 of 1847, Sec. 7. Laws of 1847, p. 163.

(d) As Amended by "An Act to Amend Section Thirteen of Chapter Eighty-One of the Revised Statutes of Eighteen Hundred and Forty-Six, respecting Chattel Mortgages." Approved April 4, 1851. Laws of 1851, p. 141.

evidence of what

(3196.) SEc. 15. A copy of any such instrument, or of any Certed copy copy thereof, so filed as aforesaid, including any affidavits facts. annexed thereto in pursuance of this chapter, certified by the Township Clerk, in whose office the same shall be filed, shall be received in evidence, but only of the fact that such instru ment, copy or affidavit was received and filed, according to the endorsement of the Township Clerk thereon, and of no other fact.


(3197.) SEC. 16. The Township and City Clerks shall be Fees of Township entitled to receive the following fees for services under the provisions of this chapter: For filing each instrument, copy or affidavit, six cents; for entering the same in a book, six cents for each party to such instrument; for searching for each paper, six cents, and the like fees for certified copies of such instruments, copies or affidavits, as are allowed by law for copies of records kept by Registers of Deeds. (e)

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hinder or de


(3198.) SECTION 1. Every conveyance or assignment, in conveyances to writing or otherwise, of any estate or interest in lands, or in fraud creditors, goods or things in action, or of any rents or profits issuing therefrom, and any charge upon lands, goods or things in action, or upon the rents or profits thereof, made with the

(e) As Amended by Act 105 of 1847, p. 168.

479, 23.

1 Gilman, 397. 1 Kernan, 202.

1 Wis. Rep., 286.

6 McLean R., 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.

13 Ill. Rep., 387.

Grants of trusts to be in writing.

Certain conveyances, etc., void,


(3199.) SEC. 2. Every grant or assignment of any existing trust in lands, goods or things in action, unless the same shall be in writing and signed by the party making the same, or by his agent lawfully authorized, shall be void.

(3200.) SEC. 3. Every conveyance, charge, instrument or at against heirs, proceeding, declared by law to be void as against creditors or purchasers, shall be equally void as against the heirs, sucessors, personal representatives or assigns of such creditors or purchasers.

Intent a question

of fact.

8 Cowen, 406.

8 Paige, 557.

(3201.) SEC. 4. The question of fraudulent intent, in all cases arising under this, or either of the last two preceding chapters,

2 Mich. Rep., shall be deemed a question of fact, and not of law.


1 Doug. Mich., 519.

out notice protected.

(3202.) SEC. 5. None of the provisions of this, or the last Purchaser with two preceding chapters, shall be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that he had previous notice of the fraudulent intent of his immediate grantor, or of the fraud, rendering void the title of such grantor.

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(3203.) SEC. 6. The term "conveyance," as used in this and the preceding eightieth chapter, shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be the form of such instrument, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered.

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